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Quantum Computing and Intellectual Property Law in the United States: Emerging Challenges and Strategic Considerations

Written by James G. Gatto
June 23, 2026
Estimated Read Time: 1 min

Quantum computing represents one of the most transformative technological developments of the twenty-first century, promising computational capabilities that dwarf those of classical systems. As commercial quantum systems transition from laboratory curiosities to commercially viable products, the intellectual property (IP) landscape surrounding this technology has grown increasingly complex. This article examines the principal IP issues arising in the United States in connection with quantum computing, with particular focus on patent eligibility, the patent prosecution landscape, trade secret protection, copyright, export controls, and the emerging standard-setting environment. There are no quantum-specific IP laws. As with other technologies, existing IP laws will apply. This paper addresses how IP protection for quantum computing presents some unique challenges, issues and strategic considerations.

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Disclaimer: This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship. Please contact your Sheppard attorney contact for additional information.

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