Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis

This article utilizes the insights gained from qualitative and quantitative studies to (a) inquire which IPRs and related rights are currently directed to quantum computing and (b) examine whether the strategic use of overlapping IPRs might lead to innovation distortions such as excessive anticompetitive effects and underuse associated with property fragmentation. 
The paper acknowledges the strategically decisive role that IPRs can play not only in the gobal competition for quantum supremacy, but also in translating technological advances into useful products. Yet, considering the need for healthy and competitive innovation eco-systems we also inquire the question if, and if so to what degree, IP portfolio approaches could result in inappropriate proliferations of exclusive rights, raise anticommons concerns and denote unwanted concentrations of first mover market power. It concludes by outlining potential proactive responses to mitigate these risks, while addressing the major future open and closed innovation opportunities, implications and challenges posed by quantum technology in general and quantum computing in particular.

Cite as: Mauritz Kop, Mateo Aboy, Timo Minssen, Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis, Journal of Intellectual Property Law & Practice, 2022; pp 613-628, available at: https://doi.org/10.1093/jiplp/jpac060 (accessed 31 July, 2022). See also: https://academic.oup.com/jiplp/article/17/8/613/6646536 .