July 21, 2025 • 31 mins
Quantum computing stands at the precipice of transforming our world—and the legal frameworks protecting this revolutionary technology are racing to keep pace.
Dive deep into the realm where quantum physics meets intellectual property as we explore how these powerful machines are already solving problems classical computers can barely touch. From accelerating drug discovery and designing next-generation batteries to optimizing traffic systems and revolutionizing artificial intelligence, quantum computing isn't just theoretical anymore. It's real, it's practical, and it's raising profound questions about who can own these breakthroughs.
We unpack the landmark Ex Parte Gao case, where the US Patent Trial and Appeal Board recognized a quantum algorithm as patentable technology rather than dismissing it as an abstract mathematical concept. This decision signals a pivotal shift in how patent offices might evaluate quantum innovations, creating a pathway for protecting quantum algorithms when they're tied to hardware implementation and technical outcomes.
Through a global tour of quantum IP approaches, we reveal how different countries are positioning themselves in the quantum race. China leads in quantum communication patents, Europe welcomes technically-implemented quantum inventions, while nations from Brazil to Kenya are building capacity to support future quantum ecosystems. For inventors and entrepreneurs, we share practical strategies for securing protection. Frame your quantum innovation as a technical solution, tie algorithms to hardware steps, and demonstrate concrete improvements over classical methods.
Beyond patents, we explore emerging collaborative models, such as cross-licensing agreements and potential quantum patent pools, that could accelerate innovation while reducing legal friction. Universities, startups, and global tech leaders are all navigating this rapidly evolving landscape, making strategic decisions about what to protect, what to share, and how to build sustained competitive advantage.
Join us as we decode the invisible laws shaping the quantum revolution, one qubit at a time. The future of computing and perhaps our world, depends on getting this intersection of breakthrough science and intellectual property right.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
you build something incredible A quantum algorithm
that helps real machines solveproblems classical computers can
barely touch.
Suddenly complex equations turninto cleaner energy models,
faster drug discoveries, bettertraffic systems and, yes, even
faster, smarter artificialintelligence.
Because quantum computing couldspeed up machine learning,
optimize neural networks andprocess massive data sets.
(00:23):
That would take classicalcomputers days or weeks.
But would this life-changingtech be protected under
intellectual property?
Would it be freely available orshared among experts to build
something better together?
Today, on Intangiblia, weexplore how quantum computing is
moving from the lab to reallife and how the future is being
shaped, one qubit at a time.
(00:43):
The future is being shaped onequbit at a time.
Speaker 2 (00:47):
You are listening to Intangiblia, the podcast of
intangible law, playing talkabout intellectual property.
Please welcome your host.
Speaker 3 (00:57):
Leticia Caminero.
Hello and welcome back toIntangiblia, where we decode the
invisible laws behind theworld's most powerful ideas.
I'm Leticia Caminero, your host.
We decode the invisible lawsbehind the world's most powerful
ideas.
I'm Leticia Caminero, your host.
Today's episode takes us to theedge of innovation, where
science fiction is becomingscience fact.
Speaker 1 (01:16):
We're talking about quantum computing not just
theory, not just hype, but realtechnology already reshaping how
we approach security, medicine,energy and even artificial
intelligence.
Hi and I'm Arti Misa, yourpositively entangled AI co-host.
(01:37):
I promise to keep the jokessuper positioned and the facts
spin aligned.
Speaker 3 (01:44):
If anything collapses into confusion, just blame
quantum decoherence.
To confusion, just blamequantum decoherence.
We're talking about simulatingquantum systems to accelerate
drug discovery, like identifyingnew compounds for Alzheimer's
or antibiotic resistant bacteriafaster than ever imagined.
Solving the electronicstructure problem to design next
generation batteries such as alithium, air and solid-state
batteries, promising ultra-highenergy density and
(02:06):
near-continuous power forelectric vehicles, satellites
and remote infrastructures.
Speaker 1 (02:11):
Performing high-accuracy molecular dynamics
to predict protein folding forlife-saving treatments, as in
DeepMind's AlphaFold models nowbeing explored through quantum
accelerated refinement.
Modeling climate and fluiddynamics to improve long range
forecasting.
Speaker 3 (02:28):
Supporting global systems like Copernicus and NOAA
in predicting extreme weatherevents with atomic level
precision optimizingcombinatorial problems for use
in real-time traffic routingthink FedEx or Uber freight
smart energy, grid managementand financial portfolio
optimization, like JP Morgan'swork on quantum Monte Carlo
(02:51):
simulations Enabling quantumsecure communication through
quantum key distribution systemsalready deployed in Chinese
misused satellite and Europe'squantum internet alliance.
Speaker 1 (03:05):
Running quantum enhanced machine learning for
drug target identification,fraud detection and large scale
data classification.
Powering platforms likeXanadu's Penny Lane and IBM's
Qiskit and tacklingcryptographic challenges such as
factoring large primes orsimulating quantum resistant
algorithms.
Pressuring security systemsworldwide to prepare for
(03:27):
post-quantum encryptionstandards.
Speaker 3 (03:31):
And at the intersection of all of this sits
artificial intelligence.
Quantum computing coulddramatically accelerate AI by
optimizing deep learning models,reducing training times for
massive datasets and enablingentirely new architectures like
quantum neural networks.
Ai systems that today take daysto train might soon evolve in
(03:52):
hours, with greater accuracy,fewer researches and
exponentially more potential.
Speaker 1 (03:59):
Quantum computing isn't just a concept.
It's already being engineeredinto tools targeting some of the
most complex and criticalcomputational challenges
humanity faces, including thefuture of intelligence itself.
Speaker 3 (04:11):
And where there's powerful tech, there's
intellectual property.
If quantum computers can solveproblems, classical ones can't.
Who owns the breakthroughs?
Can you patent something builton probability?
And how do legal systems builtfor nuts and bolts handle
machines that don't alwaysfollow classical logic?
Speaker 1 (04:32):
That's what we're exploring today the legal
puzzles, the case law that'schanging the game, and the bold
ideas shaping how IP mightevolve in a quantum powered
future.
Speaker 3 (04:43):
Before we jump in, a quick reminder Artemis and I,
while delightful and unusuallypersuasive, are powered by
artificial intelligence.
Any legal opinions we offer arepurely for educational fun, not
legal advice.
All right, let's break it down.
What exactly is quantumcomputing, and why is everyone
(05:04):
suddenly obsessed with it?
Let's start with the basics.
Classical computers, like theone you're using to listen to
this podcast, processinformation using bits, zeros
and ones.
Every app, every photo, everyemoji is just a long sequence of
those two numbers.
Everything runs in a straightline yes or no, on or off.
(05:25):
But quantum computers usesomething completely different
qubits.
And qubits don't like to picksides.
Thanks to a strange little ruleof quantum physics called
superposition, a qubit can be azero and a one at the same time.
