Genus
Taxus
6 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 4 still protected comes off patent on February 7, 2039.
Still under patent — 4 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- SMNTHDCPP31795Taxus plant named ‘SMNTHDC’UNDER PATENTFebruary 7, 2039
- SMNTHDPFPP32306Taxus plant named ‘SMNTHDPF’UNDER PATENTNovember 18, 2039
- SMNTHDBPP32419Taxus plant named ‘SMNTHDB’UNDER PATENTNovember 18, 2039
- HER2016T02PP36455Taxus plant named ‘HER2016T02’UNDER PATENTJanuary 14, 2044
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.