Key Takeaways: Given the territorial limitations of U.S. Patent Claims, patenting technology for in-space repair and assembly of orbital technology can be challenging. The following blog post discusses strategies for drafting enforceable claims related to these technologies.
We recently wrote, on our Energy Blog, about a newly granted patent for orbital data centers and the potential for IP development in the emerging space-based data center industry. That patent is for a space-based data center with orbital server modules. Additionally, my colleague, Tom Cowan, has written in this blog about how the Space Act and patent claim strategy can help protect manufacturing in space. As orbital data centers and other space-based technologies advance, development of a robust IP portfolio with smart claim drafting may be critical to establishing a strong position in the industry.
IP underlying technologies such as orbital data centers may be particularly challenging to protect. In-space repair or assembly technologies are vital to producing long-lasting and sustainable orbital technologies, but both may present claim drafting challenges. Moreover, because infringement of a U.S. patent occurs when one makes, uses, or sells patented articles within the United States, protecting activities occurring in space can be challenging.
Therefore, the following are important considerations when drafting patent claims for space-based technologies.
For assembly technologies, for example, modular designs, it can be helpful to analyze what portions of the modular system are manufactured and assembled on Earth prior to launch. Identifying the individual modules assembled prior to launch can focus the scope of patent claims on earth-based activity.
For in-space repair technologies, it can be valuable to phrase claims based on the steps directed from Earth-based control systems. For instance, each step of the method claim may be structured such that the steps are performed from ground control, rather than in space. One such strategy is to consider whether an earth-based processor sends instructions that cause in-space actions to occur.
By anchoring claim scope to earth-based activity, claims can be enforced against the manufacturers and/or operators of these technologies. These are just some considerations that may be helpful to consider when drafting claims directed to space-based technologies.
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