Genus

Fothergilla

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 14, 2039.

Still under patent — 2 cultivars

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

ALICEPP32049Fothergilla plant named ‘ALICE’UNDER PATENTFebruary 14, 2039
NCFI1PP34139Fothergilla plant named ‘NCFI1’UNDER PATENTJune 9, 2041

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.

Blue ShadowPP15490Fothergilla major plant named ‘Blue Shadow’PUBLIC DOMAINNovember 4, 2022

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.