Is space pharma the next big thing? In 2017, Merck demonstrated the value of conducting pharmaceutical R&D in space by growing crystals for its blockbuster Keytruda antibody drug on the International Space Station (ISS).
While intravenous formulations of Keytruda are reportedly set to go off-patent in 2028, injectable formulations of Keytruda could remain patented until 2036 and beyond. Even taking into consideration the upfront-costs associated with launching experiments into orbit (which costs are still high, but going down all the time), the Keytruda success story suggests that space R&D could be more than worth the investment. Those astronomical projections, however, all take as their foundation the fundamental assumption that Merck (and others who would invest in space technology) will be able to own and commercialize their technology, regardless of whether such technology is developed and applied on Earth or in space. So, is intellectual property developed in space patentable?
LINKS
Read “The Blake Brief: A Hitchhiker’s Guide To Patent Law In Outer Space,” co-authored by John E. Wehrli, published by SatMagazine.