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The Patent Garden

When does this plant come off patent?

A US plant patent runs about twenty years, and then the cultivar is public domain — anyone may propagate and sell it. Plant patents carry no maintenance fees, so unlike other patents they cannot lapse early. But the exact date is not arithmetic: term adjustments and terminal disclaimers move it by as much as six years, and 445 of these patents end early because of a disclaimer — already free while a calculated date still says otherwise.

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Plant patents tracked
33,396
Already public domain
14,642
Coming off patent this year
904

Expiring in the next twelve months

See all 904 expiring within a year →

A patent expiring frees the plant, not the name. Knock Out® is still a live trademark; the plant is sold as Rosa ‘Radrazz’. We record 32,389 cultivar names of the 33,396 patents here.