It's like trying to flip a coinand have it land on both heads
(05:49):
and tails until you look.
Speaker 1 (05:51):
Or better yet, imagine Schrodinger's cat.
Classic quantum thoughtexperiment.
You put a cat in a box noanimals harmed, we promise and
rig it.
So there's a 50-50 chance it'seither alive or not, based on a
quantum event.
Now here's the weird part Untilyou open the box, the cat isn't
just one or the other.
In quantum theory it's in asuperposition, both alive and
(06:12):
not at the same time.
Only when you look do youcollapse the state and force the
universe to decide.
Speaker 3 (06:19):
In a quantum computer , that same idea applies to data
.
A qubit holds multiplepossibilities at once, and when
you run a quantum algorithm, itdoesn't test each option one at
a time.
Like a classical machine, itexplores many paths
simultaneously and then, whenyou measure the result, you get
(06:39):
the best answer based on allthose probabilities.
Speaker 1 (06:44):
And that's what makes quantum computing powerful.
It's not just faster, it'sfundamentally different, like
switching from a bicycle toteleportation.
Speaker 3 (06:53):
This unlocks wild possibilities.
Quantum machines could simulatemolecules for drug discovery,
model the climate with atomicprecision or optimize entire
power grids in seconds.
Speaker 1 (07:06):
Even your local pizza delivery route could get a
quantum upgrade.
Imagine always getting thefastest delivery, even during a
storm, on a Friday in rush hour.
That's the dream.
Speaker 3 (07:20):
But here's the legal twist.
Quantum computers don't justchallenge physics, they
challenge the law.
Because when someone invents aquantum algorithm, a new quantum
device or a way to fix noisyquantum data, how do we protect
that invention?
Can it be patented like atoaster, or is it more like an
(07:42):
abstract idea, something youcan't own?
Today's quantum computers arestill a little messy.
They are powerful, but alsoprone to errors.
The term for this is noisy.
That means the results you getfrom quantum calculations can be
unstable, inconsistent or justplain wrong if you don't clean
(08:05):
them up.
This noise isn't someonesneezing in the lab.
It's tiny environmental factorslike temperature fluctuations
or electromagnetic interferencethat disrupt the fragile state
of the qubits.
Making a quantum machine usefulmeans building algorithms that
(08:26):
can work with or even correctfor that noise and that's where
a lot of innovation is happeningright now.
Speaker 1 (08:34):
Some of the most valuable work in quantum
computing isn't flashy.
It's about making today'simperfect quantum machines
actually usable, and the peoplesolving that.
They want to protect theirmethods.
These innovations arechallenging, to describe it in a
way a patent examiner can fullyunderstand.
Some of this tech is so newthat we don't even have the
vocabulary for it yet.
Speaker 3 (08:54):
That's where intellectual property comes in.
Our current IP systems,especially patents, were built
for inventions that are physical, mechanical, maybe digital, but
logical and observable.
Quantum computing, on the otherhand, operates in probabilities
, entanglement and otherphenomena that don't always fit
(09:17):
neatly into a traditionalpattern form.
Speaker 1 (09:21):
So today, researchers and startups around the world
are asking the same question IfI create something revolutionary
in quantum tech, will the lawrecognize it, will I be able to
protect it, or will I be stuckwatching someone else copy it,
just because the system can'tkeep up the stakes are high.
Speaker 3 (09:40):
This isn't just about who gets credit stakes are high
.
This isn't just about who getscredit.
It's about who gets funding,who gets access and how
innovation is shared orcontrolled on a global scale.
That's why we need tounderstand not just what quantum
computing is, but how the legalworld is, or isn't, keeping up
with it.
And in our next segment, wedive into a case that could
(10:02):
shift how quantum inventions aretreated by patent offices
around the world.
Let's move from theory toreality with a case that's
already making waves in thequantum patent world Expat Gao,
decided by the US Patent Trialand Appeal Board in 2025.
If you've never heard of it,don't worry.
(10:23):
These cases aren't famous yet,but its implications they're
huge.
Here's what happened Dr YudonKao, a quantum scientist and
entrepreneur, developed a hybridquantum classical algorithm.
The goal to solve large systemsof linear equations efficiently
, even on the noisy quantumcomputers we just talked about.
Speaker 1 (10:46):
This isn't the kind of dreamy future quantum machine
that works flawlessly In theory, this was for today's imperfect
, limited, glitch-prone devices,and his algorithm helped make
them useful, so naturally hefiled for a patent.
Speaker 3 (10:59):
But then came the wall.
The USPTO examiner rejected theapplication.
Why?
Because, according to theexaminer, the invention was just
a mathematical concept, a setof equations without a specific,
tangible application, and,under US patent law, abstract
ideas like math formulas are notpatentable.
(11:20):
Specifically, the examinercited 35 USC S18.C.
S 181, the part of US law thatdefines what kinds of things can
be patent.
Banks and abstract ideas likemath or general algorithms are
often struck down unless theyclearly show a significantly
(11:50):
more technical application.
Speaker 1 (11:54):
And let me tell you, Alice has been the heartbreak of
software inventors for a decade.
So many creative technicalsolutions have been rejected
because they're seen as justcode or theory.
Speaker 3 (12:04):
But in Dr Sao's case, he appealed.
And here's where things gotinteresting.
In early 2025, the Patent Trialand Appeal Board reversed the
examiner's decision.
That's right.
The same patent office saidactually, this does qualify as a
real patentable invention.
Why?
Because Dr Zhao's algorithmdidn't just describe math on a
(12:27):
page.
It was specifically designed towork on a quantum machine.
The patent claims includedsteps like preparing a quantum
state, applying quantum gatesand using quantum measurement to
produce a real world result.
Speaker 1 (12:43):
In other words, the board said this wasn't abstract,
it was practical.
It turned noisy quantummachines into useful problem
solvers.
That's not just theory, that'stech.
Speaker 3 (12:54):
The board even said that these steps integrate the
resetted abstract idea into apractical application.
That's a magic phrase.
It meant the invention wasn'tjust math, it was a technical
solution to a technical problem,and that's a huge deal Because
up until now, most quantumalgorithm applications got
(13:15):
lumped into the same bin assoftware math.
Speaker 1 (13:18):
Too abstract.
Try again later.
This case carved out a path.
If your quantum method is tiedto hardware and solves a real
limitation, it just might bepatentable let's zoom out for a
second.
Speaker 3 (13:34):
This is a US case and it's not binding precedent, but
it's a signal.
It shows that the system may bestarting to adapt.
Patent examiners and courts areslowly realizing that quantum
computing doesn't fit neatlyinto classical boxes.
Speaker 1 (13:56):
The case also shows something else.
How you write your patentmatters.
Dr Sal's application didn'tjust say here's a clever
algorithm.
It walked through the quantumsteps.
