Genus
Betula
17 US plant patents have been granted in this genus. 13 are already in the public domain — anyone may propagate and sell them. The next of the 4 still protected comes off patent on November 28, 2031.
Still under patent — 4 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
Already in the public domain — 13 cultivars
Most recently freed first. Anyone may propagate and sell these plants — though the name it is sold under may still be a live trademark.
- WHIT XXVPP16573River birch tree named ‘WHIT XXV’PUBLIC DOMAINJanuary 17, 2025
- Shiloh SplashPP16362Betula plant named ‘Shiloh Splash’PUBLIC DOMAINOctober 15, 2024
- VerDalePP15944Birch tree name ‘VerDale’PUBLIC DOMAINMay 7, 2024
- VarenPP15768Betula papyrifera named ‘Varen’PUBLIC DOMAINApril 25, 2023
- Summer CascadePP15105Betula plant named ‘Summer Cascade’PUBLIC DOMAINJuly 8, 2022
- Filigree LacePP12749Betula pendula plant named ‘Filigree Lace’PUBLIC DOMAINJuly 31, 2020
- CenciPP12400Birch tree named ‘Cenci’PUBLIC DOMAINSeptember 13, 2019
- OenciPP12766Birch tree named ‘Oenci’PUBLIC DOMAINSeptember 13, 2019
- UenciPP12767Birch tree named ‘Uenci’PUBLIC DOMAINSeptember 13, 2019
- RenciPP12768Birch tree named ‘Renci’PUBLIC DOMAINSeptember 13, 2019
- FargoPP10963Birch tree named `Fargo`PUBLIC DOMAINSeptember 5, 2017
- Birch treePP6192PUBLIC DOMAINMay 31, 2005
- Birch treePP4409PUBLIC DOMAINFebruary 6, 1998
A patent expiring frees the plant, and its cultivar name comes with it — cultivar names cannot be trademarked, so they are always free to use. What it does not free is any brand name the plant is marketed under. Those are trademarks and renew indefinitely.