Physicist and patent attorney Mark Saunders explains why intellectual property is crucial if we are to build a vibrant commercial quantum industry
The quantum revolution is no longer a distant dream. It is unfolding right now, promising to shake up computing, communication and security on a global scale. The race to harness these transformative technologies will not, however, be determined by who succeeds in manipulating qubits – but by who can secure the ideas that make this technology possible.
Intellectual property (IP) is the currency of innovation, and in the quantum era, it will determine whether breakthroughs become valuable assets or lost opportunities. Quantum physics has already made a huge contribution to global economic growth: just think of the billions of transistors in the smartphones that we carry around in our pockets.
But the “quantum 2.0” revolution, which will exploit phenomena such as superposition and entanglement, is set to bring us entirely new kinds of devices. In fact, quantum computers are already developing so fast that they will soon complement (even if they probably won’t entirely replace) the classical computers we all take for granted.
Given the huge potential, it’s hardly surprising that many countries around the world have national quantum research programmes. The UK, for example, recently announced unprecedented levels of grant funding in this area as it enters a second – and hugely ambitious – 10-year quantum initiative. Bringing together entrepreneurs and inventors from diverse fields to develop scalable qubit architectures and quantum-secure networks, the programme is well placed to deliver a strong return on the initial investment.
Another sign of the UK government’s commitment to quantum technology, despite well-publicized cuts to other areas of physics research funding, is the SpeQtre satellite. Launched late last year as a collaboration between the Science and Technology Facilities Council, RAL Space and Singapore’s SpeQtral, it will test how “encryption keys”, based on entangled particles, could lead to ultra-secure space-based communication.
IP assets are important, being essentially government-awarded prizes that encourage innovation
For too long, though, the UK has pioneered groundbreaking achievements, but failed to turn those accomplishments into economic benefits. That’s why IP assets are so important, being essentially government-awarded prizes that encourage innovation.
When it comes to patenting quantum technologies, however, companies in the UK and the rest of Europe are falling behind competitors in the US and China. There is still time to catch up. But we risk losing out – even in our own markets – if UK businesses fail to protect their quantum innovations.
Patent protection
Despite being so counter-intuitive, quantum technologies need to satisfy the same patentability requirements as any other type of invention. They must, in other words, be new, inventive, industrially applicable, not excluded from patent protection, clearly defined and sufficiently explained.
Patent laws around the world are these days largely harmonized, although there is some divergence in how different countries assess whether an invention should be excluded from patentability. In the UK and Europe, for example, there are ways to get around patent exclusions for innovation that relates to discoveries, scientific theories, mathematical methods, business methods and computer programs.
Patent law is continually developing as it catches up with emerging science, especially in areas such as quantum computing, artificial intelligence (AI) and smart technology. The UK Supreme Court, for example, recently handed down a judgement that brought UK law up-to-date regarding how the patentability of inventions is assessed, especially those related to AI software.
Quantum algorithms can be patented by demonstrating that certain technical effects that have been achieved
When it comes to assessing patentability, quantum computing is held to the very same standards as classical computing. Quantum algorithms, for example, can be patented by demonstrating that certain technical effects that have been achieved. What’s more, guidance provided by the UK Intellectual Property Office explains that aspects of superconducting and/or photonic circuits for controlling processing and measuring qubits would likely escape exclusion.
Developments in quantum theory can be protected too, although to obtain patent protection, the patent application will need to explain how those quantum effects could be implemented by bringing together hardware that is already available today. It is worthwhile as well for patent applications that cover quantum innovation to set out the commercial opportunities that are envisaged.
Audit your assets
But it’s not all about patents. If you are looking to launch a business in the quantum sector, there are some other IP rights that are worth bearing in mind too. Registered designs, for example, can protect the appearance of products that you have created. Semiconductor topography rights can protect the design of integrated circuits, while trade marks can protect your brand, so that your business stands out from the rest of the market.
Building a robust IP portfolio is paramount for persuading investors that they should take the opportunity to support the deployment of quantum solutions
An IP audit by a patent attorney will help to identify the variety of ways to commercialize your quantum innovation, while also highlighting the risks as well as the potential opportunities too. Building a robust IP portfolio is paramount for persuading investors that they should take the opportunity to support the deployment of quantum solutions.
Remember though, that if you intend to pursue patent protection, you’ll need to file your patent application before your innovation is revealed to anyone who is not obliged to keep it confidential. Before you publish quantum physics research, you should therefore seek advice from a patent attorney, to ensure that your IP strategy aligns with your commercial objectives.
As theoretical and experimental quantum science matures into commercial applications and government industrial strategies, physicists will continue to make a vital contribution in shaping how their discoveries are to benefit our society. Together we will build a successful quantum economy.
