The idea itself
Zhao 6, Assistant Professor, City University of Hong Kong. Work described in this paper was fully supported by a Grant from the Research Grant Council of the Hong Kong Special Administrative Region, China (CityU1195/04H). (Yun, 2006, “Patent Protection in Outer Space, with Particular Reference to the Patent Regime in Hong Kong,” 14 Asia Pacific L. Rev. 161. Lexis accessed online via KU libraries)
According to the World Intellectual Property Organization Model Law for Developing Countries on Inventions, the term 'patent' is defined as an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. . 5 Not all inventions are patentable. Three substantial requirements should be satisfied for an invention to enjoy patent protection: novelty, inventive step and industrial application. It is important to see how to apply these three requirements in outer space. The third element of industrial application is easy to satisfy as long as the invention can be made or used in any kind of industry actually or constructively. . 6 Such invention need not be perfect or incapable of further improvements to constitute actual industrial application. . 7 The requirement is satisfied if the invention is useful and operable by providing a tangible benefit.