Plant
Athyrium
4 US plant patents name this plant. 1 has expired, so that cultivar is free to propagate and sell. The next of the 3 still protected comes off patent on October 31, 2027.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Ocean's FuryPP20126Athyrium plant named ‘Ocean's Fury’UNDER PATENTOctober 31, 2027
- Crested SurfPP33057Athyrium plant named ‘Crested Surf’UNDER PATENTFebruary 21, 2040
- JA1966PP35212Athyrium plant named ‘JA1966’UNDER PATENTSeptember 6, 2042
Already in the public domain — 1 cultivar
Most recently freed first. Anyone may propagate and sell this plant — though the name it is sold under may still be a live trademark.
- Pewter LacePP15721Athyrium plant named ‘Pewter Lace’PUBLIC DOMAINJuly 2, 2024
Botanically this is Athyrium. A patent expiring frees the plant, and its cultivar name with it — cultivar names cannot be trademarked. Any brand name it is sold under is a separate thing and may still be owned.