Patented names are legally valid cultivar names, which isn't an ideal situation because it can cause confusion. They would not be eligible for AHS awards though. The idea of the ICRAs (International Cultivar Registration Authorities), which for Hemerocallis is the AHS, is to avoid duplication of names by registration but unfortunately they can't keep track of all patents etc. In an ideal world the patented ones would be registered as well.
Cross-posted, sorry Jay
