Lunar settlement is an ambition of multiple space agencies, including NASA, the European Space Agency (ESA), and China National Space Administration (CNSA). As discussed in our previous viewpoint, 3D printing is expected to be a primary mode of extraterrestrial construction, with the development of technology for delivering and using a 3D printer for additive manufacturing of structures on the moon underway. As countries compete to create proprietary materials for printing on the moon, patent applications filed worldwide identify the challenges and progress underway.
Recent Examples of Materials Developed for Building on the Moon
To avoid hauling Earth-based materials to the moon, many approaches have focused on how to print using lunar regolith, the unconsolidated debris covering the lunar surface. An ESA patent discloses a method of using concentrated sunlight beams to melt deposition material in the additive manufacturing process, which will be applied to lunar regolith to form bricks.
Initially, early studies indicated that the addition of a binding salt would be necessary to solidify the printed structure. One unexpected material for 3D printing on the moon was discovered: human urine. ESA research showed that mixing urea with simulated lunar regolith could improve the quality of lunar concrete. Since each lunar resident would generate 1.5 L of liquid waste daily, the lunar concrete could be made from materials already on the moon.
A Chinese patent application filed by China’s Beihang University cited the European study in its background section, emphasizing the need for improved methods for preparing simulated lunar soil. The Chinese patent application directs attention to an important issue in the testing realm: the material storage method. Typically, single-temperature storage is used for materials that simulate lunar regolith. However, the wide temperature swings experienced on the moon may significantly affect material properties and must be considered.
The Chinese patent application also touches upon radiation as a consideration for optimizing material properties. Stratasys, an American-Israeli additive manufacturer, will send 3D-printed materials to the moon for experiments conducted in a commercial space testing service developed by Aegis Aerospace as part of NASA’s Tipping Point program. One of the sample coupons will be made with tungsten, which is intended to provide shielding from harmful radiation. Stratasys has a patent claiming a method of printing a radiation shielding part, which the specification describes as useful in low-pressure or vacuum environments such as outer space.
Moonshot Innovations Need International Patent Protection
While the developments described above are specific to construction in outer space, international collaboration and competition in technical advancements are not. As such, anybody participating in the global marketplace must become familiar not only with U.S. patent law but also with the patent laws in effect in other countries. Getting a patent in one country does not result in protection in other countries, so a patent applicant must consider filing in multiple countries.
Typical countries to include are those where an invention will be made, offered for sale, or used. An international application filed under the Patent Cooperation Treaty (PCT) can sometimes consolidate the efforts and expenses associated with pursuing international patent protection.
Essential to keep in mind, especially in an era ripe with transnational collaboration, is the obligation in certain countries to file a local patent application on inventions made in-country before filing international patent applications unless a foreign filing license is obtained. The U.S., China, Russia, and select European countries have foreign filing license requirements. In some European countries, this requirement pertains to all individuals from that country rather than the location of the invention. The penalties for failing to comply with these requirements can range from forfeiture of patent rights to monetary penalties to possible criminal liability.
Moreover, for those who intend to head off the planet, escaping the atmosphere does not necessarily equate to escaping the reach of patent law. The Patents in Space Act of 1990 states that any invention made, used, or sold in outer space on, for example, a spaceship under the jurisdiction or control of the U.S. is considered to be made, used, or sold on U.S. territory with exceptions for international agreements and registrations. Germany has also modified its patent law to ensure that its patent law can, in certain circumstances, apply in outer space.
In short, international competition is not limited to the space race, and being savvy about international patent protection is critical for inventive astronauts and Earthlings alike.
Kate Nuehring Su is a partner and patent attorney at the Chicago-based intellectual property law firm Marshall, Gerstein & Borun LLP. Ria Patel is a patent agent at Marshall, Gerstein & Borun LLP and a rising 1L at Duke University School of Law.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney. Views expressed are those of the author and are not to be attributed to Marshall, Gerstein & Borun LLP or any of its former, present, or future clients.
