Genus
Chilopsis
4 US plant patents have been granted in this genus. 1 is already in the public domain — anyone may propagate and sell it. The next of the 3 still protected comes off patent on June 25, 2036.
On the name: Filed as Chilopsis. Now generally treated as a synonym under current taxonomy.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- MSWNLopurPP28902Chilopsis plant named ‘MSWNLopur’UNDER PATENTJune 25, 2036
- Sweet BubbaPP33091Desert willow tree named ‘Sweet Bubba’UNDER PATENTAugust 7, 2039
- Bubba JonesPP33637Desert willow tree named ‘Bubba Jones’UNDER PATENTOctober 16, 2040
Already in the public domain — 1 cultivar
Most recently freed first. Anyone may propagate and sell this plant — though the name it is sold under may still be a live trademark.
- MonhewsPP11078Chilopsis plant named `Monhews`PUBLIC DOMAINJanuary 14, 2018
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.