Plant
Birch
9 US plant patents name this plant. 8 have expired, so those cultivars are free to propagate and sell. The next of the 1 still protected comes off patent on November 28, 2031.
Still under patent — 1 cultivar
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- GlobePP23610Birch tree named ‘Globe’UNDER PATENTNovember 28, 2031
Already in the public domain — 8 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.
- VerDalePP15944Birch tree name ‘VerDale’PUBLIC DOMAINMay 7, 2024
- CenciPP12400Birch tree named ‘Cenci’PUBLIC DOMAINSeptember 13, 2019
- OenciPP12766Birch tree named ‘Oenci’PUBLIC DOMAINSeptember 13, 2019
- UenciPP12767Birch tree named ‘Uenci’PUBLIC DOMAINSeptember 13, 2019
- RenciPP12768Birch tree named ‘Renci’PUBLIC DOMAINSeptember 13, 2019
- FargoPP10963Birch tree named `Fargo`PUBLIC DOMAINSeptember 5, 2017
- Birch treePP6192PUBLIC DOMAINMay 31, 2005
- Birch treePP4409PUBLIC DOMAINFebruary 6, 1998
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.