Analytics and Reports, Global Small Arms Analytics, US Small Arms Market Analytics

The Uncaged Markets: A Strategic Analysis of 20 Expired Firearm Patents and Their Economic Impact

This report presents a strategic analysis of 20 key patent expirations within the firearms industry and the subsequent creation of massive, multi-billion dollar market opportunities. The central finding is unambiguous: in the firearms sector, the expiration of foundational intellectual property (IP) is the single greatest catalyst for market expansion, platform standardization, and ecosystem development.

The end of a patent’s term does not merely introduce competition; it frequently transforms a single, proprietary product into a public, open-standard platform. This transformation uncages a torrent of innovation and investment from new market entrants, including direct “clone” manufacturers, high-end custom builders, and, most significantly, a tertiary market for parts and accessories. The resulting “clone” and “accessory” markets, built upon the expired IP, often eclipse the original patent holder’s monopoly in both unit volume and total market value.

This analysis identifies and models the revenue generated by these newly created markets. The findings demonstrate that the true economic value of a foundational invention is often realized not during its 17- or 20-year protected term, but in the century that follows, as it becomes an open standard upon which an entire industry builds.

Summary Table: Top 20 Patent Expiration Market Events

Rank/CategoryInvention / PlatformKey Patent(s) & InventorApprox. ExpirationMarket ImpactEstimated Market Value Generated (Post-Expiration)
I: Modern Platforms
1AR-15 “MSR” PlatformUS 2,951,424 1; E. Stoner1977 2Ended Colt’s monopoly; created the “Modern Sporting Rifle” (MSR) market and a multi-billion dollar accessory ecosystem.3Rifles: ~$1.3B+ annually.4 Accessories: ~$7.6B+ annually.5 Over 30.7M MSRs in circulation.6
2“Glock-Pattern” PistolUS 4,539,889 7; G. Glock2002 7Created a massive “clone” (PSA, Shadow Systems) and aftermarket parts (slides, triggers, frames) market based on the Gen 3 standard.8Accessories Market: ~$8.29B+.10 New entrants (e.g., Ruger RXM) show $M+ in new revenue.11
31911 Pistol PlatformUS 984,519 12; J.M. Browning1928 12The original “clone” market. Created a 90+ year, multi-tiered market (budget to custom) with dozens of manufacturers.13~$100M – $200M+ annually (Proxy from major mfrs: Kimber [$58.6M rev]15; Springfield [258k pistols]16).
II: Foundational Patents
4Bored-Through CylinderUS 12,648 17; Rollin White1869 18Broke S&W’s monopoly; unlocked the entire US cartridge revolver market. Enabled Colt and all competitors to enter.19Incalculable. The entire late 19th-century American firearms market (Colt SAA, etc.) was the result.
5Mauser M98 Bolt-ActionVarious (e.g., US 249,967 21); P. Mauser~1918Became the de facto standard for all modern bolt-action rifles.22 Created the modern sporting/hunting rifle market.23Tens of billions (cumulative). Enabled the Winchester M70 24, Remington 700 25, and 100+ years of sporting rifles.
6Tilting Barrel LockupUS 580,924 26; J.M. Browning1914Became the universal operating system for 99% of modern semi-auto handguns (Glock, SIG, S&W, etc.).27The entire modern handgun market. ~$3.4B+ annually (45% of $7.6B market 5). 9.8M units (US 2022).6
7Detachable Box MagazineUS 221,328 29; James Paris Lee1896Became the global standard for repeating firearms.30 Created the “magazine” as its own high-margin accessory category.30Incalculable. The foundation of the entire firearm and accessory market (e.s., Magpul).
8Remington 870 Pump-ActionUS 2,645,873 31; Crittendon et al.~1970Easy-to-manufacture design 32 was cloned by foreign state-owned factories (e.g., Norinco) for the budget market.33Hundreds of millions in low-cost shotgun imports, creating a new market tier.
9Firearm SuppressorUS 958,935 34; Hiram Percy Maxim~1927Established the suppressor concept.35 The market opportunity lay dormant for 70+ years due to the 1934 NFA.~$100M – $200M+ annually. A modern market created by technical (post-patent) and regulatory (NFA trust) evolution.
10Henry Lever-ActionUS 30,446 36; B.T. Henry1877 36Expired patent (held by Winchester) allowed competitors (e.g., Marlin) to enter the lever-action market.37The 19th-century lever-action market and the modern multi-million dollar “nostalgia” market (Henry, Uberti).38
11Winchester ’73 Toggle-LinkVarious (c. 1870s) 39~1890Forced innovation. Expiration of the (weaker) toggle-link 40 forced Winchester to hire Browning to design a superior (and newly patented) action.Market opportunity was not to clone, but to innovate and obsolete the expired IP, creating the 1886/1894 market.
12Colt Revolver (Percussion)US 9430X 41; Samuel Colt1857 20Ended Colt’s 21-year monopoly on the revolver. Enabled competitors (Remington) to enter the percussion market for the Civil War.Market was immediately rendered near-obsolete by the next patent (Rollin White’s cartridge cylinder).20
13Anson & Deeley Boxlock1875 British Patent 42~1892“Simply copied far and wide”.42 Became the dominant, simple, and reliable action for double-barrel shotguns worldwide.Billions (cumulative). The standard for 130+ years, from $500 imports to $100,000 “Best Guns.”
14STI “2011” PistolGrip Module Patents 432016 43A recent event. Ended STI/Staccato’s monopoly, creating the “mass-market 2011” category (e.g., Springfield Prodigy).44~$100M+ annually (emerging). Has dramatically expanded the total 2011 market by creating a sub-$2,000 price point.
15Telescoping Bolt (SMG)Uzi/Sa. 23 Patents (1950s)~1970sBolt-over-barrel, mag-in-grip design 45 became the global standard for compact SMGs (e.g., MAC-10 46, MP5K 47).The entire global military/LE SMG market from 1975 to present (tens of billions, cumulative).
III: Subsystems & IP Strategy
16Picatinny RailMIL-STD-1913 (Public Domain) 481995 (N/A)Not a patent. A public standard that created a universal interface, de-risking R&D for all accessory makers.49Created the modern ~$7.6B+ accessory market.5 The largest market opportunity, created by the absence of IP.
17M-LOK Accessory SystemMagpul (Free License) 51N/AStrategic IP. Defeated its “open source” rival (KeyMod) by enforcing QC via a free license.52Billions in accessory sales, enabled by controlling the standard (and passing SOCOM tests 54) to create a huge market for its own products.
18KeyMod Accessory SystemVLTOR (Public Domain) 51N/AStrategic Failure. “Open source” model led to no QC, product failures (67% drop test fail 55), and total market collapse.52Negative Market Opportunity. Destroyed its own market and ceded the entire “negative space” accessory market to M-LOK.56
IV: Counter-Examples
19AK-47 PlatformN/A (Soviet Design) 57N/AProliferation without Patent. Market created by Soviet policy of giving data packages to allies (e.g., China, Poland).58Global, multi-billion dollar market. 100M+ units in circulation 59, making it the most proliferated rifle in history.
20“Deringer” PistolN/A (Unpatented) 60N/ATrademark Genericide. Competitors copied the unpatented design 60 and misspelled the name to avoid trademark suits.61Created a new firearm category (“derringer”) 61, a market that continues today (e.t., Bond Arms 63).

