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Title 35, PatentsRelease 119-102

§105 Inventions in Outer Space

Title 35 › PART II — PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › CHAPTER 10 — PATENTABILITY OF INVENTIONS › § 105

Last updated Aug 21, 2026|Official source

Summary

If an invention is made, used, or sold in outer space on a spacecraft or part that the United States controls, it is treated the same as if it happened inside the United States for U.S. patent law. If an international agreement that the United States is part of specifically covers that spacecraft, or if the spacecraft is on another country’s registry under the Convention on Registration of Objects Launched into Outer Space, then it is not treated as inside the United States. If the United States and the country of registry agree in a separate international agreement to treat it as inside the United States, then it will be treated that way.

Full Legal Text

Title 35, §105

Patents, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

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].”

Reference

Citations & Metadata

Citation

35 U.S.C. § 105

Title 35, Patents

Last Updated

Aug 21, 2026

Release point: 119-102