Trade Secrets are a better way to protect Quantum Innovations
Ben L. Wagner and Gerar Mazarakis, 1-8-2018, Ben is a seasoned intellectual property, advertising, and complex commercial litigator "How to Protect Quantum Computing Innovations With IP Rights", No Publication, https://news.bloomberglaw.com/ip-law/how-to-protect-quantum-computing-innovations-with-ip-rights-5 AEW [MSDI- -wk2] For technologies that cannot easily be reverse- engineered, trade secret protection is another way to safeguard innovations. This protection arises automatically and is not limited in time, lasting until the secret technology is independently discovered, reverse engineered, or disclosed by the owner.
While the protection is automatic, companies can take legal action to ensure the secret is not disclosed, including subjecting those divulging the secrets to criminal penalties. The broader subject matter and potentially unlimited years of protection for trade secrets give it a certain edge over patent protection in the eyes of many companies.
While patents generally have a life of 20 years, quantum computing is currently in its infancy, and quantum computers may not become widely commercially available for over a decade. If inventions may not reach commercial maturity during the lifetime of the patent, trade secret protection may be preferable.
In contrast, technological innovation could accelerate in the future to the point that a patent would be obsolete by the time it grants. Similarly, because a host of doctrines sometimes lead courts to limit the protection afforded by copyright law, trade secrets may be the preferable method of protecting an invention.