Genus
Nymphaea
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 May 21, 2034.
Still under patent — 1 cultivar
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Purple FantasyPP26530Water lily plant named ‘Purple Fantasy’UNDER PATENTMay 21, 2034
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.
- Black PrincessPP9662Water lily plant name: `Black Princess`PUBLIC DOMAINFebruary 26, 2016
- Peaches and CreamPP9676Water lily, plant name: `Peaches and Cream`PUBLIC DOMAINFebruary 20, 2016
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.