Genus
Cotinus
11 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 9 still protected comes off patent on December 22, 2026.
Still under patent — 9 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Old FashionedPP19035Cotinus plant named ‘Old Fashioned’UNDER PATENTDecember 22, 2026
- Dusky MaidenPP20358Cotinus plant named ‘Dusky Maiden’UNDER PATENTAugust 4, 2028
- NorthstarPP21064Cotinus plant named ‘Northstar’UNDER PATENTFebruary 24, 2029
- MINCOJAU3PP30327Cotinus plant named ‘MINCOJAU3’UNDER PATENTJune 22, 2037
- Cotsidh5PP30328Cotinus plant named ‘Cotsidh5’UNDER PATENTFebruary 20, 2038
- SMCCDLPPP31964Cotinus plant named ‘SMCCDLP’UNDER PATENTFebruary 14, 2039
- MINCOFLA20PP33624Cotinus plant named ‘MINCOFLA20’UNDER PATENTSeptember 30, 2040
- Mincolem04PP36137Cotinus plant named ‘Mincolem04’UNDER PATENTJanuary 23, 2044
- KolmagipurPP37209Cotinus plant named ‘Kolmagipur’UNDER PATENTFebruary 19, 2045
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.
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.