[shakna]

Licenses still apply post-expiry, in the US, Australia and a few other places.

It didn't use to be this way, but around the 80s the big precedents for this.

Most of the time, if you were a licensee before the expiry, then you continue to be so post-expiry. If however, you were not, then you have no existing contractual obligation, and can use it.

However it is something you need to consult a lawyer on, before making any decisions, because this area of law is more complicated than most, and is growing in complexity.

[femto]

Thanks. That makes sense, as a licensee signs a contract, so they will be governed by the terms of the contract, and the contract can presumably be written to outlast the patent. It suggests to me that when a patent expires then licensees are potentially disadvantaged compared to non-licensees. It highlights that one must make sure that licenses are written to terminate royalties on patent expiry, or think twice about licensing patents that are close to expiry.

[shakna]

Just to add:

Usually royalties do go down after expiry in contracts.

Contracts also usually cover a lot more: Support, documentation and other guarantees.

This means there's a few businesses out there, that even after patent expiry still choose to renew their license.