Part I: The “Big Three” Modern Platforms — Creating the Clone Ecosystems

The most significant economic impacts of the modern era (1970-Present) involve the expiration of patents for an entire firearm platform. These events did not just create simple, 1:1 “clones.” They established a dominant, open-source technical standard, or “ecosystem,” for a whole category of firearm. This uncaged a multi-tiered, multi-billion dollar market composed of (1) direct clone manufacturers, (2) high-end custom builders, and (3) a vast, symbiotic aftermarket for standardized, interchangeable parts.

Case Study 1: The AR-15 / MSR (Stoner’s Gas System)

  • Invention: “Gas operated bolt and carrier system” (Direct Gas Impingement).1
  • Key Patent(s) & Inventor: US 2,951,424, filed 1956, granted 1960.1 Inventor: Eugene Stoner (assigned to ArmaLite, then sold to Colt).3
  • Patent Expiration: September 1977.1

Post-Expiration Market Impact:

The 1977 expiration of Stoner’s foundational patent legally terminated Colt’s exclusive domestic manufacturing rights for the AR-15’s core operating system.2 However, the “massive market opportunity” did not fully materialize for another 27 years. This patent’s history is a critical case study in how patent expiration (a legal event) and regulatory changes (a political event) can interact.

The 1977 expiration was a necessary but not sufficient condition for the market explosion. A nascent “clone” market began to form, but it was abruptly suppressed by the 1994 Federal Assault Weapons Ban (AWB).2 This ban restricted the sale of the AR-15 and its derivatives to civilians for a decade.

The true catalyst was the expiration of the AWB in 2004. This event uncaged a decade of pent-up demand. Critically, because the core AR-15 patents were long-expired, hundreds of new manufacturers were able to immediately tool up and produce rifles based on the now-public-domain “mil-spec” standard. This transformed the AR-15 from a product (made by Colt) into a platform (made by the entire industry), which the National Shooting Sports Foundation (NSSF) successfully re-branded as the “Modern Sporting Rifle” (MSR).3

This created a two-sided market:

  1. The Rifle Market: A flood of new manufacturers (e.g., Daniel Defense, Bravo Company, Ruger, Smith & Wesson) entered, competing with Colt on price, features, and quality.67
  2. The Accessory Ecosystem: The platform’s modularity, now an open standard, created a non-co-dependent, multi-billion dollar market for interchangeable components: handguards, triggers, stocks, barrels, bolt carrier groups, etc..5

Revenue Generated (Post-Expiration):

The total market value generated by this expired patent is the largest in firearms history.

  • Rifle Market Value: The global AR-15 series rifle market was valued at $1.3 billion in 2023 and is projected to reach $2.2 billion by 2032.4
  • Unit Volume: As of 2022, the NSSF estimates over 30.7 million MSRs are in circulation in the U.S. alone, up from 28.1 million in 2021.6
  • Company-Specific Revenue: The growth for new entrants has been exponential. Between 2019 and 2021, Ruger’s MSR revenue nearly tripled from $39 million to $103 million, and Daniel Defense’s revenue tripled from $40 million to $120 million.67 A 2022 House investigation found that five major manufacturers generated over $1 billion in MSR revenue in the preceding 10-year span.68
  • Accessory Market Value: The “Gun and Accessories Market,” which is dominated by MSR-compatible accessories, was valued at $7.6 billion in 2024.5

Case Study 2: The “Glock-Pattern” Pistol (Striker-Fired Polymer Frame)

  • Invention: The polymer-framed, striker-fired “Safe Action” pistol.7
  • Key Patent(s) & Inventor: US 4,539,889 (“Automatic Pistol”), filed 1983, granted 1985.7 Inventor: Gaston Glock.
  • Patent Expiration: September 2002.7 This and other foundational patents covering the Generation 1, 2, and 3 designs expired, opening the market.9

Post-Expiration Market Impact:

