35 U.S.C. § 105 — Inventions in outer space (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 105 Inventions in outer space
Source: Patent Statute (35 U.S.C.)BlueIron Update:
This page consolidates MPEP guidance interpreting 35 U.S.C. § 105, including 8 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The language 'in this country' in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries but includes any State of the United States, the District of Columbia, and any commonwealth.
What this section covers
- This section clarifies that 'in this country' for inventions made in outer space refers to the United States and its territories, excluding other WTO or NAFTA member countries.
Key obligations
- Practitioners must ensure that any claims or disclosures related to inventions in outer space are properly categorized according to the specific geographical scope of 'in this country'.
- 'In this country' includes any State of the United States, the District of Columbia, and any commonwealth but excludes other WTO or NAFTA member countries.
Practice notes
- Drafters should ensure that all claims related to inventions made on the International Space Station are properly categorized under 'in this country' if they pertain to any State of the United States.
- Avoid misapplying 'in this country' to inventions made in other countries that are not part of the United States or its territories.
Official MPEP § 105 — Inventions in outer space
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 105 Inventions in outer space.
- (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.
(Added Nov. 15, 1990, Public Law 101-580, sec. 1(a), 104 Stat. 2863.)
- Aia Practice
- Prior Art Aia
- Aia 102A1
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- Prior Art Pre Aia
| MPEP Section | Rules |
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| MPEP § 2133.03(d) |