Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

Patented Inventions in Outer Space and the Deemed Place of Practice

Research Professor, Institute of Legal Studies, Sungkyunkwan University, Republic of Korea

Correspondence to Hong-Kee Lee (hkl.skku@gmail.com)

Volume 21, Number 3, Pages 75-99, September 2026.
Journal of Intellectual Property 2026;21(3):75-99. https://doi.org/10.34122/jip.2026.21.3.75
Received on April 30, 2026, Revised on May 04, 2026, Accepted on September 04, 2026, Published on September 30, 2026.
Copyright © 2026 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

As commercial space activity increases, the practice of patented inventions in outer space has become a live legal problem. This poses a novel challenge to the territoriality principle of patent law, which has traditionally operated on the premise of practice within national territories. While the stages at which devices such as satellites and payloads are produced, transferred, exported, or imported domestically can be addressed under existing frameworks, post-launch operations in orbit present a gap. Specifically, there is no express standard for determining whether the use of an object or the performance of a process in orbit constitutes practice within the Republic of Korea. Furthermore, while the Outer Space Treaty confers jurisdiction and control over a space object on the state of registry, its text does not explicitly deem acts carried out in or on board to be practice within the state’s territory. Therefore, the existence of jurisdiction under international law does not, by itself, determine the place of practice under patent law; bridging this gap requires an explicit, separate statutory provision. Against this backdrop, this article categorizes and analyzes the unique issues raised by the practice of inventions on space objects, and examines the formal and structural legislative approaches of major spacefaring nations addressing this problem to chart a path for reforming Korean patent law. Ultimately, such legislative reform should not aim to abolish the territoriality principle or artificially extend the territory of the Republic of Korea into outer space. Instead, it should use the state of registry as a connecting factor to supplement the specific situations in which the locational elements presupposed by territoriality become indeterminate in or on a space object.
Keywords

space objects, space patent, deemed place of practice, outer space treaty, pre-launch importation exemption

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Section