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Quantum technology is advancing rapidly, but protecting innovations in this field with patents can be challenging. Here's how you'll be on the safe side:
A key legal issue arises in so called quantum as a service business models where customers buy access or compute time on a quantum computer that may be located in other jurisdictions.
Let's say your company invented a new quantum hardware component or a new method for manipulating qubits.
If your competitors use your invention outside the jurisdictions where you intend to obtain patent protection for your invention, your – let's say European or US patent – might seem ineffective to prevent such use. However, there are ways to draft such patents that may still allow you to enforce them against such business models of your competitors. For instance, when you're drafting a European patent application for a quantum computing invention, you should make sure your patent claims are drafted in a way that covers data processing methods, even for hardware inventions. In this case, the derivative product protection codified in Art. 64 (2) EPC may still allow you to enforce your EP patent against competitors that offer QaaS to customers in Europe from outside of Europe.
Similarly, a US patent should be drafted with relevant US case law in mind. Which may differ substantially from European practice. So, to protect your quantum computing innovations, it's not only important to fully understand the technology, but also to know the relevant patent law – or get in touch with us. This way you'll be able to obtain enforceable patents for your invention.
For more insights on intellectual property, follow our channel. We provide similar quick tips and detailed IP insights on a regular basis to help you navigate the complex world of patents, especially in cutting-edge fields like quantum computing and artificial intelligence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
