Plant
Spruce
4 US plant patents name this plant. 1 has expired, so that cultivar is free to propagate and sell. The next of the 3 still protected comes off patent on March 19, 2027.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Blue DiamondPP19550Blue spruce tree named ‘Blue Diamond’UNDER PATENTMarch 19, 2027
- WesterveltPP29825White spruce tree named ‘Westervelt’UNDER PATENTDecember 27, 2036
- Charlie J. NickelPP31657White spruce tree named ‘Charlie J. Nickel’UNDER PATENTMarch 1, 2039
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.
- Baby BlueyesPP5457Blue spruce tree "Baby Blueyes" varietyPUBLIC DOMAINSeptember 19, 2003
Botanically this is Picea. 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.