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Quantum technologies are moving from research laboratories to real-world applications. From secure communications and advanced sensing to next-generation computing, innovation in this field is accelerating rapidly.
This momentum is also reflected in intellectual property. According to a joint European Patent Office (EPO) and OECD study published in December 2025[1], the number of international patent families (IPFs) relating to quantum technologies has increased fivefold since 2015, with France ranking third in Europe among applicants.
The figures confirm that quantum technologies are no longer an emerging niche. They are becoming a highly competitive field where intellectual property plays a strategic role.
But an important question remains for innovators: what exactly can be patented in quantum technologies, and how can companies ensure that valuable innovations are properly protected?
Quantum innovations are patentable
Contrary to what some businesses assume, quantum technologies are not subject to a separate patent regime.
Like any other invention, a quantum-related innovation may be protected by a patent provided it meets the usual legal requirements. It must be new, involve an inventive step and be capable of industrial application.
Whether the invention concerns quantum computing, quantum communication, quantum sensing or enabling hardware, the same principles apply. What matters is not the technology itself, but whether the invention provides a technical solution that satisfies the patentability criteria.
Identifying what is worth protecting
One of the biggest challenges for companies is recognising which aspects of a quantum project may deserve patent protection.
Innovation can arise at different levels, including:
- quantum hardware and physical devices;
- control systems and architectures;
- manufacturing processes;
- error correction techniques;
- software implemented in conjunction with quantum hardware; and
- practical industrial applications built on quantum technologies.
A successful patent strategy therefore begins long before filing an application. It starts with identifying the innovations that create competitive value.
Timing is critical
Quantum technologies often emerge from collaborative research involving universities, start-ups, research institutes and industrial partners.
In this environment, publication and collaboration are essential but they can also create risks for patent protection.
Public disclosure before filing a patent application may compromise novelty, one of the fundamental requirements for obtaining a patent in many jurisdictions.
For companies operating in fast-moving research environments, intellectual property should therefore be considered early in the innovation process rather than at the commercialisation stage.
Building a patent portfolio for a growing market
As quantum technologies mature, businesses are increasingly developing patent portfolios rather than protecting individual inventions.
A portfolio may cover different aspects of the same technology, including hardware, manufacturing methods and software components.
Such a strategy can strengthen a company’s competitive position, facilitate licensing opportunities and increase its attractiveness to investors or industrial partners.
Patents are only one part of the IP strategy
Not every innovation should necessarily be patented.
Some technical know-how may be better protected as confidential information or trade secrets, particularly where disclosure through a patent application could weaken a company’s competitive advantage.
Choosing between patents and confidentiality requires a careful assessment of the technology, the business model and the company’s long-term objectives.
An effective intellectual property strategy often combines several forms of protection.
Intellectual property as a competitive advantage
Quantum technologies are moving rapidly from research to commercial applications. As competition intensifies, intellectual property is becoming much more than a legal safeguard, it is a strategic business asset.
Companies that identify patentable innovations early and integrate intellectual property into their innovation strategy will be better positioned to attract investment, secure partnerships and strengthen their market position. At the same time, a well-designed IP strategy helps businesses decide when patent protection is the right choice and when other forms of protection, such as trade secrets, may offer greater value.
In one of the world’s fastest-growing technology sectors, protecting innovation is not simply about securing exclusive rights. It is about creating long-term competitive advantage.
[1] European Patent Office (EPO), Inventions in quantum technologies surge five-fold in last decade, 17 December 2025, available at: https://www.epo.org/en/news-events/news/inventions-quantum-technologies-surge-five-fold-last-decade