Genus
Solanum
7 US plant patents have been granted in this genus. 5 are already in the public domain — anyone may propagate and sell them. The next of the 2 still protected comes off patent on August 6, 2031.
Still under patent — 2 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- EsasPP24181Hybrid tomato plant named ‘Esas’UNDER PATENTAugust 6, 2031
- RUYSOP1703PP30217Jerusalem cherry plant named ‘RUYSOP1703’UNDER PATENTSeptember 19, 2037
Already in the public domain — 5 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.
- G.U.Y-D Orange Pom PomPP13429Solanum named ‘G.U.Y-D Orange Pom Pom’PUBLIC DOMAINJune 15, 2020
- Cascade GoldPP7643Pepino plant, Cascade GoldPUBLIC DOMAINNovember 3, 2009
- PezzullaPP5812Tomato plant `Pezzulla`PUBLIC DOMAINJuly 5, 2004
- Tomato plantPP5171PUBLIC DOMAINJanuary 20, 2002
- Tomato plantPP4539PUBLIC DOMAINDecember 11, 1998
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.