International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

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Patents in orbit: Addressing Jurisdictional overlap and Harmonizing the regulatory laws

Author(s) Ms. Pirai Nuthal K, Ms. Harshini I
Country India
Abstract The 21st century has witnessed remarkable progress in space technology—ranging from satellites and propulsion systems to space mining and even concepts of human settlements beyond Earth. These developments bring with them important questions about how intellectual property can be protected once we move outside traditional
territorial boundaries. Patents play a crucial role in encouraging innovation and granting legal rights, but their territorial nature clashes with the uncertain jurisdiction of outer space. The situation is further complicated by the 1967 Outer Space Treaty, which prevents any nation from claiming sovereignty in space, making the enforcement of patent rights highly complex. This paper explores the uncertainties surrounding patentability and jurisdiction in space-related inventions, drawing from U.S. legal approaches such as the Patents in Space Act of 1990, while also identifying gaps in both domestic and international systems. It draws on a wide range of scholarly discussions, covering topics like patent protection on the International Space Station,
intellectual property in active debris removal, commercialization of space technology, and even future challenges like regulating intellectual property on Mars. The study underlines the limitations of the current fragmented system and calls for a harmonized global framework, while also examining how India’s patent regime can adapt to these evolving challenges.
Keywords Patents, Outer Space,Jurisdiction, IP Disputes in space
Published In Volume 8, Issue 1, January-February 2026
Published On 2026-01-13
DOI https://doi.org/10.36948/ijfmr.2026.v08i01.66277
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E-ISSN 2582-2160
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