Legal Challenges of Intellectual Property Rights for Quantum Computing

Abstract

Quantum computing is a very multidisciplinary field, a blend of materials science, electronics, electromagnetism, thermodynamics, quantum physics and the corresponding mathematical framework. The study aimed to evaluate the existing scenario of the choice of the intellectual property rights (IPRs) protection mechanisms for quantum computing, choice of best applicable type, and suggesting some key alternative innovation protection mechanisms. The methodology used in this research consists of general scientific and specific legal (historical-legal, formal-legal) methods besides law interpretation and legal modelling. We critically analyzed the norms for IPR protection of quantum computing from the viewpoint of obtaining protection of inventions and increasing the innovation activity in quantum computing. One of the regulatory mechanisms for every disruptive technology is offering it IP protection. Currently quantum computing hardware is protected by patents while software is mostly protected as copyright besides protection by industrial design and trade secret exist as complementary mechanisms for this revolutionary technology. All available approaches were considered, and amendments are suggested in current IPR legislation to correspond to the reality. This interdisciplinary research revealed the uncertain nature of quantum computing and the difficulty in selecting one type of IPR as the best choice. The best way to establish a sufficient IPR mechanism is to acknowledge quantum computing as an emerging technological cocktail, and to sustain the innovation cycle of this technology. The conclusions of this study can be used to overcome the lacunas in existing IPR system for the quantum computing. This research can be used as torchbearer when preparing proposals for making revisions and additions to the existing legislation.