Challenges in patenting quantum tech
Quantum mechanics is a theory of sub-atomic particles including counter-intuitive concepts such potons and electrons being both waves and particles. Quantum mechanics was discovered between the end of the 19th and start of the 20th centuries and was touted as world-changing due to the enormous technological implications. However, owing to the dense theory and non-intuitive concepts, it is often forgotten how it has changed the landscape of technology.
New technology typically follows a path from the science laboratory to industrial manufacturing. During this process it is vital to patent at the right time.
As more applications relating to quantum technology are being filed it is interesting to see what the patent landscape can tell us, as well as to look at the process of patenting a quantum technology.
This article will offer some commentary on existing case law from the European Patent Office (EPO) related to patenting quantum technology, and how this allows anticipation of potential hurdles in the field.
Established quantum technology
Many countries are now investing heavily in quantum technologies. A search for patents including the terms “quantum technology” returns over half a million results.
The epoch-shifting quantum technology to date has come from quantum insights into the behaviour of light and matter. Magnetic resonance imaging (MRI) machines, lasers, light-emitting diodes (LEDs), flash memory, and quantum dots are a few examples that we take for granted now.
MRI machines use the spin of electrons. Spin is a quantum property and a strong magnetic field aligns the spin states within the water molecules of the target area of the body, and radio waves are used to flip the spins. As the spins flip back into alignment, return radio waves are emitted and turned into an image. This first patent for the MRI was granted in the US in 1974, and a patent for imaging by MRI following in 1992.
Lasers are ubiquitous today and make use of the discrete nature of energy levels to create coherent and uni-directional light beams. A patent was granted in the US in 1960 for the laser, but was subsequently disputed due to the discovery being the work of a separate inventor. The dispute lasted 30 years.
LEDs also operate on the principle of quantisation of light where electricity is converted into light. The first patented LED was sold for $130 per individual piece.
Flash memory as used in mobile phones and computing devices is based on the principle of quantum tunnelling. technology enables data to be stored without drawing power. The first patent was granted in the US in 1980.
Some burgeoning areas of technology have the potential to spark increased progress in quantum technology. Recent developments in vacuum technology have led to more precise design enabled by additive manufacturing. Consequently, vacuum systems will be capable of very high vacuum at a very small size, and so we may see a surge in patent filings for quantum technology enabled by these developments.
The recent improvements of on-demand single electron sources can be used to develop nano-circuits and offers an alternative to quantum optics. This might also lead to further patent activity.
Patenting trend indicators
The lab developments are not the only indicators of future technology—patenting trends can be very informative signals of where efforts are being made to realise commercial inventions. Developments in the laboratory are reflected in patent filing trends, with higher patent filings indicating approaching commercial viability.
For example, patent filings in quantum computing upturned in 2001, coinciding with the first execution of Shor’s algorithm and proof of concept that optical quantum computing can be achieved using single photon sources and linear optical elements.
Patent filings in quantum key distribution upturned in 2005 and again in 2014, perhaps related to the peaks in patent filings in quantum entanglement in 2004 and again in 2014.
Nonetheless, these technologies are still developing today. Various reviews of patent filing trends have been conducted to attempt to predict which technologies are reaching maturity.
How accurate are projections based on patent trends?
A review in 2014 by the UK government of the global patent landscape in quantum technologies between 2004 and 2013 shows that there are certain clusters of technologies such that the patent filings can be categorised broadly into four groups: telecommunications, quantum computation, quantum sensors, and quantum timing/ atomic clocks.
The worldwide patenting activity over this time period is evident from the 950 patent families in quantum telecommunications, 777 patent families in quantum computation, 547 patent families in quantum sensors and 160 patent families in quantum timing/atomic clock. In comparison to typical patent filings seen in other areas of technology, these are relatively low but still significant numbers.
The grouping is made according to the dominant features of the inventions and keywords mentioned in the abstract. While there is likely to be some overlap between these groups, it highlights the dominance of quantum telecommunications, followed by quantum computation.
The regions leading in filings are the US, Japan and China, followed by Europe and South Korea.
