This is not a brand new piece of news, but I believe it is still relevant. It is the story about a Zapata employee applying in 2025 for a patent for an algorithm running on quantum computer. The application was rejected United States Patent and Trademark Office (USPTO), but subsequently overruled by the higher instance of Patent Trial and Appeal Board (PTAB). PTAB accepted the application with explanation that the algorithm / circuit was not just performing some calculations or a business function, but it included classical computer hardware that “enabled noisy quantum computer, which have limited circuit depth, to practically solve linear systems – a technology improvement.”
This practically could be interpreted that all hybrid algorithms (that run on quantum + classical hardware), in a way augment/improve the quantum computer, which otherwise can’t run an algorithm or solve a problem on their own, and thus represent a “technology improvement” and can be registered as patent.
I think this is an important difference, as pure software algorithms for classical computers cannot be patented.
We currently don’t see many patents in this domain, but once there is the economic advantage of quantum software solutions, I believe there will be a wave of patent registrations by different actors (much like we have seen with blockchain for example in 2017-2020).
Follow-up: USPTO in 2026 rejected another application for patenting a quantum algorithm for finance, saying that “”the mere use of computing technology to speed up and/or automate an otherwise abstract idea is not sufficient to render claims patent-eligible“. But after the applicant modified the initial request and included the details about quantum computing architecture, the patent was accepted.
So, patents for financial algorithms have to include the statements and descriptions how they overcome limitations (or improve) the current NISQ computers (by using hybrid architectures for example). Read about it here.
Sasha Lazarevic, October 2026
