Quantum technologies and quantum computing in life sciences: transformative potential and legal challenges

Quantum technologies and quantum computing, leveraging the principles of quantum mechanics, are already transforming the life sciences and healthcare sectors. As with many emerging technologies, the promise of this technology is raising significant legal and regulatory issues that need to be addressed. 

What are quantum computing and quantum technologies?

Quantum technologies, including quantum computing, harness the laws of quantum mechanics to handle operations at speeds exponentially faster than conventional computers. 

While conventional computers use binary “bits” (i.e., “0” or “1”) to store and process data, typically in long strings of those zeros and ones, quantum computers use “qubits”, which can effectively represent both 0 and 1 simultaneously due to “quantum superposition”. This allows more data to be stored in a string of qubits compared to an equivalent string of bits.

In practical terms, this means that future quantum supercomputers might solve problems which are too complex for today’s computers or solve complex problems much more quickly. To illustrate, as far back as 2019, Google reported that their Sycamore quantum computer solved a complex problem in 200 seconds that would have taken a conventional computer 10,000 years to solve. As a result, quantum computing has the potential to revolutionise many sectors, including life sciences and healthcare. 

What are the applications of Quantum Technologies in Life Sciences?

Quantum technologies are being used in the life sciences and healthcare sectors in several ways:

• Quantum simulators: In the near term, quantum simulators are being tested in multiple areas, including: (i) quantum chemistry to simulate chemical processes at a molecular level with the aim of solving specific problems, and undertaking complex chemistry simulations; (ii) drug discovery; (iii) genomics; and (iv) the optimisation of biomolecular problems such as protein folding.
   
• Drug discovery and development: On average, drugs take 12-15 years and cost between £1-2 billion to develop. The drug discovery process has also slowed in recent years (a trend known as Eroom’s Law). Quantum computing and quantum simulators promise to accelerate this process by simulating and analysing these structures more efficiently, enabling faster identification of potential drug candidates and potentially bringing new drugs to market sooner. 
   
• Genomics and personalised medicine: Genomics is the study of an organism’s entire DNA, including all its genes. Quantum computing enables accurate and faster sequencing of genomic data, which could facilitate the development of personalised medicine tailored to an individual’s genetic makeup. Quantum simulators have the potential to enhance the simulation of non-coding DNA, which plays a key role in diseases such as cancer. With more accurate simulations, quantum computing can help target non-coding DNA more precisely, potentially allowing scientists to develop new and more effective treatments while better predicting an individual’s response to a particular treatment. 
   
• Protein folding: Understanding protein folding is critical for many biological processes and for the development of new therapies. Quantum computers can simulate and model the folding process of proteins – including more diverse and complex proteins – more accurately than mainstream computers, which struggle with the complexity of these calculations. This may lead to breakthroughs in understanding diseases caused by misfolded proteins, such as Alzheimer’s, Parkinson’s, Huntington’s and cystic fibrosis.
   
• Clinical trials: Quantum computing and simulators will optimise both the design and execution of clinical trials, such as through patient identification. They enable faster analysis of large datasets and simulation of different clinical trial scenarios, helping to design clinical trials more effectively and predict outcomes. This should help to reduce both the time and cost of conducting expensive clinical trials, bringing drugs to market faster.
   
• Quantum machine learning (QML): Quantum machine learning combines quantum computing with machine learning algorithms to process and analyse large datasets more efficiently. In life sciences, QML can be used in a variety of tasks, including the drug discovery process, medical image analysis, predicting disease outbreaks, and optimising treatment plans. 
   
• Quantum communication and security: Cybersecurity is an increasingly significant challenge for life sciences and healthcare companies. Developing quantum-resistant techniques known as “post-quantum cryptography” will ensure information such as patient data is stored securely and cannot be leaked or decrypted.
   
• Quantum sensing and imaging and diagnostics: Current imaging technologies and diagnostics have several drawbacks such as low sensitivity, invasive methods and high costs. The diagnosis of certain diseases can also take a long time. For example, in cancer, tumours often need to reach a certain stage or size before they can be detected. Quantum sensors and imagers are now enabling earlier detection, by allowing more accurate and cost-effective imaging solutions using more sensitive measurements and smaller instruments. Examples include more advanced brain imaging which are useful for conditions such as epilepsy, and positron emission tomography (PET) imaging which has long been used for 3D imaging techniques. 

