Genus
Itea
5 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 4 still protected comes off patent on October 20, 2037.
Still under patent — 4 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- SMNIVDFCPP30233Itea plant named ‘SMNIVDFC’UNDER PATENTOctober 20, 2037
- BailteaonePP31318Itea plant named ‘Bailteaone’UNDER PATENTJanuary 9, 2039
- SMNIVMMPP33549Itea plant named ‘SMNIVMM’UNDER PATENTSeptember 30, 2040
- SMIHGRSPP33804Itea plant named ‘SMIHGRS’UNDER PATENTJanuary 1, 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.
- SprichPP10988Itea virginica plant named `Sprich`PUBLIC DOMAINFebruary 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.