Plant
Silene
6 US plant patents name this plant. 3 have expired, so those cultivars are free to propagate and sell. The next of the 3 still protected comes off patent on June 3, 2028.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- FireflyPP20041Silene plant named ‘Firefly’UNDER PATENTJune 3, 2028
- Sunshine n DaydreamsPP28434Silene plant named ‘Sunshine n Daydreams’UNDER PATENTApril 7, 2036
- Sil005PP36247Silene plant named ‘Sil005’UNDER PATENTFebruary 23, 2044
Already in the public domain — 3 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.
- Valley HighPP16064Silene dioica plant named ‘Valley High’PUBLIC DOMAINNovember 5, 2024
- Prairie FirePP15692Silene plant named ‘Prairie Fire’PUBLIC DOMAINApril 21, 2024
- Jade ValleyPP11459Silene dioica plant named `Jade Valley`PUBLIC DOMAINMay 5, 2018
Botanically this is Silene. 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.