Quantum computing has taken the technological world by storm, with public attention exploding over the past decade. The revolution of fault-tolerant quantum computers on the horizon offers to vastly change the ways in which we currently approach many types of technology. Quantum computing can lead to transformations in drug design, artificial intelligence, simulation of physical systems and materials science, to name but a few.
It seems that Microsoft may have just found the sweet spot by exploring a less-travelled topological quantum computing route. Microsoft’s high-risk strategy may come with high rewards that have the potential to change the game for quantum computing, thanks to their recently announced and much-anticipated Majorana 1 chip.
How does this relate to patents?
An effective IP strategy will be essential for smaller quantum-focused companies and quantum start-ups if they would like to maintain competitiveness against major players in the market, like Microsoft and Google. A successful IP strategy will be necessary not only to avoid getting pushed out of the market, but to ensure the company improves its leverage in future negotiations with competitors and partners alike.
With the advancements to quantum computing brought by the development of the Majorana 1 chip comes an abundance of new technology that is ripe for the patenting. It is worth noting that there are currently no peer-reviewed findings of Majorana particles being observed in the Majorana 1 chip. At the European Patent Office, an invention should be described in sufficient detail such that a skilled person would be able to carry out the invention. This seems to contradict the eligibility of Majorana-based quantum computing as Majorana qubits have not yet been conclusively proven. Interestingly, Majorana-based patent applications are managing to vault over the sufficiency hurdle and patent protection is successfully being obtained in this area.
Microsoft have already filed European, US and Chinese patent applications directed to Majorana qubit applications. Therefore, now, more than ever, it is important to cement a patent filing strategy in the field of topological quantum computing.
Many different elements of the quantum system will require protection – control systems, software algorithms, hardware on the chip, refrigeration systems, fabrication methods, applications enabling the integration of classical and quantum systems, to name a few. Many patent applications have already been filed in the field of topological quantum computing systems, with the number of patent filings per year in this field increasing in recent years.
Due to the pioneering nature of this technology, the earliest patents on aspects like device architectures, control methods and error correction methods that end up being adopted will be foundational and highly valuable. It will be essential to act fast as early filers will likely have increased influence on the future of the sector as it grows, with foundational patents being able to block competitors entirely or generate revenue through licensing deals.
If your company is not among the early filers, don’t panic: if Majorana particles are proven to be a viable approach, they will open up a new area of development which will fuel a secondary wave of patenting activity. This secondary wave will not be directed to the foundational technology, but on implementation details of the architecture, control systems, and control and decoding algorithms, meaning that the boat for Majorana-based quantum computing patents has not been missed.
Some quantum companies who were unable to patent foundational technologies in this area may wish to reevaluate their research efforts and patent strategy to ensure they ride this secondary wave and maintain a competitive edge in light of the new technological developments from large players in the market. Missing this opportunity could mean that companies risk slowed innovation and entry to the market when faced with the inevitable patent thicket that is likely to be the result of this second wave activity. Therefore, planning an effective IP strategy is now more crucial than ever.
Why would Microsoft want to invest nearly two decades in a risky quantum architecture?
The Majorana 1 chip is designed to faultlessly integrate into a quantum computer. The topological qubits are made of pairs of Majorana particles, which are human-made particles that have been hypothesised for many decades, but which had never actually been successfully made. Microsoft claim to have done just that, with the alleged formation and use of Majorana particles in their recent publication in Nature1, together with data presented at Station Q’s annual conference2,3 in Santa Barbara.
Majorana qubits have an amazingly inherent property of being resilient to noise, meaning fewer additional qubits for performing quantum error correction are required on the chip compared to conventional systems. This resiliency enables their qubit states to be topologically protected, meaning that small local disturbances are unable to destroy logical qubit states. Being able to require fewer qubits enables the small form factor of the Majorana 1 chip, which may lead to rapid adoption of this new technology.
Microsoft claim to have provided eight working Majorana qubits on their Majorana 1 chip. Whilst Microsoft have shown evidence that they can create two qubit states using the Majorana particles, they have not yet given evidence that the Majorana 1 chip can scale to using millions of qubits as easily as they propose. The Majorana 1 chip uses topological superconducting ‘topoconductor’ wires, which are made of a single layer of superconductor material layered with a single layer of semiconductor material, the ends of which support so-called Majorana Zero Modes. To form a single qubit device, two topoconductor wires are connected with a superconducting wire, supporting a total of four Majorana Zero Modes, one at each end of each topoconductor wire. By cooling the chip and tuning it with magnetic fields, the nanowires become topological superconducting nanowires with Majorana Zero Modes at each end of the nanowires.
For the qubits to function, electron parity must stay constant in the system, meaning that electron movement into the system may interrupt the Majorana qubit states. Microsoft’s recent publications have shown that they can accurately measure electron parity using quantum dots coupled to the topoconductor wires. By using digital pulses to reflect microwaves off the quantum dots, the quantum state of the Majorana qubit can be obtained. The measurement obtained from the quantum dots of the Majorana 1 chip can be used by digital controller electronics provided on the Majorana 1 chip for more practical quantum error correction,
How we can help?
At Kilburn & Strode, we have the expertise and experience in quantum computing to help you with your intellectual property needs. From helping with patent strategy, assessing any impact of competitor IP rights, drafting, prosecution and opposition, we will be able to assist players in this market to establish a strategic patenting position that takes into account the new competitive landscape.
Due to the new technical advances, we also predict an explosion of oppositions in the quantum field over the next five years. It is likely that patents will play a large role in which company emerges as the dominant player. Competitors will be looking for technical and legal weaknesses in quantum computing patents to remove obstacles in their path. Therefore, opposing other companies’ patents will become increasingly important as the technology in this area continues to advance.
As with other new and emerging areas of technology, we predict that Majorana-related patents will be attacked and opposed in the coming years, not least because these early patents will have been filed before any peer-reviewed findings have been published. This could potentially lead to attacks under sufficiency and enablement.
Fortunately, Kilburn & Strode’s team have a wealth of opposition experience to help and advise you on these matters. Being opposition and strategy experts, in addition to having deep technological understanding, we are able to use the EPO opposition system to further your commercial goals and to defend your own patents from attack. Naturally, we also leverage this expertise of contentious proceedings to ensure that patent applications are strengthened and resilient against attacks that could be made at opposition, right from the drafting stage up to grant of the patent and beyond.
1 Microsoft Azure Quantum., Aghaee, M., Alcaraz Ramirez, A. et al. Interferometric single-shot parity measurement in InAs–Al hybrid devices. Nature 638, 651–655 (2025). https://doi.org/10.1038/s41586-024-08445-2
2 Microsoft. (2025, February 19). Microsoft unveils Majorana 1: The world’s first quantum processor powered by topological qubits. Microsoft Azure Blog. https://azure.microsoft.com/en-us/blog/quantum/2025/02/19/microsoft-unveils-majorana-1-the-worlds-first-quantum-processor-powered-by-topological-qubits/
3 https://news.microsoft.com/stories/stationq/