35 U.S.C. § 105

Inventions in outer space

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(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. 101–580, § 1(a), Nov. 15, 1990, 104 Stat. 2863.)Statutory Notes and Related SubsidiariesEffective Date; Special Rules

Pub. L. 101–580, § 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 party’s 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].”

Notes of Decisions

Cited in 3 cases, 1993–2015 · leading case: Sanofi-Synthelabo v. Apotex Inc., 299 F. Supp. 2d 303 (S.D.N.Y. 2004).

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Sanofi-Synthelabo v. Apotex Inc., 299 F. Supp. 2d 303 (S.D.N.Y. 2004). · cites it 2× “Prior Proceedings Apotex has filed affirmative defenses and counterclaims, alleging that the ’265 patent is invalid for lack of novelty ( 35 U.S.C. § 105 ), obviousness ( 35 U.S.C.”

Hughes Aircraft Co. v. United States, 29 Fed. Cl. 197 (Fed. Cl. 1993). “2863 (codified at 35 U.S.C. § 105 ), provides in part: 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…”

M-I Drilling Fluids UK Ltd. v. Dynamic Air Inc., 99 F. Supp. 3d 969 (D. Minnesota 2015). “2863 (1990) (codified at 35 U.S.C. § 105 ). Dynamic Air argues the Space Act shows that when Congress decides to expand patent rights beyond the borders of the United States, it does so explicitly by statute.”

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