Plant
Tea rose
6 US plant patents name this plant. 5 have expired, so those cultivars are free to propagate and sell. The next of the 1 still protected comes off patent on September 22, 2043.
Still under patent — 1 cultivar
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- ALTsecretPP36097Tea rose plant named ‘ALTsecret’UNDER PATENTSeptember 22, 2043
Already in the public domain — 5 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.
- DevilkPP7888Tea rose named DevilkPUBLIC DOMAINNovember 19, 2010
- DevninaPP7895Tea rose named DevninaPUBLIC DOMAINNovember 19, 2010
- Lady LibertyPP6142White tea rose named Lady LibertyPUBLIC DOMAINMarch 26, 2006
- JelraflokiPP5635Tea rose named JelraflokiPUBLIC DOMAINMay 15, 2004
- TobonePP5633Tea rose named TobonePUBLIC DOMAINMarch 26, 2004
Botanically this is Rosa. 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.