Plant
Betula
6 US plant patents name this plant. 4 have expired, so those cultivars are free to propagate and sell. The next of the 2 still protected comes off patent on June 3, 2033.
Still under patent — 2 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
Already in the public domain — 4 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.
- Shiloh SplashPP16362Betula plant named ‘Shiloh Splash’PUBLIC DOMAINOctober 15, 2024
- VarenPP15768Betula papyrifera named ‘Varen’PUBLIC DOMAINApril 25, 2023
- Summer CascadePP15105Betula plant named ‘Summer Cascade’PUBLIC DOMAINJuly 8, 2022
- Filigree LacePP12749Betula pendula plant named ‘Filigree Lace’PUBLIC DOMAINJuly 31, 2020
Botanically this is Betula. 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.