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The Patent Garden

Genus

Fragaria

587 US plant patents have been granted in this genus. 192 are already in the public domain — anyone may propagate and sell them. The next of the 395 still protected comes off patent on October 10, 2026.

Still under patent — 395 cultivars

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

Already in the public domain — 192 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.

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.