Plant

Peppermint

3 US plant patents name this plant. 1 has expired, so that cultivar is free to propagate and sell. The next of the 2 still protected comes off patent on May 18, 2036.

Still under patent — 2 cultivars

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

PendletonPP28700Peppermint plant named ‘Pendleton’UNDER PATENTMay 18, 2036
PalisadePP35037Peppermint plant named ‘Palisade’UNDER PATENTSeptember 30, 2041

Already in the public domain — 1 cultivar

Most recently freed first. Anyone may propagate and sell this plant — though the name it is sold under may still be a live trademark.

PranjalPP14090Peppermint plant named ‘Pranjal’PUBLIC DOMAINFebruary 16, 2021

Botanically this is Mentha. 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.