“Protecting Inventions in Outer Space: Understanding the Loopholes and Guarding Against Them”

With the advent of space tourism and a booming space economy predicted to reach $1.8 trillion by the 2030s, the intersection of patent law and space law reveals significant loopholes. In an article published recently by IndustryWeek, Marshall Gerstein Patent Agent Qixuan “Vanessa” Wang explores the possibilities and limitations that come with the unique intersection of space and patents.

“The challenging environment of outer space bears limitations but also brings endless possibilities for innovation,” Vanessa explains. “However, just as space travelers need equipment unique to space, inventions created for outer space also need different patent strategies to minimize the risk.”

Territorial patent protections on Earth struggle to extend into outer space, leaving inventors vulnerable to infringement. Although treaties like the Outer Space Treaty and Registration Convention address jurisdiction, they fail to offer clear guidance on intellectual property rights in space.

“When creating rules for complicated areas, it is often difficult to foresee how those rules will fully interact with other complicated areas,” Vanessa writes in the article. “This can create unintended loopholes, especially when those areas diverge and develop rapidly. That is precisely what has happened at the intersection of patent law and space law.”

Though uncertainties still loom, understanding where the loopholes lie and strategically patenting can create an advantage in maximizing the protection for inventors.

Vanessa’s article is available in IndustryWeek here.