April 23, 2026
Professor Elizabeth Winston, Co-Director of the
Law and Technology Institute at Catholic Law, recently participated in a Workshop on Cybersecurity on Earth and in Space at Seton Hall University School of Law. During the event, she presented her draft paper, "
Claiming Mars," which is set to be published in the
Vanderbilt Journal of Entertainment and Technology Law. The paper addresses the absence of intellectual property laws governing activities on Mars and proposes extending U.S. patent jurisdiction to U.S.-registered assets on the planet. Drawing on the flag-state principle used for ships in international waters, Winston's approach suggests a way to apply U.S. patent law to Martian activities without violating the Outer Space Treaty.