Plant
Epimedium
11 US plant patents name this plant. 4 have expired, so those cultivars are free to propagate and sell. The next of the 7 still protected comes off patent on April 14, 2028.
Still under patent — 7 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- ConalbaPP20344Epimedium plant named ‘Conalba’UNDER PATENTApril 14, 2028
- Ninja StarsPP29744Epimedium plant named ‘Ninja Stars’UNDER PATENTMarch 29, 2037
- MagnificentPP31676Epimedium plant named ‘Magnificent’UNDER PATENTMarch 1, 2039
- Cranberry DancerPP36548Epimedium plant named ‘Cranberry Dancer’UNDER PATENTSeptember 13, 2044
- Dream CatcherPP36549Epimedium plant named ‘Dream Catcher’UNDER PATENTSeptember 13, 2044
- Wisteria FallsPP36890Epimedium plant named ‘Wisteria Falls’UNDER PATENTMarch 5, 2045
- Jester's HatPP37187Epimedium plant named ‘Jester's Hat’UNDER PATENTSeptember 9, 2045
Already in the public domain — 4 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.
- PINK ELFPP17228Epimedium plant named ‘PINK ELF’PUBLIC DOMAINJuly 28, 2025
- FIRE DRAGONPP17179Epimedium plant named ‘FIRE DRAGON’PUBLIC DOMAINJuly 26, 2025
- AMBER QUEENPP17197Epimedium plant named ‘AMBER QUEEN’PUBLIC DOMAINJuly 26, 2025
- Purple PixiePP13966Epimedium grandiflorum plant named ‘Purple Pixie’PUBLIC DOMAINJune 4, 2021
Botanically this is Epimedium. 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.