Protection of Patents in Outer Space: Could Blockchain Technology Be a Sufficient Solution?

The current and future exploitation of space is driving scientific and technological developments and offers the opportunity for productive international cooperation among nations and space agencies. The continuous involvement of private companies in space developments intensifies the current debate on establishing a legal framework that could provide adequate protection. In fact, the protection of intellectual property rights on discoveries and products linked to these developments will be one of the most important challenges in the exploitation of space. From the beginning, outer space has undeniably been recognized as a unique field that belongs to all humankind and needs to be regulated extraordinarily. In the same vein, space activities require the development of a new generation of patent law, while regulations apply on Earth should serve only as an inspiration. Furthermore, current and emerging Blockchain Technology and its application, named smart contracts, can be employed as a single-window system and provide a transparent and reliable infrastructure for hierarchical storing of patent digital records and accurate enforcement, leaving no space for disputes. Undoubtedly, the interface of patent rights with Blockchain technology and smart contracts in the light of outer space activities creates a suis generis legal framework and forms new legal and ethical challenges that spacefarers should take up.