It framed the invention assolving a technical challenge.
It gave the board somethingsolid to work with.
Speaker 3 (14:15):
That's a lesson for every quantum inventor out there
Don't hide behind math.
Show the machine, describe theproblem.
Explain the fix.
Speaker 1 (14:26):
And a side note for the legal nerds this case didn't
just tackle subject mattereligibility, it also brushed up
against written descriptionrequirements whether the patent
explained enough detail for askilled person to replicate the
invention Spoiler.
It passed that too.
Speaker 3 (14:43):
So, to sum it up, ex parte, yudunco was the first
real sign that quantumalgorithms, when tied to
hardware and technical outcomes,can clear the US patent hurdle.
That doesn't mean it's easy,but it means it's possible.
Speaker 1 (15:01):
And in the world of quantum law possible is
practically revolutionary.
Speaker 2 (15:07):
Intangiblia, the podcast of intangible law.
Playing talk about intellectualproperty.
Speaker 3 (15:13):
So expert Sidon Kao showed us what's possible when
quantum meets the US patentsystem.
But what about the rest of theworld?
Let's take a look at how othercountries are approaching
quantum innovation andintellectual property.
First, stop Europe.
Speaker 1 (15:32):
The European Patent Office hasn't had a
headline-making court case yet,but it's quietly shaping the
rules for quantum inventions.
Through its officialexamination guidelines, the EPO
allows patents for quantumtechnologies, especially if the
invention solves a cleartechnical problem.
So if you're designing aquantum sensor, a control system
for stabilizing qubits or aquantum enhanced encryption
(15:53):
device and you frame it as atechnical solution, Europe's
doors are open.
Speaker 3 (15:59):
A great example Swiss company ID Quantique, known for
quantum cryptography.
They've successfully patentedseveral secure communication
technologies across Europe bygrounding every claim in
physical implementation.
Speaker 1 (16:14):
Now let's talk about China, a key global leader in
the development of quantumtechnology.
Over the past few years, chinahas made remarkable progress
both in scientific discovery andpatent activity.
Companies like Alibaba, baiduand government-submitted
institutions such as the ChineseAcademy of Sciences are
conducting world-class researchand filing patents across a wide
(16:37):
spectrum, from superconductingqubits to quantum cloud
platforms.
And.
Speaker 3 (16:42):
China isn't just filing, they're innovating.
In fact, China has become oneof the top jurisdictions for
quantum communication andquantum sensing patents, with
internationally recognizedachievements like the MISU
satellite for secure quantum keydistribution.
Patent protection has been animportant part of that ecosystem
(17:03):
.
The China National IntellectualProperty Administration, CNIPA,
has granted many of theseapplications and examiners have
been developing the capacity toevaluate highly technical
emerging technologies.
Speaker 1 (17:18):
While no major court cases have publicly tested these
patents yet the infrastructureis in place.
China has clearly recognizedthat protecting intellectual
property plays a critical rolein supporting high-tech
entrepreneurship and long-termresearch investment.
Speaker 3 (17:34):
And that matters not just for China, but for the
global community, because whenmore countries contribute to the
quantum ecosystem, we all moveforward.
Speaker 1 (17:43):
Let's head to India, where Section 3K of the Patent
Act has traditionally excludedmathematical methods and
software per se.
That includes quantumalgorithms, unless they produce
a technical effect.
But in 2019, the Farad Alanicase opened the door a little
wider.
The Delhi High Courtacknowledged that software, and,
(18:05):
by extension, quantum computing, could be patentable if it
leads to a technical advancement.
Speaker 3 (18:12):
Indian innovators have since begun framing quantum
inventions in ways thathighlight their practical
technical contributions.
While it's still a challengingenvironment, there is growing
momentum to modernize IP laws instep with emerging technologies
.
Speaker 1 (18:27):
In Japan, the government has prioritized
quantum technologies as part ofits national innovation strategy
.
Major players like NTT andToshiba are actively developing
quantum hardware andcommunication systems.
The Japan Patent Office, jpo,has issued patents related to
quantum cryptography, qubitdesign and noise-resilient
(18:48):
quantum circuits.
To support this, the JPO hasprovided updated guidance to
examiners on evaluatingcomputer-implemented inventions,
especially those tied toreal-world technical effects,
which is key for quantum claims.
Speaker 3 (19:02):
Canada, home to D-Wave and the University of
Waterloo's Quantum Research Hub,has positioned itself as a
leader in quantumcommercialization.
The Canadian IntellectualProperty Office, CIPO, allows
patents for software andalgorithmic inventions if they
are part of a practicalapplication.
As a result, Canadian inventorshave successfully part of its
(19:25):
commercialization track,encouraging inventors to secure
rights early and internationally.
Speaker 1 (19:44):
And in Australia the government has funded quantum
research through the AustralianResearch Council and created
dedicated programs like theCenter for Quantum Computation
and Communication Technology.
The IP Australia office followsa principle similar to Europe's
.
A software invention, includingquantum algorithms, can be
patented if it produces atechnical effect.
(20:06):
Examiners there have grantedpatents for photonic chip
designs, error-correcting codesystems and quantum random
number generators.
Australia has also introducedexaminer training modules on
emerging technologies to keeppace with developments in
quantum and AI.
Speaker 3 (20:24):
And let's not forget countries that are steadily
expanding their presence in thisspace.
Brazil, for instance, has seengrowing investment in quantum
research through publicuniversities and national
innovation programs.
Institutions like theUniversity of Sao Paulo and the
National Institute for SpaceResearch are conducting work on
quantum optics and quantumcommunication.
(20:46):
While Brazil's patent lawexcludes software per se,
inventors are working within thesystem to patent quantum
sensors, encryption devices andhybrid technologies that involve
hardware software integrationIn South Africa government
funding through the NationalResearch Foundation is
(21:06):
supporting quantum photonicsresearch, especially in
partnership with universitieslike Stellenbosch and Wits.
Speaker 1 (21:14):
South African patent law allows protection for
inventions with a technicaleffect, so there's room for
applied quantum systems, thoughwe're still waiting on the first
wave of high-profile filings.
Speaker 3 (21:26):
Kenya and Nigeria are both part of the African
Regional Intellectual PropertyOrganization, or ARAPO, which
has begun examining how memberstates can align their patent
examination practices withglobal developments in emerging
technologies, including quantumcomputing.
While local quantum computingR&D is in the early stages,
(21:48):
these countries are engaging inpolicy dialogues, tech transfer
planning and capacity buildingprograms to ensure they are not
left behind and capacitybuilding programs to ensure they
are not left behind, and that'skey.
Speaker 1 (21:58):
The goal isn't just to react later.
It's to build the legal andinstitutional readiness now so
that, as quantum researchexpands globally, ip frameworks
in Latin America and Africa areready to support innovators and
attract investment.
