Rethinking IP Rights in the Age of Space Innovations

As humans venture further into outer space – whether for science, commerce, or future colonisation – intellectual property law is entering uncharted territory. The key question being asked is no longer just “what can we invent?” but increasingly, “who owns the rights to innovations in space?”

The existing IP system, originally designed to govern terrestrial technology, encounters significant challenges when applied to space-related innovations. This creates uncertainties for companies seeking to enter the space industry, hindering their ability to navigate the complex landscape of space IP rights.

Boom in Space Innovation and Commercial Investment

In the last 10-15 years, the number of astronautical patent applications filed worldwide have more than doubled, reflecting the significant investment in space programs. In 2019 alone, USD 5.7 billion was invested in space programs, while commercial space revenues surpassed USD 330 billion. This growth is driven in part by lower barriers to entry, thanks to launch providers like SpaceX, Blue Origin, Gilmour Space Technologies, and other emerging players that are making space more accessible and affordable.

The Challenge of Enforcing Patents Beyond Earth

Enforcing IP rights in space is particularly complex. When an invention goes to space aboard a space station or satellite, the question of which nation’s laws to apply becomes uncertain. The answer usually depends on the registration country of the spacecraft, but this model is rapidly becoming outdated, especially as multinational crews and cross-border R&D become the norm. The situation becomes even more complex when international crews and innovative equipment are developed across multiple countries.

Further complications arise from the innovations created in space. The unique conditions created by the lack of gravity can produce new industrial processes not achievable on our home planet. This, in turn, raises issues regarding patentable subject matter and whether terrestrial considerations are applicable to space-borne invention. Satellites produce large amounts of earth observation data and are of high commercial value, but who owns this data? The issue of the ownership of such information remains unresolved, particularly when it is collected over territory without the owner’s consent.

Private companies operating in space also face unique IP challenges. Protecting trade secrets in confined, shared environments is difficult. Similarly, trademarks encounter new challenges when used in space commerce or in media on Earth that can be observed from space. The international community will now have to work harder at crafting strong IP regimes that promote incentive innovation while ensuring that space benefits everyone. This will necessitate an unprecedented level of cooperation among the increasingly busy spacefaring nations and parties.

The Outer Space Treaty and its Gaps

The 1967 Outer Space Treaty provides the foundational legal framework for space activities, declaring that outer space is the “province of all mankind”, but nevertheless permits nations to maintain jurisdiction over their registered objects. This creates an intricate legal structure where territorially based IP laws operate, for the most part, in a non-territorial context.

The “province of all mankind” principle implies:

Equality in space exploration: All countries, regardless of their economic or scientific development, have equal access to outer space.
No national appropriation: No nation can claim ownership of any part of outer space through occupation or use.
Peaceful use of space: Space should be used for peaceful purposes only, prohibiting the placement of weapons of mass destruction in orbit or on celestial bodies.

The Limits of Terrestrial IP Law

IP rights are territorial by nature. Conventional IP coverage stops as soon as the issuing country ends. Patents that are issued in the United States, for example, are not protected in space, on the Moon, or on Mars unless additional legal frameworks reach them. This territorial limitation leaves great exposure to risk for those innovating outside of the Earth.

Such international agreements as the Paris Convention and the TRIPS Agreement have sought to standardise IP coverage worldwide but are nonetheless silent with respect to the extraterrestrial application of those agreements. One such example of a working model is the International Space Station (ISS) and its Intergovernmental Agreement, which states that IP laws of each partner nation are applicable in their modules. But such a model becomes cumbersome when there are larger, more complicated space ventures that cross between nations and involve private companies.

Emerging Strategies for Space IP Protection

Several approaches have emerged to address these territorial challenges:

Contractual Frameworks: Partners in space projects are placing even greater emphasis on having legal agreements which clearly specify ownership of IP, rights to use the IP, and mechanisms to resolve any disagreement. These contracts practically establish a private legal system which does away with territorial limitations by stipulating the terms are effective in any place at all.

Registration-Based Jurisdiction: One way for countries to protect their spacecraft is to apply the IP laws of the country to their registered spacecraft. These companies choose where they want to file their space objects, much like flags of convenience in shipping law. This approach, while pragmatic, raises concerns about regulatory forum shopping.

Patent Filing Strategies: The forward-looking parties are now using global patent filing strategy and protect themselves in all spacefaring countries and prospective launching states to have a wider protecting net. This is expensive but it reduces the risks of exploitation.

International Protocols: WIPO and UNCOPUOS are developing specialised protocols for space-specific IP concerns. These seek to harmonise standards for the protection, enforcement and licensing of space-generated IP.

Cross-Border Collaboration: IP in Joint Missions

Space projects are inherently cross-border in nature, making IP management even more complex. Conflicts can arise when researchers from various nations work together on ISS experiments – and the question of “who owns what” becomes ever-more convoluted. The conflict and challenges stem from the varying intellectual property systems across different jurisdictions.

The data collected by Earth observation satellites also poses an issue. Since those satellites travel through several countries’ airspace, the issue becomes which laws apply to the data gathered and any inventions that come from it. The concept of ‘freedom of remote sensing’ is contrary to the ambitions of countries wanting to regulate data collected on their territories.

