list of hydrangeas that are not patented

14 years ago

Hi there everyone: Is there anyone who would happen to have or know where to find a list of hydrangeas that are not patented. I am looking for hydrangeas I can propagate legally and sell if that is possible. Is there such a hydrangea??? I am assuming as long as the patent has run out, it is okay to do this.

Any comments on this are greatly appreciated.

Thanks, Flowersnhens

Featured Answer

Jeff Hughes

4 years ago

Public Domain, Free to Propagate Hydrangeas

Alice Zone: 5 – 9
All Summer Beauty Zone: 5 – 9
Annabelle Zone: 4 – 9
Bluebird Zone: 5 – 9
Blue Billow Hydrangea Serrata ‘Blue Billow’ Zone 6-10.
Blue Prince (or ‘Blauer Prinz’), zone 6-9
Blue Wave, zone 5-9
Blaumeister
Blaumeise zone 5-9 Hydrangea macrophylla ‘Blaumeise’ BLUE TITMOUSE
Chantilly Lace Zone: 3 – 8
Climbing hydrangea, hydrangea anomala petiolaris (climbing hydrangea), zone 5-9
David Ramsey Zone: 6 – 9
Diadem Zone: 5 – 9
Deutzia ‘Pride of Rochester’ Zone: 4a – 7b
Deutzia strawberry fields Zone: 5 – 8
Dooley Zone: 6 – 9
Emile Mouillere ’Madame Emile Mouillere’ Zone: 5 – 9
Forever Pink Zone: 6 – 9
Glowing Embers, zone 7-9
Hydrangea villosa, (purple lacecap) zone 7-9
Japonica Coerulea Zone 6 to 9
kiyosumi Zone: 6 -8
kurohime Zone: 6 -9
Liebegg
Leuchtfeuer Hydrangea Macrophylla ‘LEUCHTFEUER’ Zone: 5 – 7
Mariesii Variegata Lacecap Hydrangea Zone: 5 -9
Masja Hydrangea ‘Masja’ macrophylla Zones 5-9
Merritt’s Supreme ‘Merritt’s Beauty’ Zone: 7 – 9
Miranda Hydrangea anomala subsp. petiolaris ‘Miranda’ Zone: 4 – 8
Miyama-yae-murasaki Hydrangea serrata Zone: 7 -9
Munchkin Hydrangea quercifolia ‘Munchkin’ Zone: 5-9
Nightingale Hydrangea macrophylla ‘Nightingale’ Zone 6 -10
Nikko Blue Zone: 5 -9
Oakleaf Zone: 5 -9
Oregon Pride
Pee Wee Zone: 5 – 9
Penny Mac Zone: 5 -9
Phantom Panicle Hydrangea Zone: 4 -8
Pink Diamond Hydrangea paniculata ‘Interhydia’ Zone: 3 to 8
Purple Prince, zone 6-9 I can’t actually vouch for this one. Andrea Bichsel
Ruby Slippers Hydrangea quercifolia ‘Ruby Slippers’ Zone: 5- 9
Schenkenberg Hydrangea Macrophylla Schenkenberg Zone 5-9
Sikes Dwarf Hydrangea quercifolia ‘Sike’s Dwarf’ Zone: 5 to 9
Silver Dollar Hydrangea paniculata ‘Silver Dollar’ zones 3- 8
Snowflake Hydrangea quercifolia Oakleaf ‘Snowflake’ Zone: 5a-9a
Snow Queen Oakleaf Hydrangea quercifolia ‘Snow Queen’ Zone: 5-9
Starburst Hydrangea arborescens ‘Hayes Starburst’ Zone: 4- 8 similar to Annabelle more open, lace like, very long-lasting
Tardiva Hydrangea ‘Tardiva’ (H.paniculata) Zones: 4-8
Tiara Hydrangea serrata Mountain Hydrangea ‘Tiara’ Zone 6-10.
Unique Hydrangea paniculata Zones: 3-8
White Moth panicle hydrangea Zone: 3-8
WildensteinNikko Blue
All Summer Beauty
Annabelle
Oakleaf
Forever Pink
Blue Bird
Oregon Pride, Tardiva, Ruby Slippers, Pink Diamond, Phantom, Silver Dollar, All Summer Beauty, Chantilly Lace, Liebegg, Blaumeister, Nikko Blue, Wildenstein, Schenkenberg, Penny Mac and Merritt’s Supreme.
Emile Malure. Spelling problem.. Unique, Varigated Mariesii,.
Masja, Nightingale, Dooley to the macrophylla list.
Pee Wee, Snowflake, Snowqueen, Munchkin, Sikes Dwarf, Alice .. Oakleaf Hydrangea list.
serrata ‘Blue Billow’ plus’White Moth’. SerratasTiara,kurohime, diadem, kiyosumi,blue bird, Miranda, Miyama-yae-murasaki, Blue Billow,Macrophylla Leuchtfeuer, Blaumeise,David Ramsey,
Japonica Coerulea
Blue Wave, zone 5-9
Hydrangea villosa, zone 7-9 (purple lacecap)
Glowing Embers, zone 7-9
Climbing hydrangea, hydrangea anomala petiolaris (climbing hydrangea), zone 5-9
Blue Prince (or ‘Blauer Prinz’), zone 6-9
“Starburst” is an old German arborescens, similar to Annabelle, but more open and lace like, very long-lasting. Propagates like Annabelle,

