Plant
Malus
10 US plant patents name this plant. 3 have expired, so those cultivars are free to propagate and sell. The next of the 7 still protected comes off patent on May 12, 2030.
Still under patent — 7 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- BailearsPP22001Malus tree named ‘Bailears’UNDER PATENTMay 12, 2030
- JefgreenPP23863Malus tree named ‘Jefgreen’UNDER PATENTFebruary 10, 2032
- SPA493PP28075Malus tree named ‘SPA493’UNDER PATENTJuly 8, 2035
- SPA766PP30060Malus plant named ‘SPA766’UNDER PATENTFebruary 3, 2037
- E756-36PP30627Malus plant named ‘E756-36’UNDER PATENTJanuary 8, 2038
- 8S5505PP33836Malus tree named ‘8S5505’UNDER PATENTNovember 30, 2040
- JefwallPP35109Malus plant named ‘Jefwall’UNDER PATENTApril 20, 2042
Already in the public domain — 3 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.
- Summer WonderPP17748Malus ‘Summer Wonder’PUBLIC DOMAINOctober 25, 2024
- Select APP12621Malus sargentii plant named ‘Select A’PUBLIC DOMAINMarch 23, 2019
- CardinalPP7147Malus hupehensis named `Cardinal`PUBLIC DOMAINDecember 30, 2008
Botanically this is Malus. 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.