Genus
Picea
13 US plant patents have been granted in this genus. 4 are already in the public domain — anyone may propagate and sell them. The next of the 9 still protected comes off patent on March 19, 2027.
On the name: The patent names the plant 'Gebelle'. Its own wording is botanically loose: it calls Picea a 'family' (Picea is a genus; the family is Pinaceae) and Picea pungens a 'genera' (it is a species). Kept as the patent states, discrepancy noted.
Still under patent — 9 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Blue DiamondPP19550Blue spruce tree named ‘Blue Diamond’UNDER PATENTMarch 19, 2027
- Dougart12PP28693Norway spruce tree named ‘Dougart12’UNDER PATENTJanuary 7, 2036
- WesterveltPP29825White spruce tree named ‘Westervelt’UNDER PATENTDecember 27, 2036
- Charlie J. NickelPP31657White spruce tree named ‘Charlie J. Nickel’UNDER PATENTMarch 1, 2039
- INHWBPP34321Picea pungens tree named ‘INHWB’UNDER PATENTDecember 16, 2041
- MonEvaPP34562Picea plant named ‘MonEva’UNDER PATENTJanuary 18, 2042
- Andy SpinksPP35048Norway spruce tree named ‘Andy Spinks’UNDER PATENTApril 25, 2042
- INHoopMoPP34795Picea pungens tree named ‘INHoopMo’UNDER PATENTJuly 28, 2042
- INMoHoopPP34883Picea pungens tree named ‘INMoHoop’UNDER PATENTJuly 28, 2042
Already in the public domain — 4 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.
- HaalPP11473Picea glauca plant named `Haal`PUBLIC DOMAINDecember 12, 2017
- Blue WonderPP10933Picea glauca plant named `Blue Wonder`PUBLIC DOMAINJuly 3, 2017
- GebellePP10643Picea pungens, GebellePUBLIC DOMAINJanuary 21, 2017
- Baby BlueyesPP5457Blue spruce tree "Baby Blueyes" varietyPUBLIC DOMAINSeptember 19, 2003
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.