As of 2026, our patent offices are all Earth-based, and there is no comprehensive or harmonised framework for patent rights covering outer space as a region. However, there are a growing number of scenarios in which the use of methods or products in space may give rise to a commercial incentive to obtain patent protection in space. This naturally leads to an interesting question: if innovation is expanding to outer space, should patent offices and the wider patent system follow suit?
According to recent UK Space Agency press releases (from February 2026 [1] and June 2026 [2]), lucrative contracts and funding have been awarded to companies developing new and innovative in-orbit manufacturing platforms to manufacture drugs, semiconductor seed crystals and optical fibre materials in the microgravity of space. Significant investment is put into developing these in-orbit manufacturing processes and so preventing competitors from using these technologies without permission could become a priority.
In a similar vein, as we look towards human activity in space, via commercial space flights, the continued use of the International Space Station until 2030, and with preparations beyond that for the Artemis programme, commercial technology markets for humans in space may grow. With such growth may come a need for a brand new, uncharted approach to extra-terrestrial patent protection. The question then is, what might that look like?
Our recent article on this topic introduced some existing approaches that have been taken to protecting inventions that are not simply infringed on-land. This article serves to speculate upon how those approaches may be further developed or serve as inspiration for building a more comprehensive space-based patent law framework.
As discussed in our last article, simply extrapolating patent protection from a territory’s airspace beyond the Kármán Line into outer space appears to disagree with the Outer Space Treaty which states that space is “not subject to national appropriation” and fails to address activities on extra-terrestrial celestial bodies such as Mars which, if humankind manages to populate it, may one day become a hub of innovation. Therefore, the question remains, should we have a Martian patent office and should international patent filing frameworks such as the Patent Cooperation Treaty (PCT) be adapted to facilitate protection beyond Earth?
Realistically, if the international community is to provide robust patent protection in space it seems any space-based framework requires a new and well constructed patent protection framework for activities in space and on celestial bodies. However, careful consideration will have to be given to ensure any such framework would not be in conflict with the space is for everyone founding principles of the Outer Space Treaty.
While a dedicated Martian Patent Office is an intriguing concept, the most realistic path towards patent protection in space is likely to involve extending and adapting existing terrestrial patent frameworks rather than creating entirely new patent offices on other planets.
One could also envisage the development of a dedicated international mechanism for extending patent protection beyond Earth, either through the creation of a supranational body empowered to grant rights applicable in outer space, or through a system that recognises and extends existing national or regional patents into that domain. An analogous approach can be seen in the Hong Kong model, where certain granted patents, e.g. UK patents, can be re‑registered to take effect in Hong Kong. A similar framework for space could allow patentees to designate outer space, or specific celestial bodies, as an extension territory for a defined set of participating states. While such a system would raise complex questions around enforcement, jurisdiction, and international consensus, it seems to offer a clearer conceptual pathway towards treating space not as a legal vacuum, but as an extension of existing intellectual property regimes.
If there comes a time when mankind has Lunar and Martian bases, nations will need to collectively decide on how protection will work for inventions that are devised on these celestial bodies. Perhaps we will land on a similar approach to the one taken on the ISS, whereby inventions devised within the base or installation owned by a certain nation will be subject to the laws of that nation.
So will we need a Martian Patent Office, with its own Martian patent law and courts? Such an approach would require global collaboration and agreement. Given that there is no globally agreed patent enforcement law on Earth, it seems like a difficult challenge. On the other hand, the Outer Space Treaty and the International Space Station Intergovernmental Agreement (IGA) shows that nations can collectively come to an agreement on how to deal with intellectual property in space. However, they are minor steps compared to the uncharted and complex decisions that will need to be made for a space-focussed patent system to work.
At present, the legal framework governing patent infringement in space remains uncertain. As commercial activity beyond Earth accelerates, addressing this will become increasingly important. In the meantime, traditional patent protection continues to offer meaningful value for space-related innovations. Developing clear and effective approaches to intellectual property in space is likely to be one of the many challenges to address in the coming years as mankind, hopefully, continues to advance as a space-faring civilisation.
[1] Press Release (9 February 2026): New studies for manufacturing advanced materials in orbit – GOV.UK
This article was prepared by Patent Attorney Jess Davis and Patent Director Joe Baumber.
More articles from our world space week series below:
- Patents Beyond Earth: Is Space a No Man’s Land? Part 1
- Sustainable Technologies in Space: Protecting Innovation for a Greener Frontier
- Feeding Space Travel: The Chemistry of Living in Space
- Materials at the Final Frontier: How Engineering Innovations Are Powering the Future of Space
For more information contact our Transport, Aerospace & Defence team