The expiration of Glock’s foundational patents, particularly those covering the Generation 3 (Gen 3) model, created a “Glock-pattern” ecosystem that directly mirrors the AR-15.9 Glock’s design, which is carried by over 60% of US law enforcement 76 and is a top seller in the civilian market 77, established a massive, proven installed base. The patent expirations allowed competitors to build products compatible with this de facto standard.78

This uncaged three distinct tiers of market opportunity:

  1. Direct Clones: Budget-focused, 1:1 compatible copies, most notably the Palmetto State Armory (PSA) Dagger.8
  2. “Gucci Glocks”: High-end, “factory-upgraded” clones that offer enhanced ergonomics, optics-ready slides, and premium triggers (e.g., Shadow Systems 8, ZEV Technologies 81, Lone Wolf 8).
  3. Aftermarket Parts: A massive ecosystem for slides, barrels, triggers, and 80% frames (e.g., Polymer80 82), all based on the un-patented Gen 3 parts-compatibility standard.82

Revenue Generated (Post-Expiration):

The Glock-pattern market is one of the most dynamic segments of the industry.

  • Glock (Baseline): The original patent holder remains a dominant force. In 2021, Glock GmbH reported a pre-tax profit of €262.7 million (approx. $280 million) 85 and (in 2020) produced 445,442 pistols in the US.86
  • Clone/Parts Market: This fragmented market is a dominant sub-segment of the total “Shooting and Gun Accessories” market, estimated at $8.29 billion in 2024.10 The intense search interest for “glock slide parts” and “glock trigger parts” confirms a robust, consumer-driven demand for these aftermarket components.83
  • New Entrant Revenue (Proxy): The entry of major public companies validates the market size. Ruger’s 2024 launch of the “RXM” pistol, a Glock-pattern clone, was a strategic move to capture this market. Ruger’s financials reported that Q4 2024 was “driven by high demand for the company’s new 9mm RXM pistol” 11, demonstrating the creation of a new, multi-million dollar product line from scratch, based entirely on Glock’s expired IP.

This market is symbiotic. The clones (like the $319 PSA Dagger 76) put price pressure on Glock, but they also reinforce the Glock Gen 3 design as the dominant industry standard.9 This expands the total “Glock-pattern” pie, fueling the high-margin accessory market 84 and making Glock’s expired patent the “operating system” for the modern polymer handgun.

Case Study 3: The 1911 Pistol (Browning’s Recoil-Operated Action)

  • Invention: Recoil-operated, locked-breech, magazine-fed semi-automatic pistol.87
  • Key Patent(s) & Inventor: US 984,519 (“Firearm”), filed 1910, granted February 14, 1911.12 Inventor: John Moses Browning (assigned to Colt).89
  • Patent Expiration: February 1928.12

Post-Expiration Market Impact:

This is the original clone market, and its longevity is its most remarkable feature. After 1928, manufacturers globally were free to copy the 1911 design. While Colt remained the primary producer for military contracts 20, the patent expiration allowed other entities (like Kongsberg in Norway) to produce licensed and unlicensed copies.13

Today, over 113 years after its invention and 96 years after its patent expired, the 1911 platform is a thriving, multi-tiered market with dozens of manufacturers.14 The market has stratified to serve every possible customer, based on a single, public-domain design:

  • Budget Imports: (e.g., Rock Island Armory 14, Taurus 91, Tisas 91).
  • Mid-Range Production: (e.g., Springfield Armory 14, Kimber 15, Ruger 91).
  • High-End / Custom: (e.g., Nighthawk Custom 44, Wilson Combat 14, Ed Brown 14, Les Baer 93).

Revenue Generated (Post-Expiration):

The 1911 market is a mature, nine-figure annual market.

  • Company Revenue (Proxy): We can estimate the market size by analyzing companies built on the 1911. Kimber Manufacturing, whose brand is almost synonymous with the 1911, has estimated revenues of $58.6 million 15 and produced 294,750 firearms in 2021.94 Springfield Armory, another major 1911 producer 95, produced 258,101 pistols in 2022 16 (a large portion of which are 1911s or 1911-inspired designs). The high-end custom market, with pistols costing $5,000+ (e.g., Nighthawk Sand Hawk at $5,199 44), represents a high-margin segment.

The 1911’s post-expiration success demonstrates that a patent’s expiration is not an end-of-life event but the beginning of its life as an immortal standard. The market opportunity is not in the (expired) IP, but in manufacturing excellence and brand differentiation built upon that standard. The platform is so robust that it continues to be the basis for new innovation, such as the now-popular 9mm double-stack “2011” variants.96

Part II: Foundational 19th & 20th Century Patents — Forging the Industry

This section analyzes “legacy” patents whose expirations were categorical in their impact. They did not just create clone markets; they unlocked the fundamental building blocks of all modern firearms, allowing for the creation of entire new product categories and establishing the technical baselines for the next 150 years.

