China has emerged as a leading force in the global space race, making notable advances in both space exploration and technology development over recent years. Following the release of its national mid- and long-term development programme for space science in October 2024, China significantly increased its pace of space activities. In 2025, the country carried out 92 space launch missions, marking a 35 percent rise from the previous year. Among its achievements, China’s Tianwen-2 probe became the first to capture images of Kamo’oalewa, a quasi-satellite orbiting Earth.
On the intellectual property front, China led global patent filings under the Patent Cooperation Treaty in 2025, surpassing the United States, which ranked second. This surge highlights China’s growing emphasis on securing technological innovation amid intensifying international cooperation and competition in space technology. The increasing integration of Chinese-patented technologies into global infrastructure may pose strategic challenges, particularly in the context of the International Lunar Research Station project, a joint initiative involving China, Russia, and several developing nations.
Patent law plays a critical role in fostering innovation by granting inventors exclusive rights to their creations for a limited period. However, the protection of patents can be complicated by jurisdictional issues in space-related technologies. Chinese stakeholders have expressed concerns that current legal frameworks may undermine domestic patent protections if rights can be circumvented through technical or geographical means beyond China’s reach.
In contrast, U.S. legislation extends patent protections to inventions made, used, or sold in outer space by entities under American jurisdiction or control. Section 105 of Title 35 of the United States Code effectively treats space-based activities by U.S. parties as occurring within U.S. territory. The definition of “control” remains broad and is ultimately interpreted by U.S. courts, which have also held that supplying patented components for use in space abroad may constitute infringement. These provisions enhance the value of U.S. patents and incentivize Chinese companies to file patents in the United States.
Nevertheless, U.S. law permits the government to use or manufacture patented technologies without the patent holder's consent, a factor seen as potentially detrimental to Chinese interests. This legal environment makes extraterritorial application of Chinese patent laws a strategic imperative for China’s innovation ecosystem. By extending legal protections beyond its borders, China aims to bolster confidence among domestic innovators and support its ambitious aerospace objectives.