Genus
Clethra
5 US plant patents have been granted in this genus. 2 are already in the public domain — anyone may propagate and sell them. The next of the 3 still protected comes off patent on August 5, 2029.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- CalebPP21589Clethra plant named ‘Caleb’UNDER PATENTAugust 5, 2029
- CrystalinaPP21561Clethra alnifolia plant named “Crystalina”UNDER PATENTOctober 13, 2029
- NovacleeinPP27590Clethra plant named ‘Novacleein’UNDER PATENTMarch 20, 2035
Already in the public domain — 2 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.
- SotitePP15505Clethra alnifolia plant named ‘Sotite’PUBLIC DOMAINMarch 21, 2023
- September BeautyPP10481Clethra alnifolia plant named `September Beauty`PUBLIC DOMAINOctober 23, 2016
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.