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The Patent Garden

Plant

Diascia

89 US plant patents name this plant. 56 have expired, so those cultivars are free to propagate and sell. The next of the 33 still protected comes off patent on October 19, 2026.

Still under patent — 33 cultivars

Soonest to come off patent first. You may not propagate these for sale until the date shown.

Already in the public domain — 56 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.

Botanically this is Diascia. 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.