Patents Expiring in 2026–2028 — What's About to Enter the Public Domain

Patent expiration is the closest thing to a legal cheat code in business. When a patent's 20-year term ends, the invention enters the public domain — anyone can use it, build on it, or sell products based on it without permission or royalties.

Here's what's expiring soon and why it matters.

How patent expiration works

A US utility patent lasts 20 years from its earliest non-provisional filing date — provided maintenance fees are paid at years 3.5, 7.5, and 11.5. Miss a fee, and the patent expires early. After 20 years, it's done — no extensions, no renewals.

Key dates to watch:

• Filing date + 20 years = expiration (for utility patents)
• Grant date + 15 years = expiration (for design patents filed after May 2015)
• Missed maintenance fee = early expiration (check USPTO PAIR for fee status)

Notable patents expiring 2026–2028

Pharmaceuticals (the biggest opportunities)

Drug patents are the most valuable expirations because the FDA approval process creates a second barrier to entry — but once the patent expires, generic manufacturers can file ANDAs (Abbreviated New Drug Applications) and enter the market.

Several blockbuster biologics from the early 2000s are approaching patent cliff. The exact dates depend on patent term adjustments and pediatric exclusivity extensions, but the window is opening.

Electronics & computing

Early-2000s smartphone and computing patents are hitting their 20-year mark. This includes foundational touchscreen, wireless, and user interface patents filed between 2002–2006 — the era when the modern smartphone was being invented.

Manufacturing & materials

Patents on 3D printing processes (originally filed in the late 1990s/early 2000s), advanced composites, and battery chemistries are entering the public domain. This is particularly relevant for additive manufacturing startups.

How to find expiring patents in your field

1. Browse PatentBrief's Expiring Soon page — updated hourly, shows every patent in our database with an expiration date in the next 365 days.
2. Search by CPC class — find the classification code for your industry, then filter by filing date (20 years ago).
3. Check maintenance fee status on USPTO Patent Center — a patent might be listed as "active" but have lapsed fees.

What you can do with an expired patent

• Build the invention exactly as described — no license needed
• Improve it and patent your improvement (the original is free; your addition can be new IP)
• Sell products based on the expired patent — the invention is public domain
• Use it as prior art to challenge related patents that are still in force

The catch

Expired patents don't come with instructions, tooling, regulatory approvals, or brand recognition. The patent expiring means the legal monopoly ends — not that a business appears fully-formed. You still need to manufacture, get regulatory clearance (for drugs and medical devices), and build a market.

But for founders and engineers who can execute, patent expiration is a regularly scheduled opportunity to enter markets that were legally closed for two decades.

Check specific patent status on USPTO Patent Center before relying on expiration dates. PatentBrief's data is informational, not legal advice.