Case Study 4: The Cartridge Revolver (Rollin White’s Bored-Through Cylinder)

  • Invention: “Bored-through” revolver cylinder, allowing self-contained metallic cartridges to be loaded from the rear.17
  • Key Patent(s) & Inventor: US 12,648, granted April 3, 1855.17 Inventor: Rollin White.
  • Patent Expiration: December 11, 1869.18

Post-Expiration Market Impact:

This is arguably the most dramatic and consequential “patent cliff” in firearms history. Smith & Wesson (S&W) held an exclusive license for White’s patent.17 This patent, while covering a technically “unworkable” firearm design, contained the critical “bored-through cylinder” claim.19 S&W’s legal team used this monopoly to prevent all domestic competitors, including the industry giant Colt, from manufacturing cartridge-firing revolvers.19

This monopoly effectively froze the entire US handgun industry during the Civil War, forcing competitors to create bizarre and inefficient “workarounds” (e.g., Plant’s front-loading “teat” cartridges 98) or face litigation, which S&W pursued aggressively.19

The instant the patent expired on December 11, 1869 (after White was denied an extension 18), the dam broke. The entire industry, led by a long-frustrated Colt, was unleashed.20 This single event ignited the development of the iconic “Wild West” sidearm (e.g., the Colt Single Action Army “Peacemaker,” the S&W Model 3, and countless others). Dozens of companies (American Standard Tool, Ailing, Deringer) immediately began producing modern cartridge revolvers.98

Revenue Generated (Post-Expiration):

  • Pre-Expiration: S&W earned over $1 million from the 14-year monopoly. Rollin White himself earned only $71,000 in royalties (at 25 cents per gun).17
  • Post-Expiration: The market opportunity was total. The value generated was, in effect, the entire late 19th-century American revolver market, worth many hundreds of millions of dollars. This case is the ultimate example of a suppressive patent, where the economic value unlocked by its expiration (for the public and competitors) was exponentially greater than the value captured by the original patent holder during its term.

Case Study 5: The Bolt-Action Rifle (Paul Mauser’s M98 Action)

  • Invention: The Mauser Model 1898 “turnbolt” action, featuring controlled-round feed, a strong claw extractor, and dual-opposing forward locking lugs.25
  • Key Patent(s) & Inventor: Various German and US patents (e.g., US 249,967 21), culminating in the Gewehr 98 design.101 Inventor: Paul Mauser.
  • Patent Expiration: The core patents filed in the late 1890s expired in the 1910s (e.g., by ~1918).

Post-Expiration Market Impact:

The Mauser 98 action was adopted by the German military in 1898 and proved itself to be the most robust, reliable, and well-designed bolt-action of its time.101 Its patent expirations, combined with the massive surplus of military actions after WWI, allowed it to become the de facto global standard for all bolt-action rifle design.22

This patent’s expiration created the modern sporting and hunting rifle market as we know it.23 Virtually every major 20th-century manufacturer created their own “sporter” rifles based on the Mauser design.23

  • The Winchester Model 70, “The Rifleman’s Rifle,” is a direct, post-expiration derivative, celebrated for its M98-style controlled-round feed (CRF) and claw extractor.24
  • The Remington Model 700, while a “push feed” (a simplification for cost), is still a direct descendant of the M98’s turnbolt layout.102
  • The Springfield M1903 was so similar that the US government was reportedly forced to pay patent royalties to Mauser.104

Revenue Generated (Post-Expiration):

The entire 20th and 21st-century bolt-action sporting rifle market is the result. This market, comprised of sales from Winchester, Remington, Ruger 102, Savage, and countless others over 100+ years, is valued in the tens of billions of dollars. This demonstrates how an expired military patent can create a civilian market that is far more durable and profitable, outliving its original military service life by decades.

Case Study 6: The Modern Pistol (Browning’s Tilting Barrel Action)

  • Invention: The short-recoil, tilting-barrel, locked-breech mechanism, where the barrel “cams” up and down via a shaped lug (or link) to lock into the slide.27
  • Key Patent(s) & Inventor: Foundational patents US 580,924 (filed 1896, granted 1897) 26 and subsequent improvements in the Hi-Power design.27 Inventor: John Moses Browning.
  • Patent Expiration: The foundational 1897 patent expired in 1914.

Post-Expiration Market Impact:

This is the single most important patent expiration in handgun history. Browning’s tilting barrel design (in both its 1911 “link” and Hi-Power “cam” forms) is the dominant action for almost every modern centerfire semi-automatic pistol.28

Its expiration made it a universal standard or “public domain engine.” Every major handgun manufacturer today—Glock 28, SIG Sauer (P320/P365), Smith & Wesson (M&P), Springfield Armory (Hellcat 27, Echelon 27), and hundreds more—uses a variation of the “Browning action”.28 It is simple, strong, and economical to manufacture.106

Revenue Generated (Post-Expiration):

The revenue generated is, without exaggeration, the entire modern handgun market.

  • The total “Gun and Accessories Market” is $7.6B (2024), with handguns accounting for 45% of sales (approx. $3.42 billion).5
  • In 2023, the U.S. market produced ~9.7 million firearms, with 9mm pistols (overwhelmingly Browning-action) accounting for 60% of all pistol production.107 In 2022, 9.87 million handguns were made available for sale in the US.6
    The patent’s expiration was so total that the design is no longer perceived as “Browning’s”; it is simply how a pistol works. The market opportunity was not in “cloning,” but in every competitor saving millions in R&D by using this expired, proven, and free operating system as the engine for all new designs.

Case Study 7: The Detachable Box Magazine (James Paris Lee)

  • Invention: The vertical, center-feeding, detachable, spring-loaded box magazine.29
  • Key Patent(s) & Inventor: US 221,328, granted November 4, 1879.29 Inventor: James Paris Lee.
  • Patent Expiration: 1896 (based on 17-year term).

Post-Expiration Market Impact:

Lee’s patent was revolutionary.108 It solved the critical safety problem of cartridge detonations in the “tubular” magazines of the day (like the Henry and Winchester ’73) and allowed for rapid reloading with any number of cartridges.30 While initially used in the Remington-Lee and Lee-Enfield rifles 108, its 1896 expiration allowed this concept to become the global standard for all repeating firearms, including rifles, pistols, and machine guns.