Speaker 3 (22:12):
Now that we've seen the legal signals and early
decisions around the world,let's talk about where things
actually stand right now.
How are current IP systemstreating quantum computing
inventions and what areinventors, startups and research
institutions doing to protecttheir work?
Speaker 1 (22:32):
Let's start with what's easiest to protect
quantum hardware.
You build a new kind of chip, abetter cooling system or a more
stable qubit design.
Patent offices will generallywelcome you with open arms.
These are physical, measurable,clearly technical inventions
Think superconducting circuits,ion traps, dilution
refrigerators.
If it fits in a lab and you candraw it, there's a strong
(22:54):
chance it's patentable.
Speaker 3 (22:56):
But what about the software, the algorithms, the
protocols?
That's where it gets trickier,because in many jurisdictions,
including the US, software thatlooks too much like math is
still treated as an abstractidea, which means it's not
eligible for a patent unless youcan show a clear technical
(23:19):
improvement.
Speaker 1 (23:22):
Remember the Alice Corvy LS Bank test we mentioned
earlier.
That case still looms large.
It asks one is the inventiondirected to an abstract idea?
Two if yes, does it includesomething significantly more
like a technical implementationIn quantum computing?
(23:42):
The answer often depends on howthe application is written.
Speaker 3 (23:48):
And that's where strategy comes in.
Inventors are learning how toframe their quantum innovations
to highlight technicalcontributions.
Let's say you develop a quantumalgorithm for solving logistics
problems.
If you just describe it as amathematical optimization,
(24:10):
you'll probably get rejected.
But if you show that yourmethod specifically improves the
functioning of a quantum devicespecifically improve the
functioning of a quantum device,for example by compensating for
noise, reducing the coherenceor enabling faster conversions,
you're in a much better position.
Speaker 1 (24:31):
Patent examiners aren't just looking at what you
invented.
They're asking does thisinvention improve how a computer
or a quantum system actuallyworks?
If yes, that's your goldenticket.
Speaker 3 (24:38):
That's why we're seeing more hybrid claims,
blending hardware steps withalgorithmic logic.
For example, instead of justsaying this algorithm solves a
matrix, a patent claim might saya method comprising preparing a
(24:59):
quantum state on asuperconducting qubit device,
applying a sequence of quantumgates corresponding to matrix
operations, measuring theresulting quantum state and
outputting the classicalapproximation of the solution
vector.
And in that structure you'renot just describing math, you're
(25:20):
showing how it's executed onactual hardware, step by step,
to produce a technical result,and that's what makes all the
difference.
Speaker 1 (25:30):
It ties your invention to the real world, to
a device, to a process, to a use, not just math floating in
space not just math floating inspace.
Speaker 3 (25:42):
It's the legal equivalent of saying this isn't
just an idea.
I build the thing, I run thething and here's what it does
and it's working.
We're seeing more patentsgranted when inventors go the
extra mile to explain how theirquantum algorithm isn't just
clever, it's practically useful.
Speaker 1 (26:01):
So, whether you're designing error correction
software, hybrid solvers orreal-time control systems,
framing your innovation as atechnical improvement,
especially one that plays wellwith noisy quantum hardware, is
your best bet.
Now let's talk about whathappens after you've secured
protection or figured out whichparts to keep secret, because
the next big question is how doyou use that IP?
Speaker 3 (26:25):
For many quantum startups and research
institutions.
The answer is licensing.
Let's say you're a lab thatdeveloped a quantum control
system but you're not planningto commercialize a full machine.
You can license your patent toa hardware manufacturer or
quantum cloud provider.
They get to use full machine.
You can license your patent toa hardware manufacturer or
quantum cloud provider they getto use the tech.
You get royalties or apartnership deal Everybody wins.
Speaker 1 (26:49):
And this is where it gets really interesting.
Quantum IP isn't just aboutowning, it's about sharing.
Strategically.
Some companies are formingcross-licensing agreements,
especially in areas like errorcorrection, where different
groups are solving similarproblems.
It helps reduce litigation riskand encourages collaboration.
Speaker 3 (27:08):
There's also talk of creating quantum patent pools in
the future.
That's when multipleorganizations agree to license
certain patents to each other orto third parties under fair,
reasonable andnon-discriminatory terms.
It's a model we've seen beforein telecom and video compression
, and with quantum technologiesconverging fast, some experts
(27:31):
think this kind of structurecould help avoid costly legal
battles while acceleratinginnovation.
Speaker 1 (27:37):
But, right now it's still early days.
Everyone's building portfolios,testing claim strategies and
watching closely to see howexaminers and courts respond.
Speaker 3 (27:47):
Academic institutions are also playing a big role.
Universities are filing morepatents on quantum discoveries
and spinning out companies tobring them to market.
In many cases, tech transferoffices are learning how to
tailor patent language forquantum specific claims and
governments are catching on too,in places like Canada, japan,
(28:10):
australia and the EU.
Speaker 1 (28:11):
National quantum strategies now include IP
support grants that cover filingcosts, patent training for
researchers andcommercialization workshops for
quantum entrepreneurs.
Speaker 3 (28:22):
We're also seeing early capacity building efforts
in countries like Brazil, southAfrica and Kenya, making sure
examiners, inventors andpolicymakers are all learning
together.
This isn't just about patents.
It's about shaping entireecosystems that can sustain
quantum innovation and make itaccessible.
Speaker 1 (28:46):
Which brings us to the heart of it.
Intellectual property isn'tjust a legal tool.
It's a strategic language.
The better we learn to speak itin the quantum context, the
more powerfully we can share,protect and build on these
world-changing ideas.
Speaker 3 (29:01):
All right, before we decohere completely, let's bring
this all back together.
Here are five takeaways fromtoday's journey through quantum
computing and intellectualproperty.
Speaker 1 (29:13):
One.
Quantum computing isn't justtheoretical anymore, it's real.
It's messy and it's alreadysolving problems.
Classical computers can't.
That matters for science, forsociety and for law.
Speaker 3 (29:27):
Patenting quantum inventions is possible, but it
depends heavily on how you frameyour claim.
Tie your algorithm to hardware.
Solve a technical problem.
Make it tangible.
Speaker 1 (29:43):
Globally, ip offices are adapting at different speeds
.
Countries like China, the US,europe, japan and Canada are
leading with updated guidelinesand big patent volumes.
Others are preparing, learningand watching closely closely.
Speaker 3 (30:03):
Four inventors are getting creative using hybrid
claims, trade secrets, opensource platforms and
international filing strategiesto protect their work in a still
shifting legal landscape.
Speaker 1 (30:11):
Five.
The future of IP and quantumtech depends on clarity,
training, inclusion and a littleimagination.
If we modernize the systemthoughtfully, we can build a
future that's innovative, fairand a little bit magical.
Speaker 3 (30:27):
That's all for today's episode of Intangiblia.
