Space is a technically challenging environment to work in. Developing satellite components and deploying satellites involves high risk and massive investment in research and development activities to create robust systems that can remain operational for years in the punishing environment of space.
From an intellectual property (IP) perspective, a challenge with protecting space related technology is that it is located in space. However patents, which are traditionally used to protect and de-risk investment in research and development, can only be enforced in the territory of a country where a patent exists. While this makes enforcement more challenging, patent attorneys have had to deal with these jurisdictional issues for many years in fields such as telecommunications and internet technologies.
These technologies may span multiple jurisdictions, with different parts of the system located in separate jurisdictions. For example, a transmitter of a telecommunications system may be located in one jurisdiction and a receiver may be in another, and so the system as a whole, is never in a single country. A similar issue arises in systems where the different parts can be independently manufactured by different entities or in different countries, so that no single entity makes and sells the complete system.
To address this, patent applications can be filed in the countries where the parts exist and focussed on each separate part in the system, such as the receiver and the transmitter. The patent can include a first claim set to the transmitter and its interactions with the receiver, and a second claim set to the receiver and its interactions with the transmitter. In this way infringement by each part of system can be separately captured.
In the space domain, the task is to identify which parts of the system have a touchpoint to a component on the ground, or are solving a problem on the ground. Through careful system analysis, protection can typically be provided even in cases where parts of the system are deployed in space.
For example, if a ground system is controlling a satellite in space, or processing data received from the satellite, then method and software claims can be used to capture the operations in space. Similarly, if information gained from the satellite can be used to make a decision on the ground, then this system can potentially be protected. Claims can also be directed to where satellites terminals are used, or where a satellite is built or launched. Additionally layered patent protection strategies can often be utilised.
In most space systems there are multiple technical problems that need to be solved to provide a robust working system. Patents are directed to solving specific technical problems, and by using a family of patents, with each patent directed to a different problem, layered protection, potentially across multiple jurisdictions, can be provided for the overall system to provide greater enforcement options.
At Madderns, we specialise in helping high-tech companies protect their innovations, whether in space or on the ground.
