35 U.S.C. § 105 — Inventions in outer space

submitted 36 years ago by Pub. L. 101-580 to r/title-35-PATENTS · 184 words · no verdicts yet

in plain englishAI-generated · not legal advice

An invention made, used, or sold in outer space on a spacecraft under U.S. jurisdiction counts as made, used, or sold inside the United States for patent purposes — unless an international agreement specifically covers that spacecraft, or the spacecraft is registered to a foreign country under the Convention on Registration of Objects Launched into Outer Space. Even for a foreign-registered spacecraft, U.S. patent law can still apply if the U.S. and that country's government specifically agree to it.

(a) An invention made, used, or sold in outer space aboard a spacecraft or spacecraft part under U.S. jurisdiction or control counts as made, used, or sold inside the United States for patent-law purposes. This does not apply if an international agreement the U.S. has joined specifically covers that spacecraft or part instead, or if the spacecraft or part is registered to a foreign country under the Convention on Registration of Objects Launched into Outer Space. (b) Even for a spacecraft or part registered to a foreign country under that Convention, an invention made, used, or sold aboard it still counts as made, used, or sold inside the United States if the U.S. and that foreign country specifically agree to this in an international agreement.

the actual law source: uscode.house.gov ↗public domain

(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.

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

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-580 · 104 Stat. 2863

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-580 on 1990-11-15.

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