Genus
Epimedium
11 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 7 still protected comes off patent on April 14, 2028.
Still under patent — 7 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- ConalbaPP20344Epimedium plant named ‘Conalba’UNDER PATENTApril 14, 2028
- Ninja StarsPP29744Epimedium plant named ‘Ninja Stars’UNDER PATENTMarch 29, 2037
- MagnificentPP31676Epimedium plant named ‘Magnificent’UNDER PATENTMarch 1, 2039
- Cranberry DancerPP36548Epimedium plant named ‘Cranberry Dancer’UNDER PATENTSeptember 13, 2044
- Dream CatcherPP36549Epimedium plant named ‘Dream Catcher’UNDER PATENTSeptember 13, 2044
- Wisteria FallsPP36890Epimedium plant named ‘Wisteria Falls’UNDER PATENTMarch 5, 2045
- Jester's HatPP37187Epimedium plant named ‘Jester's Hat’UNDER PATENTSeptember 9, 2045
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.
- PINK ELFPP17228Epimedium plant named ‘PINK ELF’PUBLIC DOMAINJuly 28, 2025
- FIRE DRAGONPP17179Epimedium plant named ‘FIRE DRAGON’PUBLIC DOMAINJuly 26, 2025
- AMBER QUEENPP17197Epimedium plant named ‘AMBER QUEEN’PUBLIC DOMAINJuly 26, 2025
- Purple PixiePP13966Epimedium grandiflorum plant named ‘Purple Pixie’PUBLIC DOMAINJune 4, 2021
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.