Genus
Eupatorium
9 US plant patents have been granted in this genus. 2 are already in the public domain — anyone may propagate and sell them. The next of the 7 still protected comes off patent on June 16, 2028.
Still under patent — 7 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Baby JoePP20320Eupatorium plant named ‘Baby Joe’UNDER PATENTJune 16, 2028
- SnowballPP22869Eupatorium plant named ‘Snowball’UNDER PATENTFebruary 7, 2031
- CapriPP24843Eupatorium plant named ‘Capri’UNDER PATENTApril 21, 2033
- AllmelodyPP28206Eupatorium plant named ‘Allmelody’UNDER PATENTFebruary 25, 2036
- Summer SnowPP31128Eupatorium plant named ‘Summer Snow’UNDER PATENTNovember 13, 2038
- DoeuplipyPP34196Eupatorium plant named ‘Doeuplipy’UNDER PATENTOctober 12, 2041
- Blind DatePP35173Eupatorium perfoliatum plant named ‘Blind Date’UNDER PATENTNovember 28, 2042
Already in the public domain — 2 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.
- PhantomPP18354Eupatorium plant named ‘Phantom’PUBLIC DOMAINJuly 27, 2026
- Little JoePP16122Eupatorium plant named ‘Little Joe’PUBLIC DOMAINMarch 22, 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.