Genus
Calluna
18 US plant patents have been granted in this genus. 11 are already in the public domain — anyone may propagate and sell them. The next of the 7 still protected comes off patent on September 23, 2028.
Still under patent — 7 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Nr 5163PP20527Calluna plant named ‘Nr 5163’UNDER PATENTSeptember 23, 2028
- Nr 5157PP20529Calluna plant named ‘Nr 5157’UNDER PATENTSeptember 23, 2028
- Nr 580PP20530Calluna plant named ‘Nr 580’UNDER PATENTSeptember 23, 2028
- K6322PP26216Calluna plant named ‘K6322’UNDER PATENTMay 10, 2034
- K6300PP26217Calluna plant named ‘K6300’UNDER PATENTMay 10, 2034
- VivaPP36235Calluna plant named ‘Viva’UNDER PATENTFebruary 21, 2044
- LynnPP36436Calluna plant named ‘Lynn’UNDER PATENTFebruary 21, 2044
Already in the public domain — 11 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.
- AnettePP10781Heather plant named `Anette`PUBLIC DOMAINSeptember 4, 2017
- AmethystPP10591Heather plant named `Amethyst`PUBLIC DOMAINJune 6, 2017
- AliciaPP10592Heather plant named `Alicia`PUBLIC DOMAINJune 6, 2017
- MelaniePP9789Heather `Melanie`PUBLIC DOMAINJuly 21, 2015
- AlexandraPP9710Heather `Alexandra`PUBLIC DOMAINJune 2, 2015
- Heather plant named Erica persoluta RubyPP8933PUBLIC DOMAINNovember 16, 2013
- EricaPP8501Heather plant named Erica Persoluta FlamePUBLIC DOMAINDecember 2, 2012
- Red PacificaPP7481Heather plant named "Red Pacifica"PUBLIC DOMAINOctober 11, 2009
- AugustinaPP7498Heather plant named Erica `Augustina`PUBLIC DOMAINAugust 14, 2009
- EricaPP5336Heather named Erica SunsetPUBLIC DOMAINMarch 25, 2003
- Erica PacificaPP5430Heather named Erica PacificaPUBLIC DOMAINMarch 25, 2003
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.