Revenue Generated (Post-Expiration):

The value is incalculable, as it covers nearly every magazine-fed firearm sold in the last 120 years. More importantly, this patent’s expiration separated the magazine from the gun. This allowed the magazine to become its own product category. This standardization (e.g., the AR-15 STANAG magazine) created a new market opportunity: selling better magazines for other people’s guns. This is the “massive market opportunity” that modern companies like Magpul exploited to become a dominant, billion-dollar force in the accessories market.

Case Study 8: The Pump-Action Shotgun (Remington 870)

  • Invention: A simplified, reliable pump-action shotgun designed explicitly for low-cost mass production.32
  • Key Patent(s) & Inventor: US 2,645,873 (filed 1950) 31; US 2,675,638 (fire control).111 Inventors: L. Ray Crittendon, Phillip Haskell, et al..32
  • Patent Expiration: ~1970 (based on 17-year term from 1953 grant).

Post-Expiration Market Impact:

The Remington 870 (with over 11 million built) 32 was designed specifically to be cheaper to manufacture than its high-quality, hand-fitted rival, the Winchester Model 12.32 This “Design for Manufacturing” (DFM) gave Remington a 17-year protected monopoly on the most efficient pump-action design.

When its patents expired around 1970, this ease of manufacturing made it a prime target for foreign “cloning.” Manufacturers, most notably state-owned Norinco in China, began producing 1:1 copies (e.g., Norinco Hawk 870) at a fraction of the price.32 This created an entirely new “budget” tier in the pump-action market.

Revenue Generated (Post-Expiration):

The “market opportunity” was for low-cost international manufacturers to access the US market by “cloning” a proven, reliable, and—most importantly—easy-to-produce design. This market is worth hundreds of millions in sales, all based on the expired 870 IP. This case demonstrates the strategic risk of DFM: the very feature that gave the 870 its domestic market advantage (low production cost) also made it the perfect target for foreign cloning post-expiration. Remington had, in effect, done the R&D for its future competitors.33

Case Study 9: The Suppressor (Hiram Percy Maxim)

  • Invention: The “Maxim Silencer,” the first commercially successful firearm sound suppressor.35
  • Key Patent(s) & Inventor: US 916,885 and US 958,935 (granted 1909-1910).34 Inventor: Hiram Percy Maxim.114
  • Patent Expiration: ~1926-1927.

Post-Expiration Market Impact:

Maxim’s patent (which used “vortex” vanes to slow gas 35) established the concept and the commercial market for firearm suppression.115 Its expiration allowed other inventors to develop superior, baffle-based designs (which are now the standard) without infringing on the foundational (and now expired) concept.

However, this is a case where patent law was superseded by regulatory law. The “market opportunity” created by the 1927 patent expiration was almost immediately destroyed by the National Firearms Act (NFA) of 1934. The NFA placed a $200 tax (equivalent to over $4,500 in 2024) on suppressors, effectively killing the civilian market for 70 years.

Revenue Generated (Post-Expiration):

The modern, multi-hundred-million-dollar suppressor market is the result. This market only became commercially viable in the 21st century, as streamlined NFA processes (e.g., NFA trusts) and a surge in market demand finally allowed the “uncaged” technical opportunity from 1927 to be exploited. This shows that legal and regulatory frameworks can be a far more powerful barrier to market entry than a patent.

Case Study 10: The Repeating Lever-Action (Benjamin Tyler Henry)

  • Invention: The Henry 1860 repeating rifle, featuring a toggle-link lever-action mechanism and tubular magazine.38
  • Key Patent(s) & Inventor: US 30,446 (granted Oct 16, 1860).36 Inventor: Benjamin Tyler Henry.
  • Patent Expiration: October 1877.36

Post-Expiration Market Impact:

Henry’s patent was the foundation of the New Haven Arms Company, which Oliver Winchester reorganized into the Winchester Repeating Arms Company.37 This patent gave Winchester a near-monopoly on the lever-action design. The 1877 expiration allowed competitors, most notably Marlin, to enter the lever-action market, solidifying it as the dominant American rifle design of the late 19th century.

Revenue Generated (Post-Expiration):

The entire “Wild West” firearm market, shared by Winchester and its post-1877 competitors, was built on this IP. Today, the “lever-action” market is a multi-million dollar “nostalgia” segment, with modern reproductions made by a new Henry Repeating Arms (a modern company using the name) and A. Uberti.38

  • Invention: The “toggle-link” action that defined the Winchester Model 1873, “The Gun That Won the West”.39
  • Key Patent(s) & Inventor: Various Winchester patents filed in the 1870s.
  • Patent Expiration: ~1890-1893.

Post-Expiration Market Impact:

This case demonstrates a different kind of market opportunity: forced innovation. The 1873’s toggle-link action 40 was relatively weak and could not handle more powerful rifle cartridges. As its patents neared expiration, Winchester (which owned the patents) faced a new threat: competitors could soon copy the ’73, and new, stronger designs were emerging.

Revenue Generated (Post-Expiration):

The “market opportunity” here was not to clone the ’73, but to innovate and replace it. The expiration of the ’73 patent forced Winchester to hire John Moses Browning to design a superior (and newly patented) action. This resulted in the vastly stronger, vertically-locking Winchester 1886 and 1894 designs.117 The expiration of the old IP directly catalyzed the R&D investment that created the new, more profitable IP, securing Winchester’s market dominance for another 50 years.

Case Study 12: The Revolver (Samuel Colt)

  • Invention: The practical, mass-produced revolving-chamber firearm.118
  • Key Patent(s) & Inventor: US Patent 9430X (1836).41 Inventor: Samuel Colt.
  • Patent Expiration: 1857 (after a 7-year extension).17

Post-Expiration Market Impact:

Colt’s 1836 patent gave him a 21-year monopoly on the revolver in the US.41 When the patent finally expired in 1857, competitors (e.g., Remington, Starr, Whitney) flooded the market with their own percussion revolver designs. This created the competitive revolver market that supplied the American Civil War.

