In “Ready For Launch: How to Protect Space Tech”, Managing Associate Peter Herrick and Associate William Wathey from Mathys & Squire take us on a journey beyond the Earth’s atmosphere, sharing the expertise they have gained from advising companies in the sector on IP strategy.
With Artemis II launched in April this year, the first human mission beyond low Earth orbit since 1972, we are gearing up for the next generation of space technology. Science is undergoing a space revolution and the possibilities are out of this world. From in-space manufacturing in areas as wide-reaching as pharmaceuticals and semiconductors to reusable rockets, we are moving beyond space exploration and entering a new era of space commercialisation.
The question is – when inventions are launched from the Earth’s surface, leaving the orderly realm of terrestrial law, how can we manage their ownership and protection? In other words, does patent law extend to space?
Find out in our latest episode of Innovation Unlocked.
You can listen to the episode on Spotify here.
Read more about our services and expertise in aerospace here.
Episode summary
Topics discussed🎙️
- The rapid commercialisation of the space sector and the resulting increase in competition.
- The changing barriers to entry within the space industry.
- How intellectual property applies to space technologies and later terrestrial applications.
- The importance of patents, trade secrets and broader IP strategies for space companies.
- Legal uncertainty surrounding IP law in space and jurisdictional issues, and the strategic importance of securing enforceable rights “on the ground”.
- The role of IP in attracting investment and supporting collaborations, and how companies can protect innovation while operating in a highly collaborative ecosystem.
Key takeaways💡
- Space is becoming increasingly commercial and competitive: The space sector has evolved from a predominantly government-led industry into a fast-growing commercial market, creating greater pressure for companies to differentiate and protect their technologies.
- IP strategy is critical for space businesses: Companies operating in the sector need a clear and proactive IP strategy, as competitors are likely to have strong patent portfolios and proprietary technologies.
- Earth-based IP protection remains essential: Whilst legal frameworks governing activity in space are still developing, businesses can secure more reliable and enforceable protection through traditional terrestrial IP rights and jurisdictions.
- Legal uncertainty in space law creates strategic challenges: Businesses need to remain aware that regulation around ownership, enforcement and use of technology in space is still evolving, meaning long-term strategic thinking is essential.
- IP can strengthen investment and collaboration opportunities: A strong IP position not only protects technology from competitors, but also helps businesses secure funding, negotiate partnerships and maintain leverage in collaborative projects.
Notable quotes🔊
- “Now we’re starting to see that the cost to launch things into space is coming down dramatically. In the space shuttle era, it was around 55 thousand dollars per kilo to launch, now it’s dropped to under 3 or 2 thousand dollars per kilo.”
- “We’re moving from a stage of exploration of space that we had in the sixties or seventies towards a commercialisation of space.”
- “IP acts as a form of insurance: you can protect yourself from an unknown in the future. You don’t know whether that agreement is going to work out. Obtaining IP can give you a safety net in those circumstances.”
- “Look at the ground, where the law is a bit more certain, and make sure you have some kind of IP rights that work on the ground. This is a developing area of law and you need to consider what future position you might find yourself in.”