If you've ever doubted whetherthe law could keep up with the
future, just remember.
Speaker 1 (30:35):
Sometimes it needs a little push from the people
building it, and sometimes thefuture just needs a better
patent attorney.
Speaker 3 (30:42):
We'll be back soon with more Antul stories where
creativity, technology and lawcollide.
Speaker 1 (30:48):
Thanks for listening to Intangiblia.
Stay brilliant, stay protectedand don't forget to collapse
your wave function on the wayout.
Speaker 2 (30:58):
Thank you for listening to Intangiblia, the
podcast of intangible law plaintalk about intellectual property
.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow us on Instagram,facebook, linkedin and Twitter.
(31:18):
Visit our websitewwwintangibliacom.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
you build something incredible A quantum algorithm
that helps real machines solveproblems classical computers can
barely touch.
Suddenly complex equations turninto cleaner energy models,
faster drug discoveries, bettertraffic systems and, yes, even
faster, smarter artificialintelligence.
Because quantum computing couldspeed up machine learning,
optimize neural networks andprocess massive data sets.
(00:23):
That would take classicalcomputers days or weeks.
But would this life-changingtech be protected under
intellectual property?
Would it be freely available orshared among experts to build
something better together?
Today, on Intangiblia, weexplore how quantum computing is
moving from the lab to reallife and how the future is being
shaped, one qubit at a time.
(00:43):
The future is being shaped onequbit at a time.
Speaker 2 (00:47):
You are listening to Intangiblia, the podcast of
intangible law, playing talkabout intellectual property.
Please welcome your host.
Speaker 3 (00:57):
Leticia Caminero.
Hello and welcome back toIntangiblia, where we decode the
invisible laws behind theworld's most powerful ideas.
I'm Leticia Caminero, your host.
We decode the invisible lawsbehind the world's most powerful
ideas.
I'm Leticia Caminero, your host.
Today's episode takes us to theedge of innovation, where
science fiction is becomingscience fact.
Speaker 1 (01:16):
We're talking about quantum computing not just
theory, not just hype, but realtechnology already reshaping how
we approach security, medicine,energy and even artificial
intelligence.
Hi and I'm Arti Misa, yourpositively entangled AI co-host.
(01:37):
I promise to keep the jokessuper positioned and the facts
spin aligned.
Speaker 3 (01:44):
If anything collapses into confusion, just blame
quantum decoherence.
To confusion, just blamequantum decoherence.
We're talking about simulatingquantum systems to accelerate
drug discovery, like identifyingnew compounds for Alzheimer's
or antibiotic resistant bacteriafaster than ever imagined.
Solving the electronicstructure problem to design next
generation batteries such as alithium, air and solid-state
batteries, promising ultra-highenergy density and
(02:06):
near-continuous power forelectric vehicles, satellites
and remote infrastructures.
Speaker 1 (02:11):
Performing high-accuracy molecular dynamics
to predict protein folding forlife-saving treatments, as in
DeepMind's AlphaFold models nowbeing explored through quantum
accelerated refinement.
Modeling climate and fluiddynamics to improve long range
forecasting.
Speaker 3 (02:28):
Supporting global systems like Copernicus and NOAA
in predicting extreme weatherevents with atomic level
precision optimizingcombinatorial problems for use
in real-time traffic routingthink FedEx or Uber freight
smart energy, grid managementand financial portfolio
optimization, like JP Morgan'swork on quantum Monte Carlo
(02:51):
simulations Enabling quantumsecure communication through
quantum key distribution systemsalready deployed in Chinese
misused satellite and Europe'squantum internet alliance.
Speaker 1 (03:05):
Running quantum enhanced machine learning for
drug target identification,fraud detection and large scale
data classification.
Powering platforms likeXanadu's Penny Lane and IBM's
Qiskit and tacklingcryptographic challenges such as
factoring large primes orsimulating quantum resistant
algorithms.
Pressuring security systemsworldwide to prepare for
(03:27):
post-quantum encryptionstandards.
Speaker 3 (03:31):
And at the intersection of all of this sits
artificial intelligence.
Quantum computing coulddramatically accelerate AI by
optimizing deep learning models,reducing training times for
massive datasets and enablingentirely new architectures like
quantum neural networks.
Ai systems that today take daysto train might soon evolve in
(03:52):
hours, with greater accuracy,fewer researches and
exponentially more potential.
Speaker 1 (03:59):
Quantum computing isn't just a concept.
It's already being engineeredinto tools targeting some of the
most complex and criticalcomputational challenges
humanity faces, including thefuture of intelligence itself.
Speaker 3 (04:11):
And where there's powerful tech, there's
intellectual property.
If quantum computers can solveproblems, classical ones can't.
Who owns the breakthroughs?
Can you patent something builton probability?
And how do legal systems builtfor nuts and bolts handle
machines that don't alwaysfollow classical logic?
Speaker 1 (04:32):
That's what we're exploring today the legal
puzzles, the case law that'schanging the game, and the bold
ideas shaping how IP mightevolve in a quantum powered
future.
Speaker 3 (04:43):
Before we jump in, a quick reminder Artemis and I,
while delightful and unusuallypersuasive, are powered by
artificial intelligence.
Any legal opinions we offer arepurely for educational fun, not
legal advice.
All right, let's break it down.
What exactly is quantumcomputing, and why is everyone
(05:04):
suddenly obsessed with it?
Let's start with the basics.
Classical computers, like theone you're using to listen to
this podcast, processinformation using bits, zeros
and ones.
Every app, every photo, everyemoji is just a long sequence of
those two numbers.
Everything runs in a straightline yes or no, on or off.
(05:25):
But quantum computers usesomething completely different
qubits.
And qubits don't like to picksides.
Thanks to a strange little ruleof quantum physics called
superposition, a qubit can be azero and a one at the same time.
It's like trying to flip a coinand have it land on both heads
(05:49):
and tails until you look.
Speaker 1 (05:51):
Or better yet, imagine Schrodinger's cat.
Classic quantum thoughtexperiment.
You put a cat in a box noanimals harmed, we promise and
rig it.
So there's a 50-50 chance it'seither alive or not, based on a
quantum event.
Now here's the weird part Untilyou open the box, the cat isn't
just one or the other.
In quantum theory it's in asuperposition, both alive and
(06:12):
not at the same time.
Only when you look do youcollapse the state and force the
universe to decide.
Speaker 3 (06:19):
In a quantum computer , that same idea applies to data
.
A qubit holds multiplepossibilities at once, and when
you run a quantum algorithm, itdoesn't test each option one at
a time.
Like a classical machine, itexplores many paths
simultaneously and then, whenyou measure the result, you get
(06:39):
the best answer based on allthose probabilities.
Speaker 1 (06:44):
And that's what makes quantum computing powerful.
It's not just faster, it'sfundamentally different, like
switching from a bicycle toteleportation.
