Google’s quantum computer is described as an oil barrel made up of round discs suspended in a bronze liquid helium bath refrigerator. Housed in a secure laboratory in Santa Barbara, California USA, the technology behind this computer is subject to strict security, confidentiality and export control and it is claimed to be the world’s most powerful quantum computer.
For businesses, research institutions and investors, the more pressing issues are around legal risks and opportunities surrounding intellectual property.
Quantum computing development sits at the intersection of patents, trade secrets, software copyright and confidentiality/know-how. Google’s quantum machine is an advancement in qubit design, machine learning, cryogenic systems and algorithms - but under the current legal frameworks, they are all potentially protectable - but only if ownership, inventorship and disclosure of the technologies are handled correctly. In such fast-moving collaborative environments, innovation often happens faster than agreements have been signed or patents have been filed. These issues are frequently overlooked until disputes arise.
Innovation around computing and AI, typically involve a group of stakeholders including universities, start-ups, multinational companies and Government bodies. Without carefully drafted intellectual property provisions, joint venture agreements can leave parties exposed to unclear ownership, restricted freedom to operate, and/or unintended loss of commercially valuable rights.
In some countries, the development of quantum technologies is viewed as a national security issue, which attracts strict export controls which limits how the intellectual property can be transferred, licensed or commercially exploited across borders. Organisations that fail to factor these constraints into their intellectual property risk strategy could result in multi-jurisdictional breaches as well as immediate reduction in value of any intellectual property rights or the technology itself.
If you are involved in the design of any technologies whether hardware or software, robust intellectual and commercial strategy is imperative – including, worldwide patent, design and trade mark filings, trade secret and confidentiality protection and commercial agreements and frameworks.
If you or your business is developing a new product, planning a rebrand, or considering an acquisition, now is the time to identify and resolve potential intellectual property risks — not after launch. Carrying out the right steps and legal checks at the start can save significant time, legal costs, and disruption later on. To speak to a member of the team, please click here.
