Plant
Clethra
5 US plant patents name this plant. 2 have expired, so those cultivars are free to propagate and sell. The next of the 3 still protected comes off patent on August 5, 2029.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- CalebPP21589Clethra plant named ‘Caleb’UNDER PATENTAugust 5, 2029
- CrystalinaPP21561Clethra alnifolia plant named “Crystalina”UNDER PATENTOctober 13, 2029
- NovacleeinPP27590Clethra plant named ‘Novacleein’UNDER PATENTMarch 20, 2035
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.
- SotitePP15505Clethra alnifolia plant named ‘Sotite’PUBLIC DOMAINMarch 21, 2023
- September BeautyPP10481Clethra alnifolia plant named `September Beauty`PUBLIC DOMAINOctober 23, 2016
Botanically this is Clethra. 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.