Genus
Crocosmia
8 US plant patents have been granted in this genus. 3 are already in the public domain — anyone may propagate and sell them. The next of the 5 still protected comes off patent on August 28, 2039.
Still under patent — 5 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Fire StarterPP32153Crocosmia plant named ‘Fire Starter’UNDER PATENTAugust 28, 2039
- ScorchioPP32154Crocosmia plant named ‘Scorchio’UNDER PATENTAugust 28, 2039
- LavaPP32155Crocosmia plant named ‘Lava’UNDER PATENTAugust 28, 2039
- Hot SpotPP32177Crocosmia plant named ‘Hot Spot’UNDER PATENTAugust 28, 2039
- DARK FIREPP35303Crocosmia hybrid plant named ‘DARK FIRE’UNDER PATENTDecember 23, 2042
Already in the public domain — 3 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.