Plant
Peony
10 US plant patents name this plant. 7 have expired, so those cultivars are free to propagate and sell. The next of the 3 still protected comes off patent on December 9, 2039.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- RTPIV 789-03PP32147Peony plant named ‘RTPIV 789-03’UNDER PATENTDecember 9, 2039
- RTPIV 849-01PP33909Peony plant named ‘RTPIV 849-01’UNDER PATENTJune 7, 2041
- RTPIV 849-04PP33910Peony plant named ‘RTPIV 849-04’UNDER PATENTJune 7, 2041
Already in the public domain — 7 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.
- Peony plantPP5718PUBLIC DOMAINJuly 30, 2004
- AmericaPP4246Peony plant named AmericaPUBLIC DOMAINMay 2, 1995
- Coral CharmPP4247Peony plant named Coral CharmPUBLIC DOMAINMay 2, 1995
- Cheddar GoldPP4248Peony named Cheddar GoldPUBLIC DOMAINMay 2, 1995
- Bridal IcingPP4249Peony plant named Bridal IcingPUBLIC DOMAINMay 2, 1995
- My Pal RudyPP4233Peony plant named My Pal RudyPUBLIC DOMAINApril 4, 1995
- whopperPP4234Peony named whopperPUBLIC DOMAINApril 4, 1995
Botanically this is Paeonia. 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.