Speaker 3 (06:53):
This unlocks wild possibilities.
Quantum machines could simulatemolecules for drug discovery,
model the climate with atomicprecision or optimize entire
power grids in seconds.
Speaker 1 (07:06):
Even your local pizza delivery route could get a
quantum upgrade.
Imagine always getting thefastest delivery, even during a
storm, on a Friday in rush hour.
That's the dream.
Speaker 3 (07:20):
But here's the legal twist.
Quantum computers don't justchallenge physics, they
challenge the law.
Because when someone invents aquantum algorithm, a new quantum
device or a way to fix noisyquantum data, how do we protect
that invention?
Can it be patented like atoaster, or is it more like an
(07:42):
abstract idea, something youcan't own?
Today's quantum computers arestill a little messy.
They are powerful, but alsoprone to errors.
The term for this is noisy.
That means the results you getfrom quantum calculations can be
unstable, inconsistent or justplain wrong if you don't clean
(08:05):
them up.
This noise isn't someonesneezing in the lab.
It's tiny environmental factorslike temperature fluctuations
or electromagnetic interferencethat disrupt the fragile state
of the qubits.
Making a quantum machine usefulmeans building algorithms that
(08:26):
can work with or even correctfor that noise and that's where
a lot of innovation is happeningright now.
Speaker 1 (08:34):
Some of the most valuable work in quantum
computing isn't flashy.
It's about making today'simperfect quantum machines
actually usable, and the peoplesolving that.
They want to protect theirmethods.
These innovations arechallenging, to describe it in a
way a patent examiner can fullyunderstand.
Some of this tech is so newthat we don't even have the
vocabulary for it yet.
Speaker 3 (08:54):
That's where intellectual property comes in.
Our current IP systems,especially patents, were built
for inventions that are physical, mechanical, maybe digital, but
logical and observable.
Quantum computing, on the otherhand, operates in probabilities
, entanglement and otherphenomena that don't always fit
(09:17):
neatly into a traditionalpattern form.
Speaker 1 (09:21):
So today, researchers and startups around the world
are asking the same question IfI create something revolutionary
in quantum tech, will the lawrecognize it, will I be able to
protect it, or will I be stuckwatching someone else copy it,
just because the system can'tkeep up the stakes are high.
Speaker 3 (09:40):
This isn't just about who gets credit stakes are high
.
This isn't just about who getscredit.
It's about who gets funding,who gets access and how
innovation is shared orcontrolled on a global scale.
That's why we need tounderstand not just what quantum
computing is, but how the legalworld is, or isn't, keeping up
with it.
And in our next segment, wedive into a case that could
(10:02):
shift how quantum inventions aretreated by patent offices
around the world.
Let's move from theory toreality with a case that's
already making waves in thequantum patent world Expat Gao,
decided by the US Patent Trialand Appeal Board in 2025.
If you've never heard of it,don't worry.
(10:23):
These cases aren't famous yet,but its implications they're
huge.
Here's what happened Dr YudonKao, a quantum scientist and
entrepreneur, developed a hybridquantum classical algorithm.
The goal to solve large systemsof linear equations efficiently
, even on the noisy quantumcomputers we just talked about.
Speaker 1 (10:46):
This isn't the kind of dreamy future quantum machine
that works flawlessly In theory, this was for today's imperfect
, limited, glitch-prone devices,and his algorithm helped make
them useful, so naturally hefiled for a patent.
Speaker 3 (10:59):
But then came the wall.
The USPTO examiner rejected theapplication.
Why?
Because, according to theexaminer, the invention was just
a mathematical concept, a setof equations without a specific,
tangible application, and,under US patent law, abstract
ideas like math formulas are notpatentable.
(11:20):
Specifically, the examinercited 35 USC S18.C.
S 181, the part of US law thatdefines what kinds of things can
be patent.
Banks and abstract ideas likemath or general algorithms are
often struck down unless theyclearly show a significantly
(11:50):
more technical application.
Speaker 1 (11:54):
And let me tell you, Alice has been the heartbreak of
software inventors for a decade.
So many creative technicalsolutions have been rejected
because they're seen as justcode or theory.
Speaker 3 (12:04):
But in Dr Sao's case, he appealed.
And here's where things gotinteresting.
In early 2025, the Patent Trialand Appeal Board reversed the
examiner's decision.
That's right.
The same patent office saidactually, this does qualify as a
real patentable invention.
Why?
Because Dr Zhao's algorithmdidn't just describe math on a
(12:27):
page.
It was specifically designed towork on a quantum machine.
The patent claims includedsteps like preparing a quantum
state, applying quantum gatesand using quantum measurement to
produce a real world result.
Speaker 1 (12:43):
In other words, the board said this wasn't abstract,
it was practical.
It turned noisy quantummachines into useful problem
solvers.
That's not just theory, that'stech.
Speaker 3 (12:54):
The board even said that these steps integrate the
resetted abstract idea into apractical application.
That's a magic phrase.
It meant the invention wasn'tjust math, it was a technical
solution to a technical problem,and that's a huge deal Because
up until now, most quantumalgorithm applications got
(13:15):
lumped into the same bin assoftware math.
Speaker 1 (13:18):
Too abstract.
Try again later.
This case carved out a path.
If your quantum method is tiedto hardware and solves a real
limitation, it just might bepatentable let's zoom out for a
second.
Speaker 3 (13:34):
This is a US case and it's not binding precedent, but
it's a signal.
It shows that the system may bestarting to adapt.
Patent examiners and courts areslowly realizing that quantum
computing doesn't fit neatlyinto classical boxes.
Speaker 1 (13:56):
The case also shows something else.
How you write your patentmatters.
Dr Sal's application didn'tjust say here's a clever
algorithm.
It walked through the quantumsteps.
It framed the invention assolving a technical challenge.
It gave the board somethingsolid to work with.
Speaker 3 (14:15):
That's a lesson for every quantum inventor out there
Don't hide behind math.
Show the machine, describe theproblem.
Explain the fix.
Speaker 1 (14:26):
And a side note for the legal nerds this case didn't
just tackle subject mattereligibility, it also brushed up
against written descriptionrequirements whether the patent
explained enough detail for askilled person to replicate the
invention Spoiler.
It passed that too.
Speaker 3 (14:43):
So, to sum it up, ex parte, yudunco was the first
real sign that quantumalgorithms, when tied to
hardware and technical outcomes,can clear the US patent hurdle.
That doesn't mean it's easy,but it means it's possible.
Speaker 1 (15:01):
And in the world of quantum law possible is
practically revolutionary.
Speaker 2 (15:07):
Intangiblia, the podcast of intangible law.
Playing talk about intellectualproperty.
Speaker 3 (15:13):
So expert Sidon Kao showed us what's possible when
quantum meets the US patentsystem.
But what about the rest of theworld?
