Plant
River birch
2 US plant patents name this plant. 1 has expired, so that cultivar is free to propagate and sell. The next of the 1 still protected comes off patent on October 19, 2043.
Still under patent — 1 cultivar
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Whit XXVIPP35912River birch tree named ‘Whit XXVI’UNDER PATENTOctober 19, 2043
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.
- WHIT XXVPP16573River birch tree named ‘WHIT XXV’PUBLIC DOMAINJanuary 17, 2025
Botanically this is Betula. 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.