Genus
Diospyros
3 US plant patents have been granted in this genus. 1 is already in the public domain — anyone may propagate and sell it. The next of the 2 still protected comes off patent on February 20, 2028.
Still under patent — 2 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Nuevo Rojo BrillantePP20729Persimmon tree named ‘Nuevo Rojo Brillante’UNDER PATENTFebruary 20, 2028
- JN5PP25689Persimmon tree named ‘JN5’UNDER PATENTNovember 24, 2033
Already in the public domain — 1 cultivar
Most recently freed first. Anyone may propagate and sell this plant — though the name it is sold under may still be a live trademark.
- Persimmon tree denominated Doc's DelightPP16822PUBLIC DOMAINJune 7, 2024
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.