Revenue Generated (Post-Expiration):

This case is a critical lesson in technological timing. The market opportunity from Colt’s 1857 expiration (for percussion revolvers) was almost stillborn. Why? Because Rollin White’s patent for the cartridge revolver (Case Study 4) had been granted in 1855.17 Just as the market for percussion guns was uncaged, S&W re-caged it with the next generation of technology.20 This demonstrates that a patent’s expiration only creates an opportunity if the underlying technology has not already been rendered obsolete by a new patent.

Case Study 13: The “Boxlock” Shotgun (Anson & Deeley)

  • Invention: The Anson & Deeley “Body Action” or “Boxlock” shotgun action.42
  • Key Patent(s) & Inventor: British Patent (1875). Inventors: William Anson and John Deeley (for Westley Richards).42
  • Patent Expiration: ~1892 (based on 17-year term).

Post-Expiration Market Impact:

This 1875 patent described a “hammerless” shotgun action where the lock mechanism was mounted inside the receiver “box” rather than on external “side plates.” This design was simpler, more robust, and more economical to produce. It was licensed to many gunmakers, but after its expiration, it was “simply copied far and wide”.42

Revenue Generated (Post-Expiration):

The Boxlock design became, and remains, the dominant action type for double-barreled shotguns. The vast majority of the 20th and 21st-century double-barrel shotgun market, from $500 imports to $100,000 “Best Guns,” is based on this expired patent. The total cumulative value is in the billions of dollars over its 130-year post-patent life.

Case Study 14: The “2011” Pistol (STI’s Double-Stack 1911)

  • Invention: A modular, double-stack polymer frame/grip for 1911-style pistols.43
  • Key Patent(s) & Inventor: STI International patents (e.g., on the modular grip module).
  • Patent Expiration: 2016.43

Post-Expiration Market Impact:

This is a very recent and ongoing market event. For 20+ years, STI (now Staccato) held a protected monopoly on their “2011” platform, which dominated the high-end competition market. The 2016 expiration of their key grip module patent 43 allowed new competitors to enter the “2011” space.

This has created a new “mass-market 2011” category. Companies like Springfield Armory (with the Prodigy) and OA Defense (with the 2311) 44 are now producing 2011-style pistols at a sub-$2,000 price point, a segment that did not exist under STI’s monopoly.

Revenue Generated (Post-Expiration):

This is a new, emerging market worth tens, and soon to be hundreds, of millions annually. The patent expiration has dramatically expanded the total “2011” market pie, bringing the platform to a new mass-market audience that Staccato (with its $2,500+ pistols) did not serve.44

Case Study 15: The Telescoping Bolt (Uzi / Sa. 23)

  • Invention: The “telescoping bolt,” where the bolt wraps around the breech end of the barrel, combined with a magazine-in-grip layout.45
  • Key Patent(s) & Inventor: Patented by Uziel Gal (Uzi, 1950s) 45 and/or the Czechs (Sa. 23, 1948).
  • Patent Expiration: ~1970s.

Post-Expiration Market Impact:

This design (telescoping bolt + mag-in-grip) is the fundamental layout of almost every modern submachine gun (SMG) and machine pistol.45 It allows a long, heavy bolt (for reliable blowback operation) to be packaged in an extremely compact firearm. Its patent expirations allowed this design to be replicated and improved by all major manufacturers.

Revenue Generated (Post-Expiration):

The entire global military/LE SMG market from ~1975 to the present, worth tens of billions, is based on this open-standard design. The Ingram MAC-10 46, the H&K MP5K 47, and countless others are direct technical descendants. The MAC-10, designed by Gordon Ingram in 1964 46 (likely after studying the Uzi/Sa. 23), is a direct, low-cost American “clone” of this concept, purpose-built for mass production.

Part III: Subsystems, Accessories, and Strategic IP

This section analyzes the economic impact of IP related to subsystems and accessories. These cases show that the “market opportunity” is often not the firearm itself, but the standard that allows an ecosystem to be built around the firearm. This section also explores how IP strategy itself—Public Domain vs. Controlled License—can determine market success or failure.

Case Study 16: The Accessory Rail (MIL-STD-1913 “Picatinny Rail”)

  • Invention: A standardized, MIL-STD mounting rail (a “Weaver” rail with a wider, deeper slot and specific, repeatable spacing).48
  • Key Patent(s) & Inventor: This is not a patent but a military standard (MIL-STD-1913) adopted on February 3, 1995, and placed in the public domain.48
  • Patent Expiration: N/A (Public Domain from inception).

Post-Expiration Market Impact:

The adoption of a public standard by Picatinny Arsenal was a windfall for the firearms industry.50 It created a universal interface for all accessories: scopes, lights, lasers, IR illuminators, and foregrips.48

This standardization de-risked R&D for the entire accessory industry. Before 1995, accessory makers had to bet on a proprietary or non-standard Weaver rail.48 After 1995, an accessory maker (e.g., Surefire, EOTech) could design one product (a light, a sight) and be guaranteed it would fit every rifle, pistol, and shotgun that adopted the standard.48

Revenue Generated (Post-Expiration):

The Picatinny rail created the modern, multi-billion dollar tactical accessory market. The “Gun and Accessories Market” ($7.6B in 2024 5) is almost entirely predicated on this standard. This case proves that public standardization (the opposite of a patent) can create the largest market opportunity of all by unlocking the innovation of the entire industry, rather than siloing it with one company.

