Genus
Gaultheria
8 US plant patents have been granted in this genus. 0 are already in the public domain — anyone may propagate and sell them. The next of the 8 still protected comes off patent on April 17, 2035.
Still under patent — 8 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- SPECGP11PP27170Gaultheria plant named ‘SPECGP11’UNDER PATENTApril 17, 2035
- Gaulsidh5PP29093Gaultheria plant named ‘Gaulsidh5’UNDER PATENTOctober 19, 2036
- Gaulsidh11PP29094Gaultheria plant named ‘Gaulsidh11’UNDER PATENTOctober 19, 2036
- Hokutotakaji-001PP30515Gaultheria plant named ‘Hokutotakaji-001’UNDER PATENTSeptember 20, 2037
- Gaulbri 1PP30791Gaultheria plant named ‘Gaulbri 1’UNDER PATENTFebruary 27, 2038
- GSW1600201PP33664Gaultheria plant named ‘GSW1600201’UNDER PATENTApril 14, 2041
- Gaulsidh12PP34625Gaultheria plant named ‘Gaulsidh12’UNDER PATENTMarch 22, 2042
- Gaulsidh4PP34661Gaultheria plant named ‘Gaulsidh4’UNDER PATENTMarch 22, 2042
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.