What Is Quantum Computing and Why Should Patent Practitioners Care?

If you have been hearing the phrase “quantum computing” more and more lately and wondering what it actually means for your patent practice, you are not alone. Quantum computing is a subset of quantum technology, which is one of the most rapidly developing fields in science and engineering today. Quantum technology spans sensing, communication, and computing technologies, with quantum computing being the fastest growing quantum technology.

Patent applications in quantum technologies are expanding rapidly across diverse technical domains. As quantum technologies mature, patent filings are not limited to specialized physics or quantum hardware but are increasingly seen in mechanical engineering, electronics, photonics, software, and cryogenic systems. This reflects a broadening industry focus, as companies and research institutions invest in protecting innovations throughout the quantum technology stack—from foundational qubit architectures to advanced control systems and novel applications.

The increasing volume and variety of quantum technology patent filings indicate that quantum computing is transitioning from a niche scientific pursuit to a mainstream driver of technological advancement, with significant implications for intellectual property strategy and portfolio development in the coming years.

So what exactly is quantum computing? Here are some basics.

What Makes Quantum Different?

The computers and devices we interact with every day operate according to classical mechanics. They are macroscopic objects that follow well understood physical laws. Quantum mechanics, on the other hand, describes the behavior of very small physical entities like electrons, atoms, and photons, and these entities behave in ways that are fundamentally different from anything we experience in everyday life.

Three key quantum properties are at the heart of quantum technology:

Superposition. A classical computer bit is either a 0 or a 1. A quantum bit, or qubit, can exist in a combination of both states at the same time. This is called superposition, and it is one of the things that makes quantum computing potentially so powerful. Rather than processing one possibility at a time, a quantum computer can in some sense explore many possibilities simultaneously.

Interference. Quantum systems exhibit wave-like behavior, which means their states can combine constructively or destructively, similar to how waves in water interact. Quantum algorithms are cleverly designed to amplify the probability of correct answers and cancel out incorrect ones using this interference effect.

Entanglement. When two quantum entities are entangled, the state of one entity cannot be described independently of the other entity, even if they are physically far apart. Entanglement is one of the most counterintuitive properties of quantum mechanics, and it is also one of the most powerful tools in quantum technologies, such as quantum computing and quantum communication.

There is also a fourth concept worth knowing: decoherence. This is essentially what happens when a quantum system loses its quantum properties by interacting with its environment. Managing decoherence is one of the central engineering challenges in building a practical quantum computer.

Quantum Computing Is Not One Thing. It Is a Stack.

This is perhaps the most important insight for patent practitioners: quantum computing is not a single monolithic invention. It is a broad technology stack made up of many distinct layers, each presenting its own engineering challenges and its own intellectual property opportunities.

At the hardware level of qubits, there are multiple competing platforms for building qubits. Superconducting circuits, used by companies like IBM and Google, require extreme cryogenic cooling to near absolute zero. Trapped ions use electromagnetically suspended individual atoms manipulated by lasers. Neutral atoms are held in place by optical tweezers. Photonic qubits encode information in light. Silicon spin qubits trap individual electrons in specially fabricated transistors. Each of these platforms draws on existing engineering disciplines including materials science, photonics, cryogenics, electronics, and semiconductor fabrication, and each comes with its own set of unsolved engineering problems.

Above the hardware layer sit control systems, error correction protocols, compilers, software development kits, and cloud access platforms. Error correction alone is an enormous area of active development, because qubits are inherently unstable and it may take hundreds or even thousands of physical qubits to create a single reliable logical qubit.

At the application layer, quantum computing holds particular promise for chemistry and molecular simulation, drug discovery, battery design, financial modeling, logistics optimization, and cryptography.

What Does This Mean for Your Practice?

Here is the key takeaway: regardless of your current technical area of practice, quantum technology is likely to intersect with it.

If you work in electronics or semiconductor law, superconducting circuits and silicon spin qubits will look familiar. If you work in photonics, quantum key distribution and photonic qubits draw heavily on existing optical engineering. If you work in software, quantum compilers, error correction algorithms, and quantum circuit design involve concepts you may already know. If you work in cryptography, Shor’s algorithm poses a significant and well documented threat to RSA public key encryption, and the post quantum cryptography space is growing rapidly.

One practical suggestion for working with quantum technology clients is to identify which layer of the quantum stack the invention occupies. The engineering is so specialized that a person designing a new qubit architecture is typically not the same person building the control systems or writing the software. Understanding which layer your client is working in will help you determine whether method claims or system claims are most appropriate, how to frame the novelty of the invention, and where the most defensible intellectual property lies.

It is also worth noting that many quantum technology innovations involve adapting existing engineering concepts for quantum applications. Through silicon vias, for example, are a well established concept in semiconductor manufacturing that is now being adapted for use in superconducting quantum processors. Optical amplifiers used in telecommunications are being rethought as quantum repeaters. Recognizing these connections can help you draw on existing technical knowledge even in an unfamiliar field.

The Bottom Line

Quantum computing is not science fiction and it is not the distant future. Quantum processors are online today. The technology is advancing rapidly, and the intellectual property landscape around it is being built right now. Patent practitioners who take the time to understand even the basics of how quantum technology works, and how it relates to the engineering disciplines they already know, will be well positioned to serve clients in this space.

The good news is that you do not need a PhD in physics to be an effective patent practitioner in quantum technology. You need a working understanding of the technology stack, an ability to identify which layer an invention occupies, and the same careful claim drafting instincts you bring to every other area of your practice.

Laura Kinnischtzke earned a Ph.D. in Physics from the University of Rochester in Rochester, New York. She is admitted to the USPTO and is a patent agent at SLW. 

This article was based on her presentation in the SLW Institute webinar, “A Practical Guide to Quantum Technology for Patent Practitioners,” which was the first episode in the SLW Quantum Computing Webinar Miniseries. SLW attorney Matt Norwood will present the second episode on April 23, with Laura Kinnischtzke moderating. Click here to register for the April 23 episode, entitled “Patent Prosecution Strategies in Quantum Computing.”