Plant
Cosmos
6 US plant patents name this plant. 2 have expired, so those cultivars are free to propagate and sell. The next of the 4 still protected comes off patent on October 11, 2027.
Still under patent — 4 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
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.
- Cacao Choco Sanse 35PP17156Cosmos plant named ‘Cacao Choco Sanse 35’PUBLIC DOMAINJanuary 22, 2025
- Strawberry Choco Sanse 41PP16966Cosmos plant named ‘Strawberry Choco Sanse 41’PUBLIC DOMAINJanuary 6, 2025
Botanically this is Cosmos. 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.