Genus
Populus
7 US plant patents have been granted in this genus. 3 are already in the public domain — anyone may propagate and sell them. The next of the 4 still protected comes off patent on December 8, 2033.
Still under patent — 4 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- RRR YellowPP26125Populus tree named ‘RRR Yellow’UNDER PATENTDecember 8, 2033
- Prairie SkyrisePP26575Populus tree named ‘Prairie Skyrise’UNDER PATENTApril 6, 2034
- Gold PoplarPP32272Poplar tree named ‘Gold Poplar’UNDER PATENTMarch 19, 2039
- NextGenPP36135Populus plant named ‘NextGen’UNDER PATENTNovember 22, 2043
Already in the public domain — 3 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.
- Curly PoplarPP17525Poplar tree named ‘Curly Poplar’PUBLIC DOMAINApril 22, 2025
- Gnarly PoplarPP15613Poplar tree named ‘Gnarly Poplar’PUBLIC DOMAINDecember 30, 2023
- ShinseiPP14664Poplar named ‘Shinsei’PUBLIC DOMAINJune 24, 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.