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The Patent Garden

Plant

Poinsettia

546 US plant patents name this plant. 357 have expired, so those cultivars are free to propagate and sell. The next of the 189 still protected comes off patent on November 1, 2026.

Still under patent — 189 cultivars

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

Already in the public domain — 357 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 Euphorbia. 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.