Genus
Echinopsis
3 US plant patents have been granted in this genus. 0 are already in the public domain — anyone may propagate and sell them. The next of the 3 still protected comes off patent on October 18, 2036.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- FlambeauPP28946Echinopsis plant named ‘Flambeau’UNDER PATENTOctober 18, 2036
- Mardi GrasPP29597Echinopsis plant named ‘Mardi Gras’UNDER PATENTOctober 18, 2036
- Ruby StarlightPP29915Echinopsis plant named ‘Ruby Starlight’UNDER PATENTOctober 18, 2037
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.