Genus
Ocimum
11 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 9 still protected comes off patent on June 9, 2032.
Still under patent — 9 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Green FortunePP24471Variety of basil plant named ‘Green Fortune’UNDER PATENTJune 9, 2032
- Dark LadyPP24644Variety of basil plant named ‘Dark Lady’UNDER PATENTJuly 4, 2032
- Wild MagicPP24614Variety of basil plant named ‘Wild Magic’UNDER PATENTJuly 6, 2032
- HabanaPP24643Variety of basil plant named ‘Habana’UNDER PATENTJuly 7, 2032
- Green BallPP24615Variety of basil plant named ‘Green Ball’UNDER PATENTJuly 10, 2032
- AjakaPP24587Variety of basil plant named ‘Ajaka’UNDER PATENTAugust 3, 2032
- DBASBLOOMPP28976Ocimum plant named ‘DBASBLOOM’UNDER PATENTApril 29, 2036
- ObsidianPP29752Basil plant named ‘Obsidian’UNDER PATENTJune 6, 2037
- UF16-23-2PP30917Basil plant named ‘UF16-23-2’UNDER PATENTApril 23, 2038
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.
- Pesto PerpetuoPP16260Basil plant named ‘Pesto Perpetuo’PUBLIC DOMAINJanuary 7, 2025
- MahaPP13486Basil plant named ‘Maha’PUBLIC DOMAINAugust 4, 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.