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The Patent Garden

Plant

Seedling rose No. 78-2R

1 US plant patent names this plant. 1 has expired, so that cultivar is free to propagate and sell.

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.

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.