Foley Hoag partners Erik Huestis and Alexander Akhiezer recently analyzed the intersection of U.S. government policy and intellectual property within the quantum computing sector. Their analysis follows the release of two executive orders intended to accelerate quantum innovation and secure the transition to post-quantum cryptography.
As the quantum industry reaches a critical maturity stage, the primary value for companies is shifting toward enabling technologies. Essential components like cryogenics, vacuum systems, control electronics, and specialized lasers are becoming central to the hardware stack. The authors note that these areas represent significant intellectual property chokepoints that merit close attention from stakeholders.
The piece addresses the national security implications inherent in these technologies. With global supply chains under increased scrutiny, legal teams must manage risks related to export controls while securing a competitive market position. Huestis and Akhiezer advise in-house counsel to prioritize the development of robust patent portfolios and to maintain awareness of standards-setting initiatives that impact the broader industry.
Effective legal strategy requires alignment between technical intellectual property objectives and broader supply chain management. Counsel should monitor how executive actions influence standard-essential patents and industry collaboration. By focusing on these specific technical layers, companies can better navigate the regulatory environment as quantum computing moves from research labs toward widespread commercial application.