By George Likourezos, Esq.
For quantum technology companies, protecting intellectual property (IP) is essential for safeguarding innovations, securing market advantages, and attracting investors. As these companies strive to bring new technologies—such as quantum computing, quantum sensing, and quantum communications—to market, patent protection becomes one of their most valuable assets. Two key tools in optimizing the patenting process are the U.S. Patent and Trademark Office’s (USPTO) Track One program and the Patent Prosecution Highway (PPH). These strategies provide faster, more efficient patent examination processes, which are particularly beneficial for companies in fast-moving industries like quantum technologies, where time-to-market is critical.
Track One: Accelerating Patent Examination
The Track One program, officially known as the USPTO’s Prioritized Patent Examination Program, allows applicants to expedite the examination of their patent applications. For quantum technology companies, this is a game-changer. The standard time for a patent application to be examined can be several years, which may be an eternity for a startup or emerging company that needs protection quickly to attract investment or fend off competitors. By filing under Track One, companies can reduce the waiting time for a final disposition of a patent application to just 12 months.
This speed is not just about gaining quicker protection; it also allows quantum companies to act swiftly on business strategies. For instance, obtaining a granted patent early enables companies to disclose their innovations—such as novel qubit architectures, error correction algorithms, or quantum materials—confidently in marketing materials, attract partners, or secure funding with a tangible asset that investors recognize. For companies operating in cutting-edge sectors like quantum technologies, where the pace of innovation is accelerating rapidly, having patent protection sooner can be a crucial differentiator.
Cost Considerations and Efficiency
While Track One requires an additional fee for expedited examination, the costs can often be outweighed by the potential benefits. The ability to obtain faster patent protection reduces the risk of competitors or infringers getting a foothold in the market first. For early-stage quantum ventures, having an IP portfolio that is robust and ready to defend early in the commercialization process is a competitive advantage that can significantly enhance valuation.
Moreover, the faster prosecution time leads to a more efficient overall patent strategy. For companies that rely on multiple patents to build a portfolio—particularly in emerging quantum fields like quantum processors, post-quantum cryptography, or hybrid quantum-classical systems—Track One helps avoid the long delays that might hold up their commercial strategies. In turn, this ensures a smoother, more predictable pathway for scaling their businesses and attracting stakeholders in government, defense, finance, and cloud computing.
Patent Prosecution Highway (PPH): Streamlining Global Protection
In addition to the Track One program, quantum technology companies should also consider leveraging the Patent Prosecution Highway (PPH). The PPH is an international agreement between patent offices that allows applicants to fast-track patent applications based on the work done by other participating offices. For example, if a quantum patent application—covering, say, a quantum interconnect or a novel quantum error mitigation method—is granted or receives a favorable examination in one participating country, it can request expedited processing in other countries that are part of the PPH.
The PPH offers quantum companies a streamlined approach to securing global patent protection. As these technologies are inherently international in scope, and as governments and large enterprises worldwide seek to secure leadership in quantum, startups and growth companies often need to protect their innovations across multiple jurisdictions. The traditional route for obtaining international patents can be time-consuming and expensive. By entering the PPH, companies can significantly reduce the time and cost of obtaining patents in foreign markets, accelerating the timeline for market entry and expansion.
Increased Certainty and Reduced Risk
Another key benefit of using the PPH is that it allows applicants to gain greater certainty in their patent applications. Since the patent offices involved in the PPH collaborate and share information, applicants can benefit from a more predictable and efficient prosecution process. This reduces the likelihood of receiving unexpected rejections or delays, providing companies with more confidence in their patent portfolios as they grow and expand.
For quantum companies entering highly competitive or rapidly evolving sectors—such as quantum communications, post-quantum security, or scalable quantum hardware—the ability to streamline patent prosecution and reduce risk can be critical. A strong patent portfolio built quickly through tools like Track One and the PPH can help position the company as a leader in its field, deter infringement, and provide a foundation for licensing and partnerships, especially in global collaborations and national security initiatives.
Enhancing Strategic Partnerships and Investor Confidence
Speed and efficiency in patent protection are also attractive to potential investors and strategic partners. Quantum companies that can demonstrate a well-managed, expedited patenting process signal to investors that they are organized, proactive, and capable of navigating complex IP landscapes. Investors, especially in quantum sectors where timelines to commercialization can be longer but high value, are keen to see that a company’s intellectual property is both protected and poised for eventual monetization. The ability to swiftly obtain patent protection through Track One and expand globally with the PPH increases investor confidence in a company’s potential and can directly influence funding decisions.
Conclusion: Streamlining Success in a Competitive Market
For quantum technology companies, filing a Track One application and entering the Patent Prosecution Highway offer clear, strategic benefits that can help accelerate growth, mitigate risks, and protect valuable innovations. These programs not only shorten the patent application process, saving critical time and resources, but also provide a streamlined route for obtaining international protection, fostering business expansion, and enhancing investor confidence. In today’s fast-paced quantum innovation environment, where speed to market is key, leveraging these patent tools can be a significant competitive advantage in securing a company’s future.
George Likourezos, Esq. is a partner at Carter, DeLuca & Farrell, an intellectual property law firm.
