Genus

Elaeagnus

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 November 19, 2027.

Still under patent — 2 cultivars

Soonest to come off patent first. You may not propagate these for sale until the date shown.

VivelegPP20177Elaeagnus plant named ‘Viveleg’UNDER PATENTNovember 19, 2027
AbrelaPP30018Elaeagnus ‘Abrela’UNDER PATENTMarch 24, 2037

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.

GoldenPP10936Elaeagnus plant named `Golden`PUBLIC DOMAINJuly 21, 2017

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.