Genus
Ternstroemia
10 US plant patents have been granted in this genus. 6 are already in the public domain — anyone may propagate and sell them. The next of the 4 still protected comes off patent on September 8, 2028.
Still under patent — 4 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- HOHBPP20787Ternstroemia plant named ‘HOHB’UNDER PATENTSeptember 8, 2028
- BROODYPP30450Ternstroemia plant named ‘BROODY’UNDER PATENTSeptember 26, 2037
- BLTG01PP31383Ternstroemia plant named ‘BLTG01’UNDER PATENTJanuary 11, 2039
- Carolina SunsetPP33362Ternstroemia plant named ‘Carolina Sunset’UNDER PATENTAugust 17, 2040
Already in the public domain — 6 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.
- SotallPP13680Ternstroemia gymnanthera plant named ‘Sotall’PUBLIC DOMAINMay 17, 2022
- ContheryPP11735Ternstroemia plant named ‘Conthery’PUBLIC DOMAINFebruary 20, 2018
- ContherannPP11737Ternstroemia plant named ‘Contherann’PUBLIC DOMAINFebruary 20, 2018
- GrewadPP10521Ternstroemia gymnanthera `Grewad`PUBLIC DOMAINDecember 4, 2016
- GrevanPP10522Ternstroemia gymnanthera `Grevan`PUBLIC DOMAINDecember 4, 2016
- ContheraPP10811Ternstroemia gymnanthera variety named `Conthera`PUBLIC DOMAINOctober 18, 2016
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.