PATENTS IN SPACE

UNITED STATE..

HEARING

BEFORE THE

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,
AND THE ADMINISTRATION OF JUSTICE

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-NINTH CONGRESS

FIRST SESSION

ON

PATENTS IN SPACE

49-882 O

JUNE 13, 1985

Serial No. 16

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1985

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE Administration of JUSTICE

31 Dec 85

иля

HF27

J857

19850

CONTENTS

WITNESSES

Page

Chisum, Donald, professor of law, University of Washington Law School,

Seattle, WA

Prepared Statement.

Hosenball, S. Neil, general counsel, National Aeronautics and Space Adminis-

tration...

Prepared statement

Kemp, Robert, assistant general counsel, for Patents.

Current laws:

ADDITIONAL MATERIAL

H.R. 2725, 99th Cong., 1st Sess. (1985)....

A Multilateral, by the President of the United States of America.

Treaty on Principles Governing the Activities of States in the Explora-

tion and Use of Outer Space, Including the Moon and Other Celestial

Bodies, January 27, 1967, U.S.T.

REPORTS AND ARTICLES

Eberhart, "Space Science: The Longer-Term Concern," 127 Science News, 190

(1985).

"Out-of-This-World Experiments," Washington Post, April 9, 1985

Osborne, "Business in Space," Atlantic Monthly, 45-58 (May 1985)

"Commercialization of Space: Broad Spectrum of Businesses Involved In

Space Commercialization," Aviation Week and Space Technology, 62-63

(June 25, 1984)......

"Commercialization of Space: Patent Law Finds Space Applications," Aviation
Week and Space Technology, 97-99 (June 25, 1984)..

Beier and Stauder, "Space Stations and Intellectual Property Law," transla-

tion of "Weltraumstationen und das Recht des geistigen Eigentums," 1

GRUR International, 6-13 (1985) (U.S. Trademark Office).....

Chisum, "Foreign Activity: Its Effect on Patentability Under United States

Law," 11 IIC, 26, 28-33 (1980).

Stauder, "Patent Protection in Extraterritorial Areas (Continental Shelf,

High Seas, Air Space and Outer Space)," 7 IIC, 470-479 (1976).....

Silverstein, "Proprietary Protection for Deepsea Mining Technology In
Return For Technology Transfer: New Approach To The Seabeds Contro-
versy," 60 J. of the Patent Office Society, 135-170 (March 1978)......

Kempf, "Reduction of Practice of Space Inventions," XLX J. of the Patent

Office Society, 105-126 (February 1968)...

119

129

166

Bockstiegel, "Proposed Draft Convention on the Settlement of Space Law

Disputes," 12 J. of Space Law, 136-162 (Fall 1984)...

193

Marshall, "Commercialization of Space: Incentives, Impediments and Alterna-

tives," 12 J. of Space Law, 163-173 (Fall 1985)..

215

Mossinghoff, "Intellectual Property Rights in Space Ventures," 10 J. of Space

Law, 107-138 (Spring and Fall 1982)..

226

Corrigan, "Space-Age Speculators Plan Oribit Industrial Parks with NASA's

Help," National Journal 1986–7 (9/7/85...

258

Luxenberg, "Protecting Intellectual Property in Space: Policy Options and

Implications for the United States," Presented to Georgia Institute of Tech-

nology Conference 1985 (May 16, 1985).......

260

(III)