Inventions in outer space

35 U.S.C. § 105

• Title: 35 — Patents
• Chapter: 10 — PATENTABILITY OF INVENTIONS

Text

(a) Any invention made, used or sold in outer space on a space object or component thereof under the jurisdiction or control of the United States shall be considered to be made, used or sold within the United States for the purposes of this title, except with respect to any space object or component thereof that is specifically identified and otherwise provided for by an international agreement to which the United States is a party, or with respect to any space object or component thereof that is carried on the registry of a foreign state in accordance with the Convention on Registration of Objects Launched into Outer Space.
(b) Any invention made, used or sold in outer space on a space object or component thereof that is carried on the registry of a foreign state in accordance with the Convention on Registration of Objects Launched into Outer Space, shall be considered to be made, used or sold within the United States for the purposes of this title if specifically so agreed in an international agreement between the United States and the state of registry.

History

(Added Pub. L. 101–580, §1(a), Nov. 15, 1990, 104 Stat. 2863.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date; Special Rules
Pub. L. 101–580, §2, Nov. 15, 1990, 104 Stat. 2863, provided that:
"(a) Effective Date.—Subject to subsections (b), (c), and (d) of this section, the amendments made by the first section of this Act [enacting this section] shall apply to all United States patents granted before, on, or after the date of enactment of this Act [Nov. 15, 1990], and to all applications for United States patents pending on or filed on or after such date of enactment.
"(b) Final Decisions.—The amendments made by the first section of this Act [enacting this section] shall not affect any final decision made by a court or the Patent and Trademark Office before the date of enactment of this Act [Nov. 15, 1990] with respect to a patent or an application for a patent, if no appeal from such decision is pending and the time for filing an appeal has expired.
"(c) Pending Cases.—The amendments made by the first section of this Act [enacting this section] shall not affect the right of any party in any case pending in a court on the date of enactment of this Act [Nov. 15, 1990] to have the party's rights determined on the basis of the substantive law in effect before such date of enactment.
"(d) Non-Applicability.—The amendments made by the first section of this Act [enacting this section] shall not apply to any process, machine, article of manufacture, or composition of matter, an embodiment of which was launched prior to the date of enactment of this Act [Nov. 15, 1990]."

Editorial Notes

Amendments
2011—Pub. L. 112–29, §10(g)(2), Sept. 16, 2011, 125 Stat. 319, which directed adding item 123 at the end of this chapter, was executed by adding the item at the end of the table of sections of this chapter, to reflect the probable intent of Congress.
Pub. L. 112–29, §4(a)(4), Sept. 16, 2011, 125 Stat. 296, amended item 115 generally, substituting "Inventor's oath or declaration" for "Oath of applicant".
2002—Pub. L. 107–273, div. C, title III, §13206(a)(7), Nov. 2, 2002, 116 Stat. 1904, substituted "Inventors" for "Joint inventors" in item 116.
1999—Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4507(5)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, inserted "; publication of patent applications" after "applications" in item 122.
1994—Pub. L. 103–465, title V, §532(c)(6), Dec. 8, 1994, 108 Stat. 4987, substituted "Application" for "Application for patent" in item 111 and "Benefit of earlier filing date; right of priority" for "Benefit of earlier filing date in foreign country; right of priority" in item 119.