About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

102 J. Pat. & Trademark Off. Soc'y 39 (2021-2022)
The Limited Extraterrestrial Reach of U.S. Patent Law

handle is hein.journals/jpatos102 and id is 45 raw text is: 39 The Limited Extraterrestrial Reach of U.S. Patent Law Thomas E. Loop* Abstract The increasing and customary patenting of space-based inventions by various space-faring nations is reviewed and discussed, including a showcasing of several exemplary space-based patents from the United States, Chinese, and Russian patent offices. In view of this growth in the patenting of space-based technologies (primarily by State actors from the United States, China and Russia) and noting a perceived uncertainty regarding the scope of extraterrestrial jurisdiction under U.S. patent law, the concepts and contours of State sovereignty and jurisdiction under American and international law are explored and contrasted. In addition, the present territorial limits and jurisdictional reach of U.S. patent law on Earth and in outer space are explored with reference to relevant code, legislative history and case law. Similarly, the various international agreements (treaties) concerning the patenting of inventions by States and their actors are likewise reviewed. For purposes of comparison with space-based inventions, the customary patenting of inventions concerning activities and resources on Earth within areas of the global commons - namely, the global commons of (1) Antarctica, and (2) the deep seabed, by various States and their actors are reviewed and discussed. For further comparative purposes, the emergence and principles of international space law, various national space laws, and, in particular, U.S. space law (and policy) are reviewed and discussed. Based on the foregoing discussion and analysis, the unresolved tension between U.S. patent law and international space law is examined and explained. Finally, and to better encourage the exploration, discovery, and innovation in outer space and on celestial bodies by American Loop Intellectual Property Law website: www.seattlepatentlaw.com email: thomas@seattlepatentlaw.com 102 J. Pat. & Trademark Off. Soc'y 39 (2021)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most