What can patent filing statistics tell us?
A patent is a legal right which provides exclusivity over an invention. To be granted a patent, the invention must be novel and inventive. Generally speaking, patent filings reflect what is new in the field: new to world developments in technology not previously disclosed to the public. While patents can provide or support revenue streams, obtaining and maintaining patent applications comes at a financial cost. As such, patent activity is a proxy for appetite from space tech players to bear those costs to support their business. Patent filing statistics are useful indicators of the priority areas in which commercial value resides by justifying the patent spend, and areas of technological development in a sector. Patent filings provide insight into the amount of innovation, investment, and competition in a sector, on top of indicating who the active players are.
Value from IP – top tips
1 Understand the IP landscape in the space sector
What have your competitors been doing with their IP? Where is the focus? Hardware? Communications protocols? Reading this report is a good start!
2 Develop an IP “culture” in your business
A business in which everyone understands that there is an IP process running, and how they should actively engage with it, is likely to capture their IP assets. Whether those assets are pursued to registered protection is another question that rightly relies on the operation of the space sector. If IP is not captured, it cannot be considered.
3 Create and establish a brand
Before you build a space tech brand, are you aware what’s out there already? It’s critical to check that, for example, a potential trade mark is available for use in the space sector prior to investing resources. Trade mark registrations can be maintained indefinitely so it pays to do the due diligence at the outset.
4 Plan for your IP
IP registrations and their maintenance are not a one-time cost. Understanding cost implications of a particular IP strategy at the outset is important. Careful consideration of the lifetime costs will allow you to focus on supporting the most important areas of your business with IP.
5 Focus your budget on keystone IP for your important assets
What gives your business its commercial edge? Is it downstream data output? The robotic arm? The refuelling nozzle? Ensure the IP aligns with the technology and branding that your business could not do without. Ensure your IP corresponds to the revenue generation. Consider how you protect the non-essential “nice to haves".
6 Keep your secrets secret
Keeping proprietary information within your business could be critical to protect against copyists. Are you recording your trade secrets – your know-how? How is your source code and CAD stored and access-controlled? What about your ANN training data? Your business should be clear on what exactly you regard as confidential know-how and pitfalls of misusing it.
7 Ensure your IP portfolio reflects your ambitions
Can you explain what your IP portfolio includes? Can you explain why your portfolio is as it is and why it’s space sector relevant over the coming years? Investors will be interested in this explanation and justification. When compared to your competitors, what are your IP strengths and weaknesses? Can the weaknesses be addressed? Do you know where your IP protects your products – actual and potential?
8 Ensure your IP geographically aligns with your business and your industry
IP registrations are geographically limited. Focusing your IP in key jurisdictions is one way of maintaining cost control. In space tech, there is a broad range of important countries – some rationalising will be necessary. Consider where investors will see importance. Keeping options open is often an attractive investment proposition.
9 Use Freedom to Operate (FTO) to your advantage
If you’re looking for investment or acquisition, are potential investors or acquirers taking on an FTO risk? Do you know, even preliminarily, whether you are open to any infringement risks? Conversely, do you have any insight into whether or not you own IP that may be an infringement risk for your competitors? The answers will form part of a complete awareness of the space tech IP landscape when it comes to your activities specifically.
10 Understand where your IP can get you access
IP can weigh in your favour during, for example, a licensing negotiation or a funding application. More favourable terms might be available to you, as owner of pertinent space tech IP. IP ownership may also contribute to entry to some patent initiatives (e.g. WIPO Green), with the consequent visibility of your business to potential investors and collaborators.
"The space technology sector is a massively growing field, with lots of different industries all falling under the space technology umbrella."
© 2025 Mewburn Ellis
