Quantum Computing — Part 2: Intellectual Property in the Quantum Age

Authors: Vilhelm Schröder, Joel Ettanen Read time: 4 min

The Patent Landscape

Patents are of pivotal importance for protecting innovations throughout the quantum industry. When it comes to technology, three areas stand out as particularly significant. Quantum computing encompasses the development of hardware, software, and algorithms that harness quantum mechanical phenomena to perform calculations beyond the reach of classical computers. Quantum communication covers technologies that use quantum principles, most notably quantum key distribution to transmit information with a level of security that classical encryption cannot match. Quantum sensing refers to the use of quantum effects to achieve measurement precision far exceeding what conventional sensors can deliver, with applications in medical imaging, navigation, and environmental monitoring. Beyond these application areas, the physical infrastructure surrounding quantum computers from cryogenic cooling systems and control electronics to error correction architectures and quantum chip manufacturing processes represents a further and substantial source of patentable innovation.

Against this backdrop, the global patent landscape tells a striking story. Although the EU is home to approximately 32% of the world’s quantum technology companies, ahead of the United States at around 25% and China at roughly 5%, EU-origin inventions account for only 6% of quantum-related patents filed worldwide. China leads the race with 46%, followed by the United States at 23%. This gap between company presence and patent output suggests that European quantum businesses have significant room to strengthen their IP positions. There are, however, encouraging signs: the number of quantum technology patents filed in the EU doubled between 2021 and 2024, indicating a growing awareness of the strategic importance of IP protection in this sector. Finland stands out in this regard even at the global level; according to a study by the European Patent Office and the OECD, Finland ranks fourth in Europe in patent applications related to quantum technology, a remarkable achievement for a country of its size and a reflection of the strength of its quantum ecosystem.

As described above, the opportunities for patenting in the quantum technology space are quite broad. At the same time, the field presents a distinctive challenge: quantum technology is evolving at a pace that can outrun the patent lifecycle itself. An invention that represents the cutting edge at the time of filing may be superseded before the patent is even granted, and granted patents may lose commercial relevance well before their term expires, raising important questions about how companies should prioritise and structure their IP investments. Despite this challenge, the sheer volume of patent activity in the sector is telling: quantum technology has already generated an extraordinary number of patent applications globally, reflecting the competitive intensity of the race for IP ownership and the growing recognition among both established players and emerging companies that securing patent rights early is a critical component of long-term positioning in the quantum market.

Guarding Quantum Innovation Through Trade Secret Protection

Given the pace at which quantum technology evolves and the uncertainty over whether patents will retain their commercial relevance over time, trade secret protection should be seen as a compelling complementary strategy for companies operating in this space. Unlike patents, which require public disclosure of the underlying invention and are subject to fixed terms, trade secrets can in principle be protected indefinitely, provided the information remains confidential, retains its commercial value and reasonable steps are taken to maintain confidentiality. In the quantum context, trade secret protection is particularly well-suited for technical processes, innovations that are difficult to reverse-engineer, and the accumulated operational know-how that gives a quantum system its practical performance edge. For companies navigating a technology landscape that is moving faster than the patent system may be able to comfortably accommodate, trade secrets offer a form of protection that is both flexible and durable.

Maintaining that protection in practice, however, requires deliberate and sustained effort. Companies developing quantum technologies should start by mapping their confidential information systematically, identifying which technical processes and operational methods constitute genuine and valuable trade secrets worth protecting. Access to sensitive information should be strictly limited on a need-to-know basis, with robust confidentiality agreements in place for employees, contractors, and research partners. As quantum computers grow more powerful, they will also fundamentally challenge classical encryption, making it critical for companies to begin adopting encryption methods that are designed to withstand the capabilities of quantum computers to protect their own confidential information from future threats. Taken together, a well-designed trade secret protection programme is not merely a legal formality but an operational discipline that must be embedded into the way a quantum technology company operates from the ground up.

Closing Remarks

For companies operating in or entering the quantum space, the strategic implications are both immediate and far-reaching. Building and protecting a robust IP portfolio from an early stage is one of the most critical steps a quantum company can take to secure its competitive position, attract investment, and establish defensible market advantages. Equally important is staying ahead of the rapidly evolving policy landscape in order to navigate regulatory compliance, access public and private funding, and understand the rules that govern market participation. Companies that treat IP strategy and regulatory awareness not as afterthoughts but as core business priorities will be best positioned to capitalise on the transformative opportunities that the quantum era presents. The quantum revolution is no longer on the horizon — it is underway, and the decisions companies make today about their intellectual property will shape their ability to compete tomorrow.