Inventions in Space

Despite the fact that space technology has long been one of the most advanced technical areas in the world, and outer space activities are, in fact, the fruit of intellectual creations, it is in recent years that intellectual property issues have risen in prominence in relation to extraterrestrial activities.
This shift is due to the transition from state-owned initiatives to private and commercial endeavors, and the increase in international cooperation in space activities, requiring a reliable international legal framework for space-related inventions protected by patents.

Applicability of patent law in space

Regarding inventions made and/or used in outer space, one of the issues frequently raised is the applicability of national/regional patent law in outer space. While patent protection is subject to territorial legal frameworks, according to international space law the state where a space object is registered retains jurisdiction over it. This raises the question of whether national intellectual property laws extend to objects registered and launched into outer space. In the absence of explicit international rules, under several international agreements concluded with respect to international space projects, registered space objects are treated as quasi-territory for the purposes of intellectual property. 

Uniformity of IP in outer space

The legal status of physical property such as spaceships and satellites in outer space has been a recurring topic in United Nations, bilateral and multilateral agreements, proclamations of nations and intergovernmental organizations, international commission initiatives, and studies by nongovernmental bodies. However, there has been no international consensus on the status of intangible property, such as intellectual property in outer space. The internationally recognized demarcation line between Earth and outer space remains the “Kármán Line”, set at 100 kilometers above Earth and could serve as a boundary for applying national laws – including patent laws - to space objects. However, this concept of demarcating Earth from outer space in terms of the applicability of national laws is not universally accepted. This raises questions about the uniformity and reliability of intellectual property protections as space activities become more international and collaborative.

International law, space and IP

As prescribed in Articles I and II of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty), the exploration and use of outer space for the benefit of mankind and the non-appropriation of outer space by any nation are fundamental principles under international space law. While recognizing the importance of intellectual property for the exploration of outer space and the further development of science and technology, questions have been raised as to whether the protection and enforcement of intellectual property rights may conflict with the said fundamental principles in terms of access to knowledge and information derived from space activities and in terms of the freedom of exploration and use of outer space. 
Another issue is the interpretation of Article 5ter of the Paris Convention for the Protection of Industrial Property, which provides for certain limitations of the exclusive rights conferred by a patent in the public interest in order to guarantee the freedom of transport (doctrine of temporary presence). The question is whether this doctrine applies to space objects, such as when transporting patented articles to or from a space station through a foreign country's launching site.

Future developments of IP in space

With multiple countries and private companies now engaging in space activities, the salience of intellectual property rights in outer space will increasingly become more prominent.
Although various public policy tools can attract private sector participation, intellectual property protection will play a key role in developing successful space business models involving public/private collaborations. Proactively addressing these issues ensures that space exploration and commercialization proceed smoothly, fostering innovation and economic growth. Well-defined intellectual property regulations will safeguard the interests of inventors and companies, encouraging further investment in space technologies in line with the principles establish by the Outer Space Treaty. This balanced approach will help maintain international cooperation, prevent conflicts, and support the sustainable and responsible development of space activities for future generations.

Find out more

Explore relevant resources on the topic of intellectual property in outer space.

WIPO

Tech transfer at NASA

Innovations in the exploration of outer space

Trademarks in Outer Space: supporting the off-world economy

Intellectual Property and Space Activities (PDF)

Meeting of Consultants on Inventions made or Used in Outer Space, March 6 and 7, 1997: Discussion paper by the International Bureau (PDF)

Other Intergovernmental Organizations

Others