Genus
Cosmos
6 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 4 still protected comes off patent on October 11, 2027.
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 — 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.
- Cacao Choco Sanse 35PP17156Cosmos plant named ‘Cacao Choco Sanse 35’PUBLIC DOMAINJanuary 22, 2025
- Strawberry Choco Sanse 41PP16966Cosmos plant named ‘Strawberry Choco Sanse 41’PUBLIC DOMAINJanuary 6, 2025
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.