Plant
Oenothera
6 US plant patents name this plant. 3 have expired, so those cultivars are free to propagate and sell. The next of the 3 still protected comes off patent on November 2, 2027.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- ShimmerPP19663Oenothera plant named ‘Shimmer’UNDER PATENTNovember 2, 2027
- UNG OEN01PP25429Oenothera plant named ‘UNG OEN01’UNDER PATENTAugust 24, 2033
- Evening SunPP35065Oenothera plant named ‘Evening Sun’UNDER PATENTOctober 3, 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.
- LISHALPP18402Oenothera plant named ‘LISHAL’PUBLIC DOMAINAugust 12, 2026
- TURNER01PP17230Oenothera plant named ‘TURNER01’PUBLIC DOMAINMay 27, 2025
- INNOENO131PP16393Oenothera plant named ‘INNOENO131’PUBLIC DOMAINJanuary 9, 2025
Botanically this is Oenothera. 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.