Genus
Rhus
2 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 1 still protected comes off patent on July 21, 2036.
Still under patent — 1 cultivar
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Fine Textured Compact Select APP28669Rhus plant named ‘Fine Textured Compact Select A’UNDER PATENTJuly 21, 2036
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.
- BailtigerPP16185Staghorn sumac plant named ‘Bailtiger’PUBLIC DOMAINSeptember 22, 2024
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.