Let's take a look at how othercountries are approaching
quantum innovation andintellectual property.
First, stop Europe.
Speaker 1 (15:32):
The European Patent Office hasn't had a
headline-making court case yet,but it's quietly shaping the
rules for quantum inventions.
Through its officialexamination guidelines, the EPO
allows patents for quantumtechnologies, especially if the
invention solves a cleartechnical problem.
So if you're designing aquantum sensor, a control system
for stabilizing qubits or aquantum enhanced encryption
(15:53):
device and you frame it as atechnical solution, Europe's
doors are open.
Speaker 3 (15:59):
A great example Swiss company ID Quantique, known for
quantum cryptography.
They've successfully patentedseveral secure communication
technologies across Europe bygrounding every claim in
physical implementation.
Speaker 1 (16:14):
Now let's talk about China, a key global leader in
the development of quantumtechnology.
Over the past few years, chinahas made remarkable progress
both in scientific discovery andpatent activity.
Companies like Alibaba, baiduand government-submitted
institutions such as the ChineseAcademy of Sciences are
conducting world-class researchand filing patents across a wide
(16:37):
spectrum, from superconductingqubits to quantum cloud
platforms.
And.
Speaker 3 (16:42):
China isn't just filing, they're innovating.
In fact, China has become oneof the top jurisdictions for
quantum communication andquantum sensing patents, with
internationally recognizedachievements like the MISU
satellite for secure quantum keydistribution.
Patent protection has been animportant part of that ecosystem
(17:03):
.
The China National IntellectualProperty Administration, CNIPA,
has granted many of theseapplications and examiners have
been developing the capacity toevaluate highly technical
emerging technologies.
Speaker 1 (17:18):
While no major court cases have publicly tested these
patents yet the infrastructureis in place.
China has clearly recognizedthat protecting intellectual
property plays a critical rolein supporting high-tech
entrepreneurship and long-termresearch investment.
Speaker 3 (17:34):
And that matters not just for China, but for the
global community, because whenmore countries contribute to the
quantum ecosystem, we all moveforward.
Speaker 1 (17:43):
Let's head to India, where Section 3K of the Patent
Act has traditionally excludedmathematical methods and
software per se.
That includes quantumalgorithms, unless they produce
a technical effect.
But in 2019, the Farad Alanicase opened the door a little
wider.
The Delhi High Courtacknowledged that software, and,
(18:05):
by extension, quantum computing, could be patentable if it
leads to a technical advancement.
Speaker 3 (18:12):
Indian innovators have since begun framing quantum
inventions in ways thathighlight their practical
technical contributions.
While it's still a challengingenvironment, there is growing
momentum to modernize IP laws instep with emerging technologies
.
Speaker 1 (18:27):
In Japan, the government has prioritized
quantum technologies as part ofits national innovation strategy
.
Major players like NTT andToshiba are actively developing
quantum hardware andcommunication systems.
The Japan Patent Office, jpo,has issued patents related to
quantum cryptography, qubitdesign and noise-resilient
(18:48):
quantum circuits.
To support this, the JPO hasprovided updated guidance to
examiners on evaluatingcomputer-implemented inventions,
especially those tied toreal-world technical effects,
which is key for quantum claims.
Speaker 3 (19:02):
Canada, home to D-Wave and the University of
Waterloo's Quantum Research Hub,has positioned itself as a
leader in quantumcommercialization.
The Canadian IntellectualProperty Office, CIPO, allows
patents for software andalgorithmic inventions if they
are part of a practicalapplication.
As a result, Canadian inventorshave successfully part of its
(19:25):
commercialization track,encouraging inventors to secure
rights early and internationally.
Speaker 1 (19:44):
And in Australia the government has funded quantum
research through the AustralianResearch Council and created
dedicated programs like theCenter for Quantum Computation
and Communication Technology.
The IP Australia office followsa principle similar to Europe's
.
A software invention, includingquantum algorithms, can be
patented if it produces atechnical effect.
(20:06):
Examiners there have grantedpatents for photonic chip
designs, error-correcting codesystems and quantum random
number generators.
Australia has also introducedexaminer training modules on
emerging technologies to keeppace with developments in
quantum and AI.
Speaker 3 (20:24):
And let's not forget countries that are steadily
expanding their presence in thisspace.
Brazil, for instance, has seengrowing investment in quantum
research through publicuniversities and national
innovation programs.
Institutions like theUniversity of Sao Paulo and the
National Institute for SpaceResearch are conducting work on
quantum optics and quantumcommunication.
(20:46):
While Brazil's patent lawexcludes software per se,
inventors are working within thesystem to patent quantum
sensors, encryption devices andhybrid technologies that involve
hardware software integrationIn South Africa government
funding through the NationalResearch Foundation is
(21:06):
supporting quantum photonicsresearch, especially in
partnership with universitieslike Stellenbosch and Wits.
Speaker 1 (21:14):
South African patent law allows protection for
inventions with a technicaleffect, so there's room for
applied quantum systems, thoughwe're still waiting on the first
wave of high-profile filings.
Speaker 3 (21:26):
Kenya and Nigeria are both part of the African
Regional Intellectual PropertyOrganization, or ARAPO, which
has begun examining how memberstates can align their patent
examination practices withglobal developments in emerging
technologies, including quantumcomputing.
While local quantum computingR&D is in the early stages,
(21:48):
these countries are engaging inpolicy dialogues, tech transfer
planning and capacity buildingprograms to ensure they are not
left behind and capacitybuilding programs to ensure they
are not left behind, and that'skey.
Speaker 1 (21:58):
The goal isn't just to react later.
It's to build the legal andinstitutional readiness now so
that, as quantum researchexpands globally, ip frameworks
in Latin America and Africa areready to support innovators and
attract investment.
Speaker 3 (22:12):
Now that we've seen the legal signals and early
decisions around the world,let's talk about where things
actually stand right now.
How are current IP systemstreating quantum computing
inventions and what areinventors, startups and research
institutions doing to protecttheir work?
Speaker 1 (22:32):
Let's start with what's easiest to protect
quantum hardware.
You build a new kind of chip, abetter cooling system or a more
stable qubit design.
Patent offices will generallywelcome you with open arms.
These are physical, measurable,clearly technical inventions
Think superconducting circuits,ion traps, dilution
refrigerators.
If it fits in a lab and you candraw it, there's a strong
(22:54):
chance it's patentable.
Speaker 3 (22:56):
But what about the software, the algorithms, the
protocols?
That's where it gets trickier,because in many jurisdictions,
including the US, software thatlooks too much like math is
still treated as an abstractidea, which means it's not
eligible for a patent unless youcan show a clear technical
(23:19):
improvement.
Speaker 1 (23:22):
Remember the Alice Corvy LS Bank test we mentioned
earlier.
That case still looms large.
It asks one is the inventiondirected to an abstract idea?
