“Navigating Timelines and Technology: Patent Strategies for Space and Earth”
April 23, 2026As innovation pushes beyond Earth and into space, traditional patent strategies are being tested in ways many companies haven’t begun to explore. In a recent Engineering News-Record (ENR) article, Marshall Gerstein attorneys Kate Nuehring Su and Vanessa Wang examine how evolving technologies, longer development timelines, and jurisdictional uncertainty are reshaping how organizations should approach intellectual property protection.
“For innovators developing space technologies... Patent protection must be secured early, even though commercial use in space may be years away,” the authors explain. “The solution lies in a bifurcated, or dual-environment, claim strategy. Rather than limiting patent claims to space-based applications, sophisticated patent drafting broadens protection to include terrestrial uses whenever feasible. This supports immediate commercialization on Earth while preserving rights for opportunities that may emerge as the space industry matures.”
The article offers a practical reminder: as timelines stretch and technologies evolve, patent strategy cannot be an afterthought. It must be built to keep pace with both innovation and uncertainty.
Read the article in Engineering-News Record.