PATENT RIGHTS VS SPACE COMMONS

NEWS: Earth-centric intellectual property regimes conflict with the non-sovereign and collaborative nature of outer space, creating legal hurdles for jointly developing critical survival technologies on the Moon or Mars despite the need for multinational cooperation.

Existing patent framework incompatible with the legal and collaborative realities of outer space

• Spacefaring nations have universally adopted the jurisdiction-by-registration approach (Article VIII of the Outer Space Treaty, 1967 (OST)) to apply their national patent laws to activities and inventions in outer space.
• Patent laws operate on territoriality, granting rights only within specific national borders, while Article II of the 1967 Outer Space Treaty (OST) bans national sovereignty claims over celestial bodies
• Exclusivity of patents on survival technologies (e.g., life-support systems) may create de facto exclusion, conflicting with OST 1967’s principle that space benefits all humankind.
• Despite growing discussions on space-specific IP mechanisms, coordination remains uneven, and most states remain rule-takers, leaving ownership and enforcement unresolved.

Outer Space Treaty, 1967

• Fundamental legal framework governing all celestial activity, establishing principles of peaceful use, non-appropriation, and international cooperation to prevent conflict and ensure space benefits all humanity.
• Adopted by the United Nations (UN) in 1966, entered into force in 1967, and has more than 115 states parties