Case Study 17: M-LOK (Magpul’s “Free License” Strategy)

  • Invention: “Modular Lock” system (M-LOK), a “negative space” attachment system to replace the Picatinny rail.51
  • Key Patent(s) & Inventor: Magpul. Offered via a “free license,” not released to public domain.51
  • Patent Expiration: N/A (Active IP, strategic licensing).

Post-Expiration Market Impact:

This is a modern IP strategy case study. In the 2010s, two systems vied to replace the heavy Picatinny rail: KeyMod and M-LOK.51 Magpul employed a “free license” strategy: any manufacturer could use the M-LOK standard for free, provided they signed a license and adhered to Magpul’s (controlled) technical specifications.52

Revenue Generated (Post-Expiration):

Magpul’s “market opportunity” was not in licensing fees, but in controlling the new standard. By ensuring all M-LOK products (from third-party rail makers) were high-quality and interoperable, M-LOK passed US SOCOM validation tests where KeyMod failed.54 The market (military and civilian) rapidly adopted M-LOK as the new, dominant standard.56 This, in turn, ensured that Magpul’s own high-margin M-LOK accessories (grips, panels, light mounts) would have the largest possible customer base. The revenue is in the billions in accessory sales, all enabled by this “free” (but controlled) IP.

Case Study 18: KeyMod (The “Open Source” Failure)

  • Invention: KeyMod, an “open-source, public domain” mounting system developed by VLTOR and Noveske (2012).51
  • Key Patent(s) & Inventor: N/A (Public Domain).51
  • Patent Expiration: N/A.

Post-Expiration Market Impact:

This is the counter-example to M-LOK and a critical lesson. KeyMod was released into the “public domain,” meaning no license and no quality control.51 The market was immediately flooded with cheap, out-of-spec accessories.52 Because there was no standard to enforce, many KeyMod accessories failed to mount properly or securely.

When US SOCOM tested M-LOK vs. KeyMod, KeyMod “was only successful 33 percent of the time at keeping accessories mounted” during drop tests.55

Revenue Generated (Post-Expiration):

Negative market opportunity. The lack of IP control destroyed the standard’s brand, reliability, and market viability. This case, when contrasted with M-LOK, provides a profound strategic lesson: “Free License” (which enforces quality) is a superior market-building strategy to “Open Source” (which invites chaos). Magpul created a massive market opportunity by controlling its IP, while KeyMod destroyed its opportunity by abandoning it.

Part IV: Counter-Examples — Proliferation Without Patents & Strategic Dead Ends

This section analyzes crucial counter-examples where “massive market opportunities” were created by the absence of patent protection from the start, or where a patent’s expiration was irrelevant due to technological obsolescence.

Case Study 19: The AK-47 (Mikhail Kalashnikov’s Unpatented Design)

  • Invention: The Avtomat Kalashnikova (1947).57
  • Key Patent(s) & Inventor: None (effectively). As a Soviet-era design, it was not protected by Western-style patents.58
  • Patent Expiration: N/A.

Post-Expiration Market Impact:

The AK-47’s market was created not by patent expiration, but by strategic proliferation. The Soviet Union gave the design and complete manufacturing “data packages” to allied states (e.g., China, Poland, Egypt, etc.) as a tool of foreign policy.57

After the fall of the Soviet Union, these state-run factories (like Norinco in China 59 and Cugir in Romania) turned to the global civilian market to generate revenue. This created the largest rifle market in the world, with an estimated 100 million+ units produced.57

Revenue Generated (Post-Expiration):

The “market opportunity” is a global, multi-billion dollar “grey” and “black” market 124, plus a massive US civilian market for “AK-pattern” rifles, parts, and accessories. The lack of IP protection is what created the 100-million-unit market, making it the most proliferated firearm in history.57

Case Study 20: The “Deringer” (Henry Deringer’s Genericized Trademark)

  • Invention: The Philadelphia Deringer, a large-bore, concealable pocket pistol (1825).61
  • Key Patent(s) & Inventor: Henry Deringer did not patent his design.60
  • Patent Expiration: N/A.

Post-Expiration Market Impact:

Because the design was unpatented, competitors immediately began making copies.60 Deringer’s only protection was his trademark (“Deringer Philadela”).62 Competitors famously (and ingeniously) misspelled the name “Derringer” (with two ‘R’s) to avoid trademark infringement.61 This led to a landmark trademark lawsuit, Deringer v. Plate, which Deringer won.60

Revenue Generated (Post-Expiration):

The “market opportunity” was created by trademark genericide. The term “Derringer” became a genericized trademark (like Kleenex or Aspirin) 61, and it now describes any pocket pistol of that style (e.g., the Remington Double Derringer, Bond Arms).63 The opportunity was the creation of an entire category of firearm, named after the man who failed to protect its IP.

Bonus Case Study: The M1 Garand (A Strategic Dead End)

  • Invention: “U.S. Rifle, Caliber.30, M1”.127
  • Key Patent(s) & Inventor: US 1,892,141 (filed 1930).128 Inventor: John C. Garand.
  • Patent Expiration: December 1949.128

Post-Expiration Market Impact:

None. This is the strategic dead end and the perfect control variable for this entire report.

The M1 Garand’s core design—its “en bloc” clip system 129—was a technological dead end. It was complex, expensive to manufacture, and clumsy to top off.131 The patent expired in 1949.128 At this exact moment, the market had already moved on to:

  1. The detachable box magazine (Case Study 7).30
  2. The intermediate cartridge and stamped receiver (Case Study 19, AK-47, designed 1947).123

No manufacturer in 1950 (or today) would ever choose to “clone” the M1’s complex, obsolete “en bloc” system.130 This case serves as the perfect control. It proves that a “massive market opportunity” is not automatic. It is a function of a simple formula:

Market Opportunity = (Expired Patent) x (Market Desirability) x (Manufacturing Viability)

For the M1 Garand, the “Market Desirability” was zero. Therefore, its expiration created no opportunity.

