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The Patent Garden

Plant

Pistachio

20 US plant patents name this plant. 8 have expired, so those cultivars are free to propagate and sell. The next of the 12 still protected comes off patent on December 4, 2033.

Still under patent — 12 cultivars

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

Already in the public domain — 8 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.

Botanically this is Pistacia. 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.