How does 35 U.S.C. 105 relate to the “in this country” requirement in pre-AIA patent law?
35 U.S.C. 105 is relevant to the “in this country” requirement in pre-AIA patent law as it expands the definition of U.S. territory for certain patent law purposes. The MPEP 2133.03(d) mentions this connection:
“See also 35 U.S.C. 105.”
35 U.S.C. 105 states that inventions made, used, or sold in outer space on a “space object or component thereof under the jurisdiction or control of the United States” are considered to be made, used, or sold within the United States for the purposes of patent law.
Key points:
- It extends the concept of “in this country” to include certain activities in space.
- This provision ensures that inventions related to U.S. space activities are treated similarly to those on U.S. soil.
- It’s particularly relevant for inventions made on the International Space Station or during U.S. space missions.
This extension of territorial scope demonstrates the law’s adaptation to technological advancements and the expansion of human activities beyond Earth’s surface, while maintaining the principle of national jurisdiction in patent law.
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