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ARTICLE · 11 DECEMBER 2023

Navigating The Quantum Leap: Patenting The Future Of Quantum Software

For many years, successfully patenting software-related inventions had a reputation – in our experience unjustified – as being difficult and confusing.

United KingdomIntellectual Property

For many years, successfully patenting software-related inventions had a reputation – in our experience unjustified – as being difficult and confusing. Whilst most legal systems have now developed a consistent approach to the assessment of computer-implemented inventions, that legal practice has been developed entirely based on classical computing.

Quantum computing is now emerging as a rapidly developing field and is widely regarded as having enormous potential to deliver a step change in the complexity of computing problems that can be carried out within a useful time frame. In this article, we consider the extent to which software for quantum computing is eligible for patent protection, with a particular focus on practice in front of the European and UK patent offices.

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