Plant
Black raspberry
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 July 18, 2034.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- NiwotPP27131Black raspberry plant named ‘Niwot’UNDER PATENTJuly 18, 2034
- Ohio's TreasurePP27871Black raspberry plant named ‘Ohio's Treasure’UNDER PATENTJuly 2, 2035
- Shekinah TahiPP37340Black raspberry plant named ‘Shekinah Tahi’UNDER PATENTSeptember 19, 2044
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.
- ExplorerPP17727Black raspberry plant named ‘Explorer’PUBLIC DOMAINJune 2, 2025
Botanically this is Rubus. 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.