Genus
Sambucus
9 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 7 still protected comes off patent on January 18, 2032.
Still under patent — 7 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Eiffel 1PP23633Sambucus plant named ‘Eiffel 1’UNDER PATENTJanuary 18, 2032
- WALFINBPP26425Sambucus plant named ‘WALFINB’UNDER PATENTMay 15, 2034
- SMNSRD4PP26613Sambucus plant named ‘SMNSRD4’UNDER PATENTSeptember 27, 2034
- SANIVALKPP28314Sambucus plant named ‘SANIVALK’UNDER PATENTJanuary 6, 2036
- SNR1292PP29051Sambucus plant named ‘SNR1292’UNDER PATENTFebruary 26, 2036
- Jdeboer001PP28957Sambucus plant named ‘Jdeboer001’UNDER PATENTJuly 21, 2036
- HYFJOLAISPP35979Sambucus plant named ‘HYFJOLAIS’UNDER PATENTAugust 27, 2043
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.
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.