Genus
Rosmarinus
9 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 5 still protected comes off patent on May 12, 2028.
On the name: Filed as Rosmarinus. Now generally treated as a synonym of Salvia.
Still under patent — 5 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Gold DustPP19949Rosmarinus plant named ‘Gold Dust’UNDER PATENTMay 12, 2028
- Wilma's GoldPP21795Rosmarinus plant named ‘Wilma's Gold’UNDER PATENTAugust 22, 2029
- SunkissedPP24423Rosmarinus plant named ‘Sunkissed’UNDER PATENTSeptember 11, 2032
- Lowros12PP31838Rosmarinus plant named ‘Lowros12’UNDER PATENTJune 7, 2039
- Tuscan BeautyPP36200Rosmarinus plant named ‘Tuscan Beauty’UNDER PATENTFebruary 15, 2044
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.
- ROMAN BEAUTYPP18192Rosmarinus plant named ‘ROMAN BEAUTY’PUBLIC DOMAINDecember 28, 2025
- Athens Blue SpiresPP11552Rosemary plant named `Athens Blue Spires`PUBLIC DOMAINJune 26, 2018
- Silver SpiresPP10308Rosemary plant named `Silver Spires`PUBLIC DOMAINJuly 2, 2016
- RenzelsPP9124Rosemary plant named `Renzels`PUBLIC DOMAINApril 13, 2014
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.