Genus
Lavatera
4 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 1 still protected comes off patent on January 28, 2039.
On the name: Filed as Lavatera. Now generally treated as a synonym of Malva.
Still under patent — 1 cultivar
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- DuetPP31348Lavatera plant named ‘Duet’UNDER PATENTJanuary 28, 2039
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.
- InoveraPP15478Lavatera plant named ‘Inovera’PUBLIC DOMAINAugust 6, 2023
- Barnsley BabyPP14163Lavatera plant named ‘Barnsley Baby’PUBLIC DOMAINMay 6, 2022
- Red RumPP13898Lavatera plant named ‘Red Rum’PUBLIC DOMAINJuly 31, 2021
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.