LEGAL AND JURISDICTIONAL CHALLENGES OF SPACE PATENTS

AUTHOR – SHARAN. R* & M. BHUVANESHWARI**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – SHARAN. R & M. BHUVANESHWARI, LEGAL AND JURISDICTIONAL CHALLENGES OF SPACE PATENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 737-745, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6477

Abstract:-

The commercialization of outer space inventions has caused an incompatibility between territoriality principle of patent law and the non-appropriation principle  governing outer space. In recent days, space-based innovation has got increased significantly and as a result exposed significant absence in legal framework as to application of patent law beyond Earth. This paper examines and analyses the tension between the territorial scope of patent rights and the principle of non-appropriation in the context of outer space, which creates uncertainty in protecting space inventions and also analyses the limitations under the Indian Patents Act, 1970, and also addresses the key challenges faced such as jurisdiction issues, conflict of laws, patentability in microgravity, and enforcement difficulties and further the present paper highlights issues such as multi-jurisdictional infringement and regulatory loopholes, and the necessity for legal reforms to extend patent protection to space activities while ensuring conformity with international obligations.

Keywords: Space Patents, Outer Space Treaty, Territorial Limitation, Non-Appropriation Principle, Indian Patents Act 1970, Jurisdictional Vacuum, Deemed Territoriality, Flags of Convenience, TRIPS Agreement, Kármán Line.