Genus
Heliotropium
9 US plant patents have been granted in this genus. 3 are already in the public domain — anyone may propagate and sell them. The next of the 6 still protected comes off patent on January 9, 2027.
Still under patent — 6 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- HeliosilPP19241Heliotropium plant named ‘Heliosil’UNDER PATENTJanuary 9, 2027
- HeliobuPP19584Heliotropium plant named ‘Heliobu’UNDER PATENTJanuary 15, 2028
- KLEHA07520PP19961Heliotropium plant named ‘KLEHA07520’UNDER PATENTMarch 25, 2028
- USHTRP0303PP21681Heliotrope plant named ‘USHTRP0303’UNDER PATENTDecember 9, 2029
- WNHPAULAVPP34004Heliotropium plant named ‘WNHPAULAV’UNDER PATENTJuly 9, 2041
- INHELAROPUPP36725Heliotropium plant named ‘INHELAROPU’UNDER PATENTJune 26, 2044
Already in the public domain — 3 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.
- BalhelbabimPP16551Heliotrope plant named ‘Balhelbabim’PUBLIC DOMAINFebruary 14, 2025
- NaganoPP14077Heliotrope plant named ‘Nagano’PUBLIC DOMAINApril 19, 2021
- AtlantaPP11326Heliotrope plant named `Atlanta`PUBLIC DOMAINAugust 5, 2018
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.