Genus
Capsicum
9 US plant patents have been granted in this genus. 0 are already in the public domain — anyone may propagate and sell them. The next of the 9 still protected comes off patent on January 3, 2028.
Still under patent — 9 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- 06C84PP19913Pepper named ‘06C84’UNDER PATENTJanuary 3, 2028
- 05C37-3PP19915Pepper named ‘05C37-3’UNDER PATENTJanuary 3, 2028
- 05C69-12PP20033Ornamental Pepper named ‘05C69-12’UNDER PATENTJanuary 3, 2028
- SLP2B322PP26127Capsicum annuum plant named ‘SLP2B322’UNDER PATENTOctober 23, 2033
- RY5PP30958Pepper plant named ‘RY5’UNDER PATENTOctober 30, 2034
- E20B3751PP28123Pepper plant named ‘E20B3751’UNDER PATENTDecember 17, 2034
- BOEKTASPEP2PP27525Capsicum annuum plant named ‘BOEKTASPEP2’UNDER PATENTApril 2, 2035
- E20B3752PP29897Pepper plant named ‘E20B3752’UNDER PATENTJuly 24, 2037
- YY5PP30957Pepper plant named ‘YY5’UNDER PATENTOctober 11, 2037
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.