This list reviews the patent status of some strawberry varieties of interest for New York growers. The patent status of a plant becomes relevant if one is considering propagating that plant for personal or commercial use. In this case, if you are considering growing out strawberry runners for use on your own farm, or for sale to others.

In this list, dayneutral, or everbearing, varieties marked with * are recommended for commercial production in New York. All listed short-day, or June bearing, varieties are recommended for commercial production in New York.

Dayneutral, everbearing. Can be propagated commercially

• Aromas – patent expired in 2016. Released by UC Davis (USA).
• *Everest – patent expired in 2018. Released by Edward Vinston (UK).
• Mara des bois – patent expired in 2011. Released by Jacques Marionnett (France).
• *Seascape – patent expired in 2010. Released by UC Davis.
• Tribute – no patent. Released by United States Department of Agriculture (USDA). High disease resistance to red stele, powdery mildew, verticillium wilt.
• Tristar – no patent. Released by United States Department of Agriculture (USDA). High disease resistance to red stele, powdery mildew, verticillium wilt..

Dayneutral, everbearing. Can’t be propagated commercially

• *Albion – patent expires in 2024. By UC Davis.
• Cabrillo – patent expires in 2035. By UC Davis.
• *Evie 2 – patent expires 2026. By Edward Vinston.
• *Monterey – patent expires in 2028. By UC Davis.
• Moxie – patent expires in 2040. By UC Davis.
• *Portola – patent expires in 202. By UC Davis.
• San Andreas – patent expires in 2028. By UC Davis.
• Royal Royce – patent expires in 2039. By UC Davis.
• Valiant – patent expires in 2038. By UC Davis.

June-bearing. Can be propagated commercially 

• Camarosa – patent expired in 2013. By UC Davis. Early season.  Highly susceptible to fusarium wilt crown rot.
• Darselect – patent expired in 2016. By Societe Civile Darbonne (France). Midseason.
• Darolyal – patent expired 2018. By Societe Civile Darbonne. Early season.
• Earliglow – patent expired 1995. By United States Department of Agriculture (USDA). Early season. Moderately resistant to red stele and verticillium wilt.
• Elsanta – patent expired 1995. By Plant Research International B.V. (Netherlands). Midseason.
• Flavorfest – no patent. By USDA. Midseason. Some resistance to anthracnose.
• Honeoye – patent expired in 1999. By CUAES. Early season. Sensitive to terbacil (Sinbar), susceptible to black root rot.
• Jewel – patent expired in 2005. By Cornell University Agricultural Experiment Station (CUAES). Midseason. Susceptible to many soilborne diseases.
• Ovation – no patent. By USDA. Late season. Adapted for annual plasticulture. Resistant to red stele and moderately resistant to anthracnose crown rot.
• Seneca. Patent expired in 2011. By CUAES. Midseason.
• Sparkle – patent expired in 1964. By Rutgers New Jersey Agricultural Experiment Station (NJAES). Late season.
• Sweet Charlie – patent expired in 2012. By Florida Foundation Seed Producers. Very early season.

June-bearing. Can’t be propagated commercially

• AC Valley Sunset – patent expires 2034. By Agriculture and Agri Food Canada.
• AC Wendy – patent expires 2025. By Agriculture and Agri Food Canada.
• Cabot – patent expires in May 2022. By Agriculture and Agri Food Canada.
• Clancy – patent expires in 2024. By NYSAES. Late season. Resistant to red stele.
• Dickens – patent expires in 2039. By NYSAES. Midseason. Resistant to powdery mildew, spider mites, and red stele.
• Galletta – patent expires 2028. By North Carolina Agricultural Research Service. Early season.
• Malwina – patent expires 2031. By Peter Stoppel (Germany). Late season. Resistant to verticillium wilt and red stele.

Any named variety will have its patent expire 20 years after it was issued in the United States. If you type “variety name” + “patent” into a search engine, you can often find the patent filing page that will provide you with this information.

How to propagate a variety that is patent-protected:

To obtain rights to propagate a patent-protected variety, contact the breeding program that released it.

UC Davis:

Patent-protected varieties as of 2022: Albion, Aromas, Cabrillo, Monterey, Portola, San Andreas, Rolls Royce, Valiant.

Contact Isaac Rainwater at (530) 304-6266.

Growers will pay a $300 one-time fee for rights to propagate the variety, and need to submit a report of sales twice a year. Growers will pay $9 per every 1,000 plants sold.

Cornell / NYSAES:

Patent-protected varieties as of 2022: L’Amour, Archer, Herriot, Clancy, Dickens

Contact Jessica Stein at (607) 227-1916.

Growers will pay $0.02 per every plant sold. Reporting annually.