August 10, 2026
Foley Hoag Partners Erik Huestis and Alexander Akhiezer authored an article for WIPR examining the intellectual property implications of two recent U.S. executive orders aimed at accelerating quantum computing innovation and the transition to post-quantum cryptography.
In "Quantum computing’s picks-and-shovels moment: What the new US executive orders signal for IP," Huestis and Akhiezer argue that, as the quantum computing industry matures, strategic value increasingly resides in the enabling technologies and supply chains that underpin multiple quantum computing platforms, including cryogenics, lasers, control electronics, and vacuum systems.
The article explores how the executive orders highlight growing national security concerns surrounding quantum technologies, the vulnerabilities of global supply chains, and the emergence of intellectual property "chokepoints" across critical components. Huestis and Akhiezer also offer practical guidance for in-house counsel, emphasizing the importance of building robust patent portfolios, monitoring evolving patent pools and standards-setting initiatives, and aligning IP strategies with supply chain and export control considerations.