Quantum technology is entering a new stage in its lifecycle, leaving the lab and undergoing commercialisation. At this early stage, the question of how to translate quantum innovation into robust patent protection across different legal jurisdictions is a crucial one.
In the EU, for example, there have been exciting shifts in investment and policy across the field. Over €11bn of public funding has been funnelled to quantum in the last 5 years and an EU Quantum Act, following the Quantum declaration in 2023 and the Quantum Europe strategy adopted in 2025, is expected to be released soon. Patent activity has not yet caught up: whilst 32% of the world’s quantum companies reside in the EU, only 6% of quantum patents come from its member states.
Quantum technology poses various challenges for IP strategy. Multilayered technical systems call for multilayered approaches, and the patentability of software and algorithms can be contentious in the world of IP. Furthermore, there is still considerable uncertainty about which technical architectures or business models will persist which casts doubt over what is most beneficial to seek protection for.
On 15th July, Partner Edd Cavanna and Technical Assistant Daniel Speed from our Quantum team took part in a webinar with the IP Business Academy, sharing their expertise on protecting quantum innovation across the stack. Click the video below to watch the full webinar or read on for an overview of their insights.
Determining what is patentable
Quantum inventions are highly complex, constituting an entire protection landscape rather than a single protectable entity. Sifting through hardware architectures, control systems, protocols, manufacturing processes, software and mathematical methods, and enabling technologies to determine the core of the patent application may seem a daunting task.
The most crucial requirement for patentability arises under ‘inventive step’ (in Europe at least). This means that the invention must not be obvious to a person skilled in the relevant field; it must be novel, in other words, demonstrate a notable difference in comparison to prior art; and critically it must solve a technical problem.
The protectable contribution may arise at different levels, requiring different kinds of scientific understanding and different approaches to IP protection. Quantum computing hardware and control, quantum software, quantum simulation in chemistry and life sciences, quantum communication, post-quantum security migration, quantum sensing, timing and metrology, quantum enabling technologies and supply chains, and more, can all be treated as their own unique areas with different underlying strategies, both commercial and IP-related. Patentability hinges on the characterisation of the invention, the expression of its technical contribution and the jurisdiction in which protection is sought.
With quantum hardware, it can be clear what aspect solves a technical problem, such as a technological advancement which enhances coherence, system stability or noise reduction. In comparison, in UK and European IP law, as well as other jurisdictions, there is more contention over whether software is patentable. The multitude of abstract concepts in quantum demands careful thought.
Academics and scientists often have preconceptions about what an invention should be that differ significantly from what an invention looks like within the context of intellectual property. The most obvious or scientifically interesting feature may not always be the most patentable; that could be a lower-level technical detail, like a solution for laser stabilisation or a UHV engineering fix, hidden behind the quantum protocol which the scientific paper is built around. It is important not to overlook the improvement which makes a quantum system possible when focusing on the scientific result.
Framing the technical contribution
The complex requirements behind patentability are where patent attorneys and external IP counsel come into play. You may think of an invention as something objective; however, IP offices and courts hold specific opinions over what can be protected. A large part of what patent attorneys do is framing the invention or technical contribution in the right way to achieve protection.
Strong invention storytelling transforms highly complex scientific ideas into something concrete and convincing which can be patented, connecting the technical contribution of an invention to its commercial relevance and strategic value. And by staying abreast of the legal systems around the world, patent attorneys know what works in each specific jurisdiction.
Defining your business goals
Beyond the scientific facts behind the technology, it is also vital for patent attorneys to understand a company’s business plan and goals, information which scientists or academics may not initially deem relevant when talking to IP counsel.
It is not just about whether something is patentable or spending money to patent everything, but whether the patent will be valuable for your business. Apart from protection, patents play an important role in attracting investors and can also be licensed for additional revenue.Therefore, a forward-looking IP strategy, expertly crafted and commercially minded, is essential. Furthermore, applying for a patent can involve a certain level of risk. If an invention does not get granted, it will likely still be published, disclosing any technical details.
Therefore, IP strategy is an exercise in prioritisation. Patent attorneys can conduct ‘invention mining’ to determine which features are likely to succeed, as well as which features support the product roadmap and future competitive position.
Collaborating through IP
The multi-faceted nature of quantum innovation means companies must coordinate protection across the entire quantum stack to achieve a coherent protection architecture. However, it may not be necessary or possible to have sole ownership over every aspect of the quantum innovation.
Crucially, patents can be a collaborative tool as well as excluding competition. Companies can license patents to each other or initiate joint ventures, facilitating the accessibility of core technology and creating additional revenue streams. In the field of AI, for example, a form of symbiotic relationship is arising between companies: the chips are designed to run what the AI companies are generating, driving developments in the chips, and the chip manufacturers determine how the AI companies can best structure their algorithms to be most efficient. Similar feedback cycles may start to occur across the quantum industry, such as algorithm companies feeding back to hardware developers.
Thus, the multi-faceted nature of the quantum industry does not necessarily result in individual endeavours to gain patent protection for every single aspect in a stack, but may instead create a landscape of collaboration between a lot of diverse entities.
Talking to IP experts
As an inventor in the quantum field, it is important to think beyond the pure scientific technicality of a quantum invention. Crafting an effective IP strategy involves considering multiple factors, such as patentability requirements under country-specific IP law and commercial tactics. The quantum field may be complex, but the fundamentals of IP strategy remain the same: protect what supports the product, business model and intended market position.
At Mathys & Squire, we close the research-to-patent gap in quantum technology. Our patent attorneys can help you dissect your innovation and achieve protection which aligns with your business needs. Combining technical expertise in the quantum field and extensive IP experience, our attorneys understand how the facets of a quantum invention interact with the legal requirements operating in different patent systems across the globe.
To get in contact with our quantum patent attorneys, click here.
