5/6/2016
Lawyers in space: in the course of human exploration of space, lawyers will be needed. What happens when invention occurs? Who and what country can claim legal due process for the intellectual rights? Sounds far out but this has already happened with the space cup; it is the first example of something invented in space and patented (e.g. not invented on Earth and subsequently flown into space which is the case for Space Station related patents to date). Like so many techno-aspects of space, the folks at NASA lead the way. Kurt Hammerle and Ted Ro, NASA patent attorneys, wrote a seminal paper on this subject on 2008. To summarize this 34-page paper, they proposed an extension of well established maritime law for invention in space. If a person on a ship in international waters creates an invention, it follows the due process under the country of ship registry. So likewise follows invention in the galactic waters of space.
The International Space Station is a spacecraft designed as a scientific laboratory where invention is bound to take place. It seems reasonable that the country of registry for a particular international module suffices to be like the registry of a ship in international waters. So during the docked phase to the International Space Station of Space Shuttle Endeavor, STS 126, when the space cup was invented, I happened to be in Node 2 (and also the Lab to get some Kapton tape). Both of these modules are USA NASA controlled entities. So it was only fitting that we applied for the space cup patent through the US Patent office. If I had been 15 feet to port, in the Japanese JAXA module, or 15 feet to starboard, in the European ESA module, the legal aspects would probably still be under debate.
figure caption:
Hammerle, K.G., Ro, T.U., “Extra-Territorial Reach of US Patent Law on Space Related Activities”, Jour. Space Law, vol. 34, no. 2, 2008, pp. 241-275.