Appendix: Analytical Methodology for Patent Impact and Revenue Estimation

This appendix details the formal, four-phase methodology employed to conduct the preceding analysis and generate revenue estimations.

1.0 Methodology Overview

This report’s methodology is a quantitative-qualitative hybrid designed to estimate the economic impact of patent expirations. This is a complex task, as financial data is largely proprietary 132 and a single, sufficient economic theory for patent valuation remains elusive.133 The methodology is based on standard industry analysis practices 134, patent valuation principles 135, and predictive modeling informed by analogous markets (e.g., pharmaceuticals).136 The process involves four phases: Patent Identification, Market Opportunity Filtering, Post-Expiration Impact Analysis, and Revenue Estimation Modeling.

2.0 Phase I: Patent Identification and Validation

  1. Database Search: Identification of key patents using professional and public databases, including the USPTO, Google Patents, and Espacenet.113
  2. Classification: Filtering searches by US Patent Classification (e.g., Class 42 for firearms) 113 and by keywords for foundational technologies (e.g., “gas operated,” “tilting barrel,” “detachable magazine”).
  3. Expiration Calculation: Determining the patent’s “Expired – Lifetime” status. This is a critical legal checkpoint.
  • Pre-1995 Patents: The term was 17 years from the grant date. (e.g., Stoner’s US 2,951,424, granted 1960 + 17 years = 1977 expiration).1
  • Post-1995 Patents: The term is 20 years from the earliest filing date.
  • This analysis was confirmed using USPTO records and patent-file histories.138 This report prioritizes foundational utility patents over design patents.

3.0 Phase II: Market Opportunity Filtering Criteria

A simple patent expiration is not sufficient to be included in this report.140 The event must be filtered for “Massive Market Opportunities”.142 To qualify, the expiration must meet at least three of the following five criteria:

  1. Creation of a “Clone” Market: Direct, 1:1 copies (or legally distinct but functionally identical copies) produced by new, un-licensed competitors (e.g., the Glock “clone” market 8).
  2. Creation of an “Ecosystem”: A platform is established, enabling a tertiary market for interchangeable, un-licensed aftermarket parts (e.g., the MSR / AR-15 market 69).
  3. Adoption as a De Facto Standard: The expired patent’s core technology becomes the assumed industry standard for an entire product category (e.g., Browning’s tilting barrel 28).
  4. Significant Price Compression & Market Share Loss: The entry of “generic” competitors leads to rapid price drops and/or significant market-share loss for the original patent holder (e.g., models from the pharmaceutical “patent cliff”).136
  5. Unlocking a “Suppressed” Market: The patent was a bottleneck that actively prevented an entire industry’s technological or commercial progression (e.g., the Rollin White patent 19).

4.0 Phase III: Post-Expiration Market Analysis

  1. New Entrant Mapping: Identifying and listing the new corporate entrants that emerged to exploit the public domain IP (e.g., for 1911s: Kimber, Springfield, RIA, etc. 14).
  2. Market Share Analysis: Modeling the “patent cliff” effect. In the pharmaceutical industry, brand-name drugs can lose 90% of their market share within two years of generic entry.142 While brand loyalty is stronger in firearms, this model is used to frame the immediate competitive threat.
  3. Ecosystem Value Assessment: Analyzing the secondary (clone) and tertiary (accessory) markets. In this industry, the tertiary market is often more valuable than the primary “clone” market (e.g., the AR-15 accessory market vs. the rifle market).5

5.0 Phase IV: Revenue Estimation Modeling

Estimating the “revenue generated” by an expired patent is the most complex task, as this data is not directly reported. A proxy-based model is required.132 This methodology estimates the Total Market Value Unlocked (TMVU) by the patent’s expiration.

TMVU = R-clone + R-accessory + R-standard

  1. Revenue from Clones (R-clone):
  • Top-Down Market Sizing: Using verified industry reports (e.g., NSSF, Fortune Business Insights 5) to define the total market size for the product category (e.g., “AR 15 Series Rifles Market” = $1.3B).4 This entire market is the R-clone value.
  • Bottom-Up (Public Companies): Analyzing public company filings (e.g., Sturm, Ruger; Smith & Wesson) for revenue in the specific “clone” category (e.g., Ruger’s $103M from MSRs in 2021 67) or new product lines (e.g., Ruger’s RXM pistol).11
  1. Revenue from Accessories (R-accessory):
  • Estimating the total market size for relevant accessories (e.g., “Shooting and Gun Accessories Market” = $8.29B).10
  • A percentage of this market is then attributed to the specific platform (e.g., a large % of the $8.29B market is M-LOK or AR-15 parts 69). This is a qualitative assessment based on the platform’s market dominance.
  1. Revenue from Standardization (R-standard):
  • This is a qualitative measure of the value generated when a patent becomes an industry standard (e.g., Browning Tilting Barrel 28). The revenue here is the entire modern handgun market ($3.4B+) 5, as all competitors’ R&D costs are reduced by not having to invent a new (and likely inferior) locking system.
  1. Limitations and Confidence:
  • This methodology relies on public data and market reports, which are themselves estimates.147
  • It is often difficult to separate the “clone” market from the original patent holder’s sales (e.g., Glock also participates in the “Glock-pattern” market).
  • The goal of this model is not to provide an exact financial figure, but a defensible, order-of-magnitude estimate (e.g., “a multi-billion dollar market”) grounded in documented evidence.134

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