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The Patent Garden

Genus

Perovskia

11 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 10 still protected comes off patent on December 29, 2028.

On the name: Filed as Perovskia. Now generally treated as a synonym of Salvia.

Still under patent — 10 cultivars

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

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.

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.