Guest Post: Why IP Strategy Matters Early in Quantum Computing
Guest Post by Gemma Martynwood
In quantum computing, intellectual property (IP) strategy is becoming increasingly important as businesses navigate rapid technological development, evolving commercial models and complex collaboration structures. As a result, IP considerations need to be addressed early and revisited regularly.
Founders should understand what needs to be kept confidential from day one, to avoid inadvertently harming the ability to get widespread patent protection. Early awareness of, and advice on, IP can significantly strengthen a company’s position down the line, when IP is scrutinised in due diligence by investors or during an acquisition. Decisions taken at an early stage can therefore have lasting implications for the strength and value of a company’s IP portfolio.
Over the next five to ten years, there is likely to be a huge transformation in quantum computing. Businesses in the sector may therefore need to think carefully about how their IP strategy aligns with both their current position and their longer-term commercial objectives. At an earlier stage within this timeframe, it may be appropriate to have an IP strategy with a greater focus on ensuring clarity in collaborations and attracting investment. However, at a later stage, there may be an increased emphasis on protecting market share and enforcing IP rights against competitors.
IP strategy should be suitable for a company’s stage of commercialisation. A one-stage-fits-all approach is unlikely to be optimal, particularly in a sector where both the technology and the commercial landscape are continuing to evolve. What is appropriate for an early-stage business focused on research and development may not be suitable for a company bringing products and services to market at scale.
Collaboration can be vital to unlock progress in quantum. To get the maximum out of collaborations and avoid surprises later, participants should clearly define the IP they are bringing to the table, the so-called background IP, as well as who owns, and what can be done with, jointly developed foreground IP and any tangible or intangible outputs of the project. Establishing clarity at the outset can help participants better understand their respective rights and responsibilities as projects progress.
If any of the background IP is needed to use foreground IP that a party is intending to commercialise, it will be essential that the party has the rights to use that background IP. These issues can become particularly important where multiple parties are contributing technology, know-how or research capabilities. Addressing ownership and usage rights early can help reduce uncertainty later in the commercialisation process.
There are multiple forms of intellectual property protection to consider beyond patents, including trade secrets, trade marks and copyright. Trade marks can protect brand identity, while copyright can be used to protect computer code. Different forms of protection may be appropriate for different aspects of a business’s innovation and commercial strategy.
Trade secrets in particular can provide valuable protection for inventions that are difficult to detect, such as manufacturing processes, or for incremental improvements. In some cases, maintaining confidentiality may provide practical advantages where disclosure through patent filings may not be commercially desirable. Deciding which form of protection is most appropriate will depend on the nature of the innovation and how the business intends to commercialise it.
While the temptation may be to focus squarely on core technology, there can also be value in protecting innovation beyond core components. This may include interfaces that enable core components to interact with other parts of a working product. Supporting technologies and enabling systems may form an important part of a commercially successful product and can therefore also warrant careful consideration from an IP perspective.
Quantum computing faces particular challenges around error correction, noise and scalability, and IP relating to these issues may be especially valuable given the barriers they present to successful and large-scale commercialisation. However, businesses should also consider how rapidly the technology is likely to evolve and how easy it may be to design around when weighing up patent protection against other forms of protection, such as trade secrets.
It is also important to ensure that patent entitlement is robust from the outset. Patents and patent applications should list the correct owners and inventors, and the owners should have the rights to the invention at the time the patent application is filed. Ensuring these issues are dealt with correctly at an early stage can help avoid significant difficulties later.
If these issues are not correctly handled at the time of filing, it can be extremely costly and sometimes impossible to rectify later. This can undermine the enforceability of the IP and reduce the attractiveness of a business to investors. In a sector where IP may form a significant part of a company’s value, certainty around ownership and entitlement can be particularly important.
As quantum computing continues to develop, businesses will need to ensure that their IP strategy evolves alongside both the technology and the commercial environment. Whether through patents, trade secrets, copyright or carefully structured collaboration arrangements, IP is likely to remain a central consideration for businesses seeking to protect innovation and support long-term commercialisation in the sector.
About Gemma Martynwood, partner, UK and European Patent Attorney
Gemma’s practice is focused on original drafting and prosecution work. She particularly enjoys working directly with clients to obtain high quality patent protection for complex technology.
Gemma’s work covers a diverse array of technical fields including software, AI, photonics, electronics, telecommunications, quantum communication and mechanical devices. She has extensive experience in display technologies including quantum dots, holography, electrowetting and microfluidics.
Gemma’s background is in physics, with a particular interest in particle and quantum physics. Prior to joining EIP, she completed a DPhil and postdoctoral fellowship on the search for the Higgs boson at the Large Hadron Collider at CERN in Geneva, Switzerland.
About EIP
EIP is an intellectual property firm specialising in patents and litigation across Europe and the US. It combines patent attorney and legal expertise to support clients with drafting, prosecution, enforcement, and dispute resolution for technologies including AI, software, semiconductors, and quantum computing.
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