SpacePatents
Patent Protection of Space-Related Inventions
An internationally recognized space patent, i.e. a patent that is effective in the national-state-free space, does not (yet) exist, although such a patent has been frequently demanded in the technical literature.
The application of national patent law to space matters concerns two core aspects, namely the creation of an invention in space and the enforcement of national/regional patents in space. In particular, the question arises as to whether and to what extent a state may extend its national patent law into space. It is generally accepted that a state extends its national law to space objects that are registered in that state's space registry. Unfortunately, Germany lacks explicit statutory extension of patent rights to space objects registered in Germany.
Therefore, when drafting a patent application for the protection of inventions that are made or can be used in satellites, spacecraft, space stations, in space or on extraterrestrial bodies, the legal peculiarities of outer space must be taken into account. For example, it may be useful to formulate claims in a patent category that is directed to the protection of a product manufactured in space that must someday return to a patent-protected territory on Earth.
One of the technical specializations of our patent law firm is the field of aerospace technology. Dr. Wolfram Schlimme, a patent attorney and aerospace engineer, has not only dealt with a large number of inventions in this field, but also with the legal situation of patent protection in space. He is a member of the International Institute of Space Law (IISL). Dr. Schlimme has given a lecture on the subject of patent protection in space and has published several papers on this topic:
- Patentschutz im Weltraum - in German - (Mitteilungen deutscher Patentanwälte Heft 8/9 - 2014) [PDF]
- Weltraumgegenstände als Objekte eines nationalen Patentschutzes – Teil I - in German - (Mitt. 3 - 2020) [PDF]
- Weltraumgegenstände als Objekte eines nationalen Patentschutzes – Teil II - in German - (Mitt. 7/8 - 2020) [PDF]
- Space Related Patents – The Fourth Dimension of Patenting (ZLW 4 – 2022) [PDF]
Technical University of Munich (TUM) - Institute of Astronautics (LRT) Summer School 2014 – lecture on 29.09.2014:
