Plant
Phormium
18 US plant patents name this plant. 2 have expired, so those cultivars are free to propagate and sell. The next of the 16 still protected comes off patent on October 3, 2026.
Still under patent — 16 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- PHORD1PP18865Phormium tenax plant named ‘PHORD1’UNDER PATENTOctober 3, 2026
- PHOS2PP20249Phormium tenax Plant Named ‘PHOS2’UNDER PATENTFebruary 22, 2027
- JubileePP19059Phormium plant named ‘Jubilee’UNDER PATENTMay 21, 2027
- Ruby TuesdayPP19440Phormium plant named ‘Ruby Tuesday’UNDER PATENTAugust 27, 2027
- FIT01PP20451Variety of Phormium plant named ‘FIT01’UNDER PATENTOctober 31, 2027
- PHOS3PP20943Phormium tenax plant named ‘PHOS3’UNDER PATENTDecember 7, 2027
- TayaPP20335Phormium Plant Named ‘Taya’UNDER PATENTJuly 10, 2028
- Electric Black LightPP21462Phormium plant named ‘Electric Black Light’UNDER PATENTJuly 18, 2029
- MoonrakerPP21954Phormium plant named ‘Moonraker’UNDER PATENTMarch 17, 2030
- ChocomintPP21977Phormium plant named ‘Chocomint’UNDER PATENTMarch 17, 2030
- BLONDIEPP24399Phormium plant named ‘BLONDIE’UNDER PATENTOctober 17, 2032
- JokerPP25571Phormium plant named ‘Joker’UNDER PATENTNovember 2, 2033
- TridentPP25597Phormium plant named ‘Trident’UNDER PATENTNovember 7, 2033
- PKFJTB18PP35121Phormium plant named ‘PKFJTB18’UNDER PATENTAugust 15, 2042
- KFPHPM18PP36180Phormium plant named ‘KFPHPM18’UNDER PATENTNovember 14, 2043
- PHOS6PP36448Phormium plant named ‘PHOS6’UNDER PATENTMarch 29, 2044
Already in the public domain — 2 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.
- TWISTED SISTERPP18131Phormium plant named ‘TWISTED SISTER’PUBLIC DOMAINFebruary 25, 2026
- MerlotPP14228Phormium plant named ‘Merlot’PUBLIC DOMAINJuly 31, 2022
Botanically this is Phormium. 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.