An Act to amend title 35, United States Code, with respect to the use of inventions in outer space.
PL 101-580 (S.459), enacted 11/15/1990

PUBLIC LAW 101-580—NOV. 15, 1990 
104 STAT. 2863 
Public Law 101-580 
101st Congress 
An Act 
To amend title 35, United States Code, with respect to the use of inventions in outer 
Nov. 15,1990 
space. 
[S. 459] 
Be it enctcted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. INVENTIONS IN OUTER SPACE. 
(a) IN GENERAL.—Chapter 10 of title 35, United States Code, is 
amended by adding at the end the following: 
'*§ 105. Inventions in outer space 
"(a) 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 the purposes of this title, except with respect 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, or with respect 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. 
"Oi) Any invention made, used or sold in outer space on a 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, shall be considered to be made, 
used or sold within the United States for the purposes of this title if 
specifically so agreed in an international agreement between the 
United States and the state of registry.". 
0?) TABLE OF CONTENTS.—The table of sections of chapter 10 of title 
35, United States Code, is amended by adding at the end the 
following: 
"105. Inventions in outer space.". 
SEC. 2. SPECIAL RULES. 
35 USC 105 note. 
(a) EFFECTIVE DATE.—Subject to subsections (h), (c), and (d) of this 
section, the amendments made by the first section of this Act shall 
apply to all United States patents granted before, on, or after the 
date of enactment of this Act, and to all applications for United 
States patents pending on or filed on or after such date of enact-
ment. 
0)) FINAL DECISIONS.—The amendments made by the first section 
of this Act shall not affect any final decision made by a court or the 
Patent and Trademark Office before the date of enactment of this 
Act with respect to a patent or an application for a patent, if no 
appeal from such decision is pending and the time for filing an 
appeal has expired. 
(c) PENDING CASES.—The amendments made by the first section of 
this Act shall not affect the right of any party in any case pending in 
a court on the date of enactment of this Act to have the party's 
104 STAT. 2864 
PUBLIC LAW 101-580—NOV. 15, 1990 
rights determined on the basis of the substantive law in effect before 
such date of enactment. 
(d) NON-APPUCABILTTY.—The amendments made by the first sec-
tion of this Act shall not apply to any process, machine, article of 
manufacture, or composition of matter, an embodiment of which 
w£is launched prior to the date of enactment of this Act. 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—S. 459 (H.R. 2946): 
SENATE REPORTS: No. 101-266 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
May 1, considered and passed Senate. 
Oct. 26, H.R. 2946 considered and passed House; proceedings vacated and S. 459 
passed in lieu. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 15, Presidential statement.