Genus
Cupressus
8 US plant patents have been granted in this genus. 4 are already in the public domain — anyone may propagate and sell them. The next of the 4 still protected comes off patent on September 29, 2027.
Still under patent — 4 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- MadelinePP21416Cupressus leylandii tree named ‘Madeline’UNDER PATENTSeptember 29, 2027
- HavfregoPP31474Cupressus plant named ‘Havfrego’UNDER PATENTDecember 11, 2038
- RutCup1PP35159Cupressus plant named ‘RutCup1’UNDER PATENTJune 30, 2042
- GRECQFPP36321Cupressus plant named ‘GRECQF’UNDER PATENTFebruary 24, 2044
Already in the public domain — 4 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.
- Emerald CrestPP16446Cupressus macrocarpa plant named ‘Emerald Crest’PUBLIC DOMAINMarch 24, 2024
- MonshelPP12933Cupressus sempervirens ‘Monshel’PUBLIC DOMAINOctober 26, 2020
- LimelightPP10178Cupressus glabra plant named `Limelight`PUBLIC DOMAINMay 8, 2016
- Cupressus macrocarpaPP5488Cupressus macrocarpaPUBLIC DOMAINApril 6, 2003
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.