Protection expired: what you can and cannot do
Plant breeders' rights have expired for 17,815 varieties, and for another 1,756 they will expire in 2026. This does not mean you can do whatever you want with them.
When the protection term expires, the variety enters the public domain: anyone is entitled to propagate it and sell its seeds without a license or royalties. That is where the list of what is now permitted ends.
What is permitted
Producing and selling seeds. Using the variety as a parent form without the former rights holder's permission. Applying for new varieties based on it.
What remains prohibited
Trading where there is no market authorization. Expired protection and market authorization are independent matters. If a variety has been removed from the national catalog, its seeds cannot be sold, regardless of how many years have passed since the protection expired.
Using someone else's trademark. A variety name and a trademark are different legal objects. A trademark follows its own rules and does not expire alongside a patent: it can be renewed indefinitely. The variety is free, but selling it under a well-known brand name may be prohibited.
Assuming data is complete. Protection is terminated prematurely more often than one might think: the rights holder stops paying fees, and the entry is closed years before the calculated date. Public records reflect this with a delay.
Where to check
In the "Protection expiring" section, varieties are grouped by year of expiration: the current year is usually the most sought-after. In 2026, the term expires for 1,756 varieties, the majority being maize (191), rose (91), and sugar beet (72).
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Growing experience and notes on the entry. Comments are not part of the reference data and are not verified against primary sources.