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2026-07-06 10:51:44 -04:00

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LegalText 35 U.S.C. § 105 Inventions in outer space us united_states_code code_section 35 PATENTS 10 PATENTABILITY OF INVENTIONS 105 35 U.S.C. § 105 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip /us/usc/t35/s105 data/legal/raw/us/code/title-35/usc35.xml 57d4518ecc153ec4c77cc318864eba5b0cdd4e41045badabab1cde106492b6dc 736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3 c656b2e73ee2455cd56f8214442bdac5ee78943765355c80f807c0ab660210da 2026-07-04 official
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35 U.S.C. § 105 - Inventions in outer space

Text

(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 Pub. L. 101580, § 1(a), Nov. 15, 1990, 104 Stat. 2863.)

Notes

Statutory Notes and Related Subsidiaries

Effective Date; Special RulesPub. L. 101580, § 2, Nov. 15, 1990, 104 Stat. 2863, provided that: “(a) Effective Date.—Subject to subsections (b), (c), and (d) of this section, the amendments made by the first section of this Act [enacting this section] shall apply to all United States patents granted before, on, or after the date of enactment of this Act [Nov. 15, 1990], and to all applications for United States patents pending on or filed on or after such date of enactment. “(b) Final Decisions.—The amendments made by the first section of this Act [enacting this section] shall not affect any final decision made by a court or the Patent and Trademark Office before the date of enactment of this Act [Nov. 15, 1990] with respect to a patent or an application for a patent, if no appeal from such decision is pending and the time for filing an appeal has expired. “(c) Pending Cases.—The amendments made by the first section of this Act [enacting this section] shall not affect the right of any party in any case pending in a court on the date of enactment of this Act [Nov. 15, 1990] to have the partys rights determined on the basis of the substantive law in effect before such date of enactment. “(d) Non-Applicability.—The amendments made by the first section of this Act [enacting this section] shall not apply to any process, machine, article of manufacture, or composition of matter, an embodiment of which was launched prior to the date of enactment of this Act [Nov. 15, 1990].”