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Houston,we have a problem...with patents - A legal analysis of the territorial scope of patents in space

Talja Peric, Emely LU (2024) HARN63 20241
Department of Business Law
Abstract
In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in... (More)
In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in space, because the commercialization in space
is increasing and there are huge investments in R&D’s which end up in new
great inventions that can benefit the public. The US is the only state with an
adapted patent law for space, but it is only applicable if the space object is
registered and launched in the US, and it does not protect against third-party
infringement. The absence of an international legislation for patents in space
makes the issue more difficult. It requires new solutions at national,
European, and international levels. Forums such as the WTO, WIPO, and UN
have the potential to address the question. However, there have been many
political deadlocks that will delay the negotiations. An international
agreement may be necessary for all states to join, preventing patent
infringement and promoting economic, national, and public interests. A
transparency and a drive to invent would have been beneficial, as there are
many advantages to the extending patent protection to space. Earth is
calling….for patents! (Less)
Popular Abstract
In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in... (More)
In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in space, because the commercialization in space
is increasing and there are huge investments in R&D’s which end up in new
great inventions that can benefit the public. The US is the only state with an
adapted patent law for space, but it is only applicable if the space object is
registered and launched in the US, and it does not protect against third-party
infringement. The absence of an international legislation for patents in space
makes the issue more difficult. It requires new solutions at national,
European, and international levels. Forums such as the WTO, WIPO, and UN
have the potential to address the question. However, there have been many
political deadlocks that will delay the negotiations. An international
agreement may be necessary for all states to join, preventing patent
infringement and promoting economic, national, and public interests. A
transparency and a drive to invent would have been beneficial, as there are
many advantages to the extending patent protection to space. Earth is
calling….for patents! (Less)
Please use this url to cite or link to this publication:
author
Talja Peric, Emely LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Patents, Space Law, Innovation, Res communis, Outer Space Treaty, Patent Infringement, Territoriality
language
English
id
9158627
date added to LUP
2024-06-11 09:40:28
date last changed
2024-06-11 09:40:28
@misc{9158627,
  abstract     = {{In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an 
inventor be protected against unauthorized use of a patented invention made 
in space? Patents are a national territorial exclusive right that is not applicable 
in space because there is no jurisdiction. The “Big Five” space treaties were 
established in the 1960’s and still apply today. According to the res communis 
principle, it is not possible to own something in space because space belongs 
to all mankind. Other interests in space that are prioritized are national 
security and sovereignty and public interest. There are good reasons for 
solving the patent problem in space, because the commercialization in space
is increasing and there are huge investments in R&D’s which end up in new 
great inventions that can benefit the public. The US is the only state with an 
adapted patent law for space, but it is only applicable if the space object is 
registered and launched in the US, and it does not protect against third-party 
infringement. The absence of an international legislation for patents in space 
makes the issue more difficult. It requires new solutions at national, 
European, and international levels. Forums such as the WTO, WIPO, and UN 
have the potential to address the question. However, there have been many 
political deadlocks that will delay the negotiations. An international 
agreement may be necessary for all states to join, preventing patent 
infringement and promoting economic, national, and public interests. A 
transparency and a drive to invent would have been beneficial, as there are 
many advantages to the extending patent protection to space. Earth is 
calling….for patents!}},
  author       = {{Talja Peric, Emely}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Houston,we have a problem...with patents - A legal analysis of the territorial scope of patents in space}},
  year         = {{2024}},
}