As the larger aerospace industry continues to grow, space technology companies are pursuing innovations for in-space manufacturing. This technology includes producing and/or assembling structures or other items in orbit, or otherwise in a lower gravity environment in space. Despite their territorial (and terrestrial) nature, U.S. patents can still offer protection of such technologies off-planet.
Some recent activities highlight the growing interest in in-space manufacturing, including the following:
- Varda Space Industries closed a successful $187 million Series C funding round in March 2025. The raise purportedly bolsters their microgravity pharmaceutical production capabilities.
- Space Forge, developer of advanced materials manufacturing and return technology, as announced on May 14, 2025, raised $30 million in a Series A round, reportedly the largest Series A raise in United Kingdom space tech history.
- Axiom Space, which is developing an “innovation platform for the in-space production of advanced materials and biomedical products,” launched a crew on June 25, 2025, to the International Space Station for microgravity research and technology demonstrations.
- Orbital Matter, a Polish-German developer of in-space manufacturing technology, reportedly including “a spacecraft equipped with a 3D printer to manufacture ultra-light and cost-effective satellite parts and space infrastructure in-orbit,” announced on August 12, 2025, an investment of €1 million in a seed round, which follows an over €1 Million pre-seed funding round in December 2023.
At the same time, space companies generally are filing patent applications to protect these and other innovations with patents. For example, since 2020, more than 15,000 patent applications related to cosmonautics (space vehicles and equipment) have reportedly been filed, covering in-space manufacturing and other technologies. Further, from about 2011 to 2021, the European Patent Office reports the number of patent families in cosmonautics increased from about 300 families to about 1200 families. And it is reported that “U.S. patent applications in space tech have risen by 144% since 2003, compared to a 37% increase across all technology fields.”
But can patent protection be applied to in-space manufacturing technology, where the innovation may be used or performed solely in space? Patents are territorial, with protection afforded by individual countries within a national boundary. The prohibition under 35 U.S. Code § 271 against making, using, and selling patented articles applies to such activities “within the United States.” So how would manufacturing in space, and other “space” activities, be protectable with patents?
At least under U.S. law, a couple issues are relevant: The Space Act, and patent claim strategy.
The U.S. Patents in Space Act under 35 U.S.C. § 105 provides patent protection for technologies in space under certain circumstances. The Space Act states in part that “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 example, for launches of satellites from Texas or Florida or from another U.S. state, such “space objects” may be considered “under the jurisdiction or control” of the U.S., such that U.S. patent law may apply to such technologies.
Note that there are two exceptions to the Space Act: the first exception applies 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.” This could apply, for example, to certain multinational missions or space projects. The second exception applies 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.” This could apply, for example, to a technology registered with a country other than the U.S.
While the Space Act may provide some protection, the legal and practical limits of its applicability should be kept in mind. Currently, there are very few judicial decisions in the U.S. that even mention the Space Act. Further, asserting a patent against activity occurring in space could present difficulties with discovery and proving infringement. Finally, competitors may use the exceptions strategically to avoid liability.
Though uncertainties about the usefulness of the Space Act remain, the increase in space technology innovation may cause more legal disputes and bring some answers to those questions. In the meantime, patent strategy may help. In the U.S., patents can be drafted in a way to mitigate the risk of a third party infringing your patent in space, and without reliance on the Space Act.
For example, a traditional method claim in a patent may recite steps that are only carried out in space. For such a claim, infringement is avoided if the infringing system performing those steps is on a spacecraft that is not under the jurisdiction or control of the U.S. or is registered with a non-U.S. country or is subject to an international treaty.
To avoid this situation, one strategy is to capture infringement on Earth of systems or actions related to the infringing system. For instance, instead of reciting the claim steps of “attaching a truss to a space habitat in orbit,” the claim could instead describe the constituent parts functionally. A functional description may recite what action a component is intended to do, as opposed to reciting the action itself.
Using this approach, an alternative to the above claim recitation could be: “a truss and a space habitat, wherein the truss and space habitat are configured to be attached together in orbit.” Such claim might read on infringing systems located, for example, in a factory or launchpad in the U.S., and thus indirectly prevent the associated infringing activity in space.
These are just some example technologies. The issues apply more broadly to technologies other than in-space manufacturing, such as control methods performed by spacecraft in orbit, deploying structures such as solar arrays in space, upper stage rocket techniques such as separation systems, and firing thrusters for orbit raising or lowering. Further, these are just some considerations regarding the applicability of U.S. patents to in-space manufacturing. The relevance and applicability of the Space Act and patent prosecution strategies are fact-dependent depending on your own unique situation.
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