Patent in Outer Space: Special Solution for New Challanges
- Paper number
IAC-09.E8.4.4
- Author
Ms. Fruzsina Tari, MANT- Hungarian Astronautical Society, Hungary
- Year
2009
- Abstract
Mankind has been envisaged several legal questions since the space age started. We need to answer them in urgency for enable the activities of the private capital in space industry. One main issue is the applicability and the limitations of patent law in space. We can distinguish at least three types of invention: (1) Invention invented on Earth and used in outer space (too); (2) Invention invented in outer space and used either in outer space or on Earth (or both); (3) Invention, which is applicable only in outer space (invented anywhere). We require special regulation for the third type of invention to be patented. However, the principles of space law and the definition of patent are in contradiction. While we have defined space activities as ones for the benefit of mankind without sovereignty, territoriality and any jurisdictions in general, the patent provides monopoly for the owner of the patent rights on a territory and under the jurisdiction of the respective State. Accordingly I suggest three solutions in my paper for the above issue: (1) to declare the prohibition of any patent rights in the outer space; (2) to harmonize patent rights all over the world, which would hide the defined problem; or (3) to make a new definition and structure of patent law applicable for inventions used in space. Although in short term we are able to retain from the regulation of patent rights in space, in long term the third solution seems also important to regulate for an effective and lawful development in space industry. That is why I will detail in my paper one possible definition and structure for inventions used in space as a special solution for patent rights in space.
- Abstract document
- Manuscript document
(absent)