Clarity around patents will do two things – first, it will allow more patents to be filed. Second, it will eliminate the competition surrounding patents.

The rate of patenting in quantum computing is escalating, mirroring the rapid growth of the sector. As manufacturers begin to introduce commercially viable quantum computers that outperform classical counterparts and generate substantial revenue, they will begin to become targets for patent assertions, making the competition in the realm of intellectual property increasingly relevant.

Patents concerning the physical realization of quantum computers are potentially influential as they encompass foundational technologies utilized across the entire industrial chain that are often easy to detect and hard to design around. Yet, patents specifically targeting physical realization modalities of quantum computers account for a small fraction (less than 10%) of all quantum computing patents. The volume of patent applications for most modalities is still modest compared to more established industries. This relatively open field presents unique opportunities for companies to secure broad and impactful patents.

Even for inventions not centered on a specific physical realization of quantum computers, detailing hardware features can be advantageous. Such disclosures not only fulfill the requirement for an enabling written description but also provides options for effectively differentiating prior art that lacks corresponding disclosures. Disclosures as to how higher-level techniques or applications can be adapted or optimized for particular physical realizations becomes particularly valuable in this context, offering strategic benefits in highlighting the patent’s novelty and positioning the patent for potential assertions.

Patent data reveal disparate maturity levels among quantum computing modalities. Superconducting technologies show a lead of two to three years over other key approaches like photonic and trapped-ion technologies. Concurrently, emerging fields such as neutral atom quantum computing are seeing a rise in patent activities. In a field rife with uncertainty, where the future might favor a single modality or foster the coexistence or integration of multiple ones, this varied patent landscape becomes a critical factor in strategic patent planning. While securing robust patent protection in the leading modality is vital for success, investing in lesser-protected areas could yield disproportionately high returns.

The patent data also underscores intense global competition in quantum computing, with the United States leading in patent applications for all key modalities, yet often holding a smaller share than the combined total of China and Europe. Given the perception of quantum computing as a matter related to national security, companies may encounter regulatory hurdles in entering certain markets. In response, they might consider patent licensing as an alternative revenue source in inaccessible markets. In such cases, target licensees will gain considerable leverage if they are capable of counter-asserting patents in competitors’ home markets. Consequently, it may be strategically beneficial for companies to seek patent protection not only in their operational markets but also in the home countries of their primary competitors.