Skip to content
PatentBrief

Data report · 2026

The state of expiring patents

Every year, landmark inventions lose their patent protection and become free for anyone to build on, manufacture, and improve. Here's what entered — and is entering — the public domain, drawn from the 838 most consequential US patents we track.

271

landmark US patents already in the public domain — free to use without a license

32%

of the 838 landmark patents we track have entered the public domain

3

more enter the public domain during 2026, including foundational biotech and social-media inventions

Why it matters

Expiry is when a patent gives back

A US utility patent lasts 20 years from its filing date. When it expires, the invention enters the public domain: anyone can make, use, sell, and build on it without permission or a license. Expiry is the bargain at the heart of the patent system — a temporary monopoly in exchange for permanently teaching the world how something works. The patents reaching that point now were filed around the turn of the millennium, which means foundational internet, mobile, and biotech inventions are coming free.

Entering the public domain in 2026

The landmark patents expiring this year

Ranked by how often later patents cite them — a proxy for influence. Each links to a plain-English explanation of what it covers.

RNA containing modified nucleosides and methods of use thereof
US 8278036 · expires 2026-08-21
322
citations
Dynamically providing a news feed about a user of a social network
US 7669123 · expires 2026-08-11
231
citations
Method and apparatus of secure authentication and electronic payment through mobile communication tool
US 7577616 · expires 2026-09-18
17
citations

The long arc

When today's public-domain patents were granted

The 271 landmark patents now in the public domain, by the decade they were granted. The wave crests in the late 20th century — the inventions that defined modern computing and medicine are now free.

1870s2
1880s2
1890s1
1900s9
1910s16
1920s12
1930s18
1940s14
1950s25
1960s33
1970s48
1980s31
1990s33
2000s21
2010s6

Methodology & data

Figures are drawn from PatentBrief's curated corpus of 838 landmark US patents — not the full US patent system — which is what makes them about consequential inventions rather than averages. A patent is counted as public domain when its status is expired or its expiration date (20 years from filing) has passed. Counts update daily. The underlying data is open: public-domain.json, patents.json, and the developer endpoints.

Browse public-domain patents →Just expired →