KATHMANDU: As humanity moves closer to establishing a permanent presence in outer space, serious questions are emerging over whether existing international patent laws are capable of governing innovation beyond Earth.
Current patent law is based on the principle of territoriality, meaning patent rights are enforceable only within specific national jurisdictions. Whether a patent has been infringed depends on where an invention is made, used, or sold. However, this framework faces major challenges in outer space, where no national borders exist.
Concepts once confined to science fiction—such as space stations, lunar base camps, and missions to Mars—are rapidly becoming engineering realities. Projects like NASA’s proposed Artemis Base Camp signal the possibility of a sustained human presence on the Moon.
Innovation in such environments is not driven by a single nation but by international collaboration. Technologies required to sustain life on the Moon or Mars—including water extraction, energy generation, waste recycling, and systems capable of operating in extreme and unpredictable conditions—depend on continuous technological advancement.
Experts argue that innovation in space is not optional but essential for survival. Yet major legal uncertainties remain: who owns the patent rights to space-developed technologies, which country’s laws apply, and how violations would be enforced in an environment beyond national jurisdiction.
Although international space treaties define outer space as the common heritage of humankind, legal experts note that they offer little clarity on intellectual property rights, including patents. As a result, the need for a new international legal framework to address patent protection in space is becoming increasingly evident.
With space remaining borderless while laws remain Earth-bound, the question of whether international patent law can evolve to meet the demands of permanent space habitation is growing more urgent for the global community.
