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The Patent Garden

Genus

Macadamia

3 US plant patents have been granted in this genus. 2 are already in the public domain — anyone may propagate and sell them. The next of the 1 still protected comes off patent on March 8, 2039.

Still under patent — 1 cultivar

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

Already in the public domain — 2 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.