With lunar missions, Mars exploration, and orbital manufacturing on the horizon, we may need entirely new legal frameworks – not just Earth laws extended into space. Solutions cover the spectrum, from simply extending the operation of Earth laws into outer space, to developing autonomous space IP regimes that accommodate the specific needs and constraints imposed by alien environments.

With the accelerating proliferation of private investment in space activities, it is more urgent than ever to fashion clear and consistent methods of protecting IP beyond our atmosphere. The global community must balance the need to incentivise innovation with principles of equity, ensuring that space development benefits all of humanity while also providing fair protection to the agencies driving exploration.

Practical Strategies for Protecting Innovations in Space Technology

Protecting patentable subject matter in space-related inventions requires careful consideration due to the unique technical, legal, and operational challenges of the space industry.

Below are the top 10 considerations for protecting innovations, which take into account the principles for protecting innovations on earth and how these need to be extended to also protect innovations developed or operated extra-territorially, either in earth orbit or deep into the solar system:

Define Patentable Subject Matter Clearly: Make sure that the invention is patentable (i.e. Novel, non-obvious and has industrial application). Space technologies, such as photonics-based sensors or propulsion, must demonstrate a specific technical advancement, such as a novel method for lasers to communicate with satellites, under patent laws based on jurisdiction.
Account for Prior Art from Government R&D: Make it a habit to regularly search for prior art, because space advances draw on decades of government-funded research (such as NASA’s propulsion systems or real-time data measurement and communication systems). To withstand an obviousness challenge, such as one based on previous satellite structures, it is essential to carefully draft Claims that highlight the inventive aspects of specific engineering solutions.
Adopt a Smart Territorial Filing Strategy: Patents are jurisdiction-specific, but space technologies operate globally. Prioritise filing in key commercial and manufacturing markets (U.S., EU, China, India). Use the Patent Cooperation Treaty (PCT) to streamline international filings for inventions likely to be applicable for space programs globally an example being radiation-resistant photonic circuits.
Demonstrate Space-Specific Utility: Demonstrate the invention’s utility in the space environment, such as zero-gravity or high-radiation conditions. This is especially important for advanced technologies like quantum navigation sensors, where orbital utility must be clearly established during examination.
Prevent Public Disclosure Before Filing: Public disclosures, such as conference presentations or open-source CubeSat designs, can destroy novelty. Implement strict confidentiality measures before filing of patent applications, especially for collaborative projects involving propulsion algorithms or optical payloads. Particularly utilise the provisional patent application strategies to provide an early priority date and focus the further development and refinement of the innovation in the subsequent 12 months to update the provisional patent specification with the detailed advancements prior to filing of complete applications and or a PCT application.
Leverage Trade Secrets for Sensitive Know-How: For non-patentable or sensitive innovations, such as private production processes for lightweight spacecraft materials, make use of non-registered forms of IP such as trade secrets. Use strong non-disclosure agreements (NDAs), as well as restricting access to proprietary information/technologies, in order to safeguard know-how in collaborative space programmes or cross-team innovations.
Comply with Export Control Regulations: Space technology like photonics and propulsion systems can be subject to export control regulations such as ITAR (Trade Arms Regulations) for defence technologies, or EAR (Export Administration Regulations) for dual-use technologies. Be aware that disclosing technical information internationally may be restricted under export controls, which can curtail licensing or enforcement of patents.
Draft Claims with Precision and Scope: Draft claims to cover both terrestrial and space applications where applicable, such as a laser-based communication system usable in satellites and ground stations. Be specific in claiming novel components (e.g., a new waveguide design), to avoid rejection over broad prior art.
Understand International Space Law: Understand treaties like the Outer Space Treaty, which limits property claims on celestial bodies but does not directly govern IP. Ensure patents focus on the technology itself (e.g., a propulsion thruster) rather than extraterrestrial resource claims.
Develop a Comprehensive IP Portfolio: Develop a complete IP strategy including Patents, Trade Secrets, Design Rights and Trademarks. Keep a close eye on product R&D for patentable inventions and educate the research and development teams on recognition of solutions to technical problems which may be candidates for independent patent protection. Maintain a close working relationship with a patent attorney who understands your technology and business goals to ensure that the patent filing strategy is aligned with the business requirements.

These considerations ensure robust protection for space-related inventions while navigating the industry’s unique challenges.

Final Thoughts

Protecting innovations in space technology goes beyond filing patents—it’s about anticipating legal complexity, managing risk across borders, and aligning your IP strategy with both technical and business goals. With proper planning and expertise, your innovations can stay protected, even in the most uncharted parts of the universe.

About the Author

Phil is a Principal Patent Attorney with over 20 years of experience. He works with a wide range of clients, from individual inventors to multinational organisations, securing IP in fields such as photonics, bio-photonics, optical physics, laser technologies, software, medical devices, and more. With a background in optoelectronics and a PhD in physics, Phil focuses on ensuring strong patent protection and successful prosecution across international regimes.

Data is drawn from:

IP Australia reports (2022, 2023, 2024)
USPTO statistics (2021–2023),