Genus
Phormium
18 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 16 still protected comes off patent on October 3, 2026.
Still under patent — 16 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- PHORD1PP18865Phormium tenax plant named ‘PHORD1’UNDER PATENTOctober 3, 2026
- PHOS2PP20249Phormium tenax Plant Named ‘PHOS2’UNDER PATENTFebruary 22, 2027
- JubileePP19059Phormium plant named ‘Jubilee’UNDER PATENTMay 21, 2027
- Ruby TuesdayPP19440Phormium plant named ‘Ruby Tuesday’UNDER PATENTAugust 27, 2027
- FIT01PP20451Variety of Phormium plant named ‘FIT01’UNDER PATENTOctober 31, 2027
- PHOS3PP20943Phormium tenax plant named ‘PHOS3’UNDER PATENTDecember 7, 2027
- TayaPP20335Phormium Plant Named ‘Taya’UNDER PATENTJuly 10, 2028
- Electric Black LightPP21462Phormium plant named ‘Electric Black Light’UNDER PATENTJuly 18, 2029
- MoonrakerPP21954Phormium plant named ‘Moonraker’UNDER PATENTMarch 17, 2030
- ChocomintPP21977Phormium plant named ‘Chocomint’UNDER PATENTMarch 17, 2030
- BLONDIEPP24399Phormium plant named ‘BLONDIE’UNDER PATENTOctober 17, 2032
- JokerPP25571Phormium plant named ‘Joker’UNDER PATENTNovember 2, 2033
- TridentPP25597Phormium plant named ‘Trident’UNDER PATENTNovember 7, 2033
- PKFJTB18PP35121Phormium plant named ‘PKFJTB18’UNDER PATENTAugust 15, 2042
- KFPHPM18PP36180Phormium plant named ‘KFPHPM18’UNDER PATENTNovember 14, 2043
- PHOS6PP36448Phormium plant named ‘PHOS6’UNDER PATENTMarch 29, 2044
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.
- TWISTED SISTERPP18131Phormium plant named ‘TWISTED SISTER’PUBLIC DOMAINFebruary 25, 2026
- MerlotPP14228Phormium plant named ‘Merlot’PUBLIC DOMAINJuly 31, 2022
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.