It’s territorial—and yes that means not outer space
Zhao 6, Assistant Professor, City University of Hong Kong. (Yun, 2006, Patent Protection in Outer Space, with Particular Reference to the Patent Regime in Hong Kong, (2006) 14 Asia Pacific L. Rev. 161. Lexis accessed online via KU libraries)
As mentioned above, intellectual property law is territorial in nature. No protection will be provided outside national boundaries, and of course not to the non-sovereignty area of outer space. Then, the problem arises as to whether inventions patented on earth enjoy protection when applied in outer space (referring to categories (c), (d) and (e)). The IGA resolved the issue in a restricted sense: for purposes of intellectual property law, national jurisdiction shall extend to a specific part or a flight component of the ISS itself.