Genus
Silene
6 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 3 still protected comes off patent on June 3, 2028.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- FireflyPP20041Silene plant named ‘Firefly’UNDER PATENTJune 3, 2028
- Sunshine n DaydreamsPP28434Silene plant named ‘Sunshine n Daydreams’UNDER PATENTApril 7, 2036
- Sil005PP36247Silene plant named ‘Sil005’UNDER PATENTFebruary 23, 2044
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.
- Valley HighPP16064Silene dioica plant named ‘Valley High’PUBLIC DOMAINNovember 5, 2024
- Prairie FirePP15692Silene plant named ‘Prairie Fire’PUBLIC DOMAINApril 21, 2024
- Jade ValleyPP11459Silene dioica plant named `Jade Valley`PUBLIC DOMAINMay 5, 2018
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.