Comments (8)

gardengal48 (PNW Z8/9)
14 years ago
Lots easier to provide a list of those that ARE patented :-) It's shorter! Remember that many patented plants are not sold under their patent name but rather under a trademarked name, which is usually quite different. The patent name will be contained in single quotes like any other cultivar but a trademarked name will not be. And trademarks have a longer lifespan than a patent - indefinitely for a trademark but only 20 years for a patent (17 years if before 1995). So even if the patent has expired, you cannot legally call any plants you propagate by their trademarked name. No trademark, you're OK. (i.e. 'Lemon Daddy'...although still under patent)

You'll have to do some research to find trademarked names for many of these. If you can't find a trademark name and the patent name is wierd or a number, chances are good the plant has not been marketed yet.

Reading this over it, sounds unnecessarily confusing....does any of this make sense?

Here is a link that might be useful: patented hydrangeas
ego45
14 years ago
'...does any of this make sense?'

Yes, at least to me :-))
Question, while asexual propagation of a patented plant is prohibited, could be plants grown from the seeds of the patented cultivar be sold under the same name?

Not that I'm trying to go into business of growing hydrangeas from seeds, but just out of curiosity...

...and by the way in one particular, shady and wet location, my 'Limelight' seeds like crazy :-))
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For informational purposes: Profit has nothing to do with whether it's illegal to propagate patented plants. It's even every bit as illegal to propagate a patented plant for your own personal use and from a plant you already own, as it is to propagate one for commercial sale. The law makes it clear that your purpose or intent is irrelevant. If you want to legally obtain one of the cultivars mentioned, you need to either buy commercially produced plants (whether or not they are "preowned", as Denise seemed to be talking about) OR get permission form the patent holder to propagate your own plants.
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gardengal48 (PNW Z8/9)
14 years ago
That's a good question, George, and I'm not sure I know the answer :-) What I do know is that few named forms of any plant come true from seed or are identical to the parent. And generally when the seed is sold commercially, it is sold as a "seed strain" rather than by the specific cultivar name for that reason. But I am more familiar with this with respect to perennials. Not too many woody plants seem to be started from seed unless by hobby gardeners just for the heck of it -- takes too long to get to a salable size.
Lauren Davis
4 years ago
Jeff, where did you find this list?
Tim Wood
4 years ago
If you go to HydrangeasPlus https://www.hydrangeasplus.com/category-s/110.htm most all the Hydrangeas they sell are non-patented varieties. The few patented plants they sell have a (TM) or (R) behind the name. They are a good company that sells true to name plants which is hard to find.
oohla
3 years ago
mikes backyard nursery has a list in one of his blogs. it might be the same as the one above.
thanks for the list that is here. it certainly has helped me.
HU-853976570
last year
This should be updated. As far as records show, Limelight hydrangea is now public domain. The patent expired in April 2021. However, I could not find if the trademark was registered at all and "live"... the USPTO Trademark search (TESS) isn't returning anything specifically for Limelight (Zwijnenberg).

There are other cultivars that are named similarly (e. g. "Limelight Prime") and they're still patent protected and live registered trademark as of this posting.

list of hydrangeas that are not patented

Jeff Hughes

Comments (8)

gardengal48 (PNW Z8/9)

ego45

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gardengal48 (PNW Z8/9)

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oohla

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