§ 105. — Inventions in outer space.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC105]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 10--PATENTABILITY OF INVENTIONS
Sec. 105. Inventions in outer space
(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, Sec. 1(a), Nov. 15, 1990, 104 Stat. 2863.)
Effective Date; Special Rules
Section 2 of Pub. L. 101-580 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].''