Two if yes, does it includesomething significantly more
like a technical implementationIn quantum computing?
(23:42):
The answer often depends on howthe application is written.
Speaker 3 (23:48):
And that's where strategy comes in.
Inventors are learning how toframe their quantum innovations
to highlight technicalcontributions.
Let's say you develop a quantumalgorithm for solving logistics
problems.
If you just describe it as amathematical optimization,
(24:10):
you'll probably get rejected.
But if you show that yourmethod specifically improves the
functioning of a quantum devicespecifically improve the
functioning of a quantum device,for example by compensating for
noise, reducing the coherenceor enabling faster conversions,
you're in a much better position.
Speaker 1 (24:31):
Patent examiners aren't just looking at what you
invented.
They're asking does thisinvention improve how a computer
or a quantum system actuallyworks?
If yes, that's your goldenticket.
Speaker 3 (24:38):
That's why we're seeing more hybrid claims,
blending hardware steps withalgorithmic logic.
For example, instead of justsaying this algorithm solves a
matrix, a patent claim might saya method comprising preparing a
(24:59):
quantum state on asuperconducting qubit device,
applying a sequence of quantumgates corresponding to matrix
operations, measuring theresulting quantum state and
outputting the classicalapproximation of the solution
vector.
And in that structure you'renot just describing math, you're
(25:20):
showing how it's executed onactual hardware, step by step,
to produce a technical result,and that's what makes all the
difference.
Speaker 1 (25:30):
It ties your invention to the real world, to
a device, to a process, to a use, not just math floating in
space not just math floating inspace.
Speaker 3 (25:42):
It's the legal equivalent of saying this isn't
just an idea.
I build the thing, I run thething and here's what it does
and it's working.
We're seeing more patentsgranted when inventors go the
extra mile to explain how theirquantum algorithm isn't just
clever, it's practically useful.
Speaker 1 (26:01):
So, whether you're designing error correction
software, hybrid solvers orreal-time control systems,
framing your innovation as atechnical improvement,
especially one that plays wellwith noisy quantum hardware, is
your best bet.
Now let's talk about whathappens after you've secured
protection or figured out whichparts to keep secret, because
the next big question is how doyou use that IP?
Speaker 3 (26:25):
For many quantum startups and research
institutions.
The answer is licensing.
Let's say you're a lab thatdeveloped a quantum control
system but you're not planningto commercialize a full machine.
You can license your patent toa hardware manufacturer or
quantum cloud provider.
They get to use full machine.
You can license your patent toa hardware manufacturer or
quantum cloud provider they getto use the tech.
You get royalties or apartnership deal Everybody wins.
Speaker 1 (26:49):
And this is where it gets really interesting.
Quantum IP isn't just aboutowning, it's about sharing.
Strategically.
Some companies are formingcross-licensing agreements,
especially in areas like errorcorrection, where different
groups are solving similarproblems.
It helps reduce litigation riskand encourages collaboration.
Speaker 3 (27:08):
There's also talk of creating quantum patent pools in
the future.
That's when multipleorganizations agree to license
certain patents to each other orto third parties under fair,
reasonable andnon-discriminatory terms.
It's a model we've seen beforein telecom and video compression
, and with quantum technologiesconverging fast, some experts
(27:31):
think this kind of structurecould help avoid costly legal
battles while acceleratinginnovation.
Speaker 1 (27:37):
But, right now it's still early days.
Everyone's building portfolios,testing claim strategies and
watching closely to see howexaminers and courts respond.
Speaker 3 (27:47):
Academic institutions are also playing a big role.
Universities are filing morepatents on quantum discoveries
and spinning out companies tobring them to market.
In many cases, tech transferoffices are learning how to
tailor patent language forquantum specific claims and
governments are catching on too,in places like Canada, japan,
(28:10):
australia and the EU.
Speaker 1 (28:11):
National quantum strategies now include IP
support grants that cover filingcosts, patent training for
researchers andcommercialization workshops for
quantum entrepreneurs.
Speaker 3 (28:22):
We're also seeing early capacity building efforts
in countries like Brazil, southAfrica and Kenya, making sure
examiners, inventors andpolicymakers are all learning
together.
This isn't just about patents.
It's about shaping entireecosystems that can sustain
quantum innovation and make itaccessible.
Speaker 1 (28:46):
Which brings us to the heart of it.
Intellectual property isn'tjust a legal tool.
It's a strategic language.
The better we learn to speak itin the quantum context, the
more powerfully we can share,protect and build on these
world-changing ideas.
Speaker 3 (29:01):
All right, before we decohere completely, let's bring
this all back together.
Here are five takeaways fromtoday's journey through quantum
computing and intellectualproperty.
Speaker 1 (29:13):
One.
Quantum computing isn't justtheoretical anymore, it's real.
It's messy and it's alreadysolving problems.
Classical computers can't.
That matters for science, forsociety and for law.
Speaker 3 (29:27):
Patenting quantum inventions is possible, but it
depends heavily on how you frameyour claim.
Tie your algorithm to hardware.
Solve a technical problem.
Make it tangible.
Speaker 1 (29:43):
Globally, ip offices are adapting at different speeds
.
Countries like China, the US,europe, japan and Canada are
leading with updated guidelinesand big patent volumes.
Others are preparing, learningand watching closely closely.
Speaker 3 (30:03):
Four inventors are getting creative using hybrid
claims, trade secrets, opensource platforms and
international filing strategiesto protect their work in a still
shifting legal landscape.
Speaker 1 (30:11):
Five.
The future of IP and quantumtech depends on clarity,
training, inclusion and a littleimagination.
If we modernize the systemthoughtfully, we can build a
future that's innovative, fairand a little bit magical.
Speaker 3 (30:27):
That's all for today's episode of Intangiblia.
If you've ever doubted whetherthe law could keep up with the
future, just remember.
Speaker 1 (30:35):
Sometimes it needs a little push from the people
building it, and sometimes thefuture just needs a better
patent attorney.
Speaker 3 (30:42):
We'll be back soon with more Antul stories where
creativity, technology and lawcollide.
Speaker 1 (30:48):
Thanks for listening to Intangiblia.
Stay brilliant, stay protectedand don't forget to collapse
your wave function on the wayout.
Speaker 2 (30:58):
Thank you for listening to Intangiblia, the
podcast of intangible law plaintalk about intellectual property
.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow us on Instagram,facebook, linkedin and Twitter.
(31:18):
Visit our websitewwwintangibliacom.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
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Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
The Clay Travis and Buck Sexton Show
The Clay Travis and Buck Sexton Show. Clay Travis and Buck Sexton tackle the biggest stories in news, politics and current events with intelligence and humor. From the border crisis, to the madness of cancel culture and far-left missteps, Clay and Buck guide listeners through the latest headlines and hot topics with fun and entertaining conversations and opinions.