Plant
Basil
10 US plant patents name this plant. 2 have expired, so those cultivars are free to propagate and sell. The next of the 8 still protected comes off patent on June 9, 2032.
Still under patent — 8 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Green FortunePP24471Variety of basil plant named ‘Green Fortune’UNDER PATENTJune 9, 2032
- Dark LadyPP24644Variety of basil plant named ‘Dark Lady’UNDER PATENTJuly 4, 2032
- Wild MagicPP24614Variety of basil plant named ‘Wild Magic’UNDER PATENTJuly 6, 2032
- HabanaPP24643Variety of basil plant named ‘Habana’UNDER PATENTJuly 7, 2032
- Green BallPP24615Variety of basil plant named ‘Green Ball’UNDER PATENTJuly 10, 2032
- AjakaPP24587Variety of basil plant named ‘Ajaka’UNDER PATENTAugust 3, 2032
- ObsidianPP29752Basil plant named ‘Obsidian’UNDER PATENTJune 6, 2037
- UF16-23-2PP30917Basil plant named ‘UF16-23-2’UNDER PATENTApril 23, 2038
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.
- Pesto PerpetuoPP16260Basil plant named ‘Pesto Perpetuo’PUBLIC DOMAINJanuary 7, 2025
- MahaPP13486Basil plant named ‘Maha’PUBLIC DOMAINAugust 4, 2018
Botanically this is Ocimum. 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.