What are the key legal issues?

Here are a few of the emerging legal issues and challenges:

• Intellectual property rights: The development of quantum algorithms and applications in the life sciences raises significant intellectual property issues. Quantum technologies are likely to be protected by a combination of IP rights. Patents may protect certain technologies, although determining the ownership and patentability of quantum algorithms can be complex due to the collaborative nature of research and the rapid pace of innovation. Other IP rights, such as copyright and trade secrets, may be more appropriate for protecting software and quantum systems.
   
• Data privacy, security and quantum resilience: Quantum computing’s ability to process and analyse large datasets and solve complex problems (such as integer factoring) raises data privacy and security concerns. The life sciences and healthcare sectors handle large amounts of sensitive personal and medical data that must be protected from unauthorised access and breaches. However, quantum computing could make it easier to decrypt such data, risking patient confidentiality. As a result, further developing and implementing quantum-resistant techniques, known as post-quantum cryptography, to safeguard data will be critical to ensure patient privacy. Similarly, up-to-date technical and organisational measures will need to be implemented to protect personal data by design and default. While algorithms have already been developed and standardised (e.g., by the United States National Institute for Standards and Technology), further research into post-quantum cryptography continues. In April 2025, scientists at Toshiba Europe reported that they had used so-called quantum key distribution (QKD) cryptography to transfer messages over traditional communication systems in a way that would be safe from hackers. 
  
  Regulators like the UK’s Information Commissioner’s Office (ICO) and the National Cyber Security Centre are focusing on quantum resilience against cyber risks and data privacy protection, recommending the adoption of post-quantum cryptography technologies and comprehensive data protection impact assessments (DPIAs) for new technologies. The consequences of quantum computing in life sciences is not limited to security though and, whilst it does not necessarily raise fundamentally new issues that do not exist with older technologies, it can exacerbate existing privacy concerns given the ability to process vast volumes of data at speed. 
  
  For more information, see the ICO’s recent report exploring the privacy and data protection implications from emerging technologies such as quantum computing and communications, and quantum sensing, timing and imaging and the National Cyber Security Centre’s white paper on preparing for post-quantum cryptography. 
   
• Regulatory compliance: Integrating quantum technologies into the life sciences industry requires compliance with existing regulatory frameworks, which may not currently be fully equipped to address the unique challenges posed by such technologies. Regulators will need to update guidelines and standards to reflect the emergence and evolution of quantum applications to ensure that the sector meets the necessary safety and ethical standards.
   
• Ethical considerations: The use of quantum computing in the life sciences raises ethical issues, particularly regarding the implications of personalised medicine and genetic data analysis. Issues such as informed consent, data ownership, and the potential for genetic discrimination will need to be carefully considered by both governments and regulators. It will be critical for regulators to establish appropriate ethical guidelines to ensure that concerns are adequately addressed. 
   
• Liability and accountability: As quantum computing applications become more prevalent in the life sciences sector, determining liability and accountability for errors or failures will be critical. For example, if a quantum algorithm used in drug discovery leads to adverse effects, it will be necessary to determine who is responsible — the developers of the algorithm, the researchers, or the healthcare providers. Clear legal frameworks will be required to address these issues and provide guidance for drafting appropriate contractual arrangements. 
   
• Cross-border collaboration and jurisdiction: Quantum computing research and applications often involve international collaboration, raising issues about jurisdiction and the enforcement of legal rights. Harmonising legal standards and regulations across different countries will be essential to facilitate cross-border research and commercialisation while ensuring that legal protections are consistent and effective. 
   
• Foreign direct investment laws: Under the UK’s National Security and Investment Act 2021, acquisitions and certain investment transactions involving companies active in 17 sensitive sectors, including the development or production of quantum technologies, require regulatory approval from the UK Government. If a notification is required, it may impact deal structures and timelines.

What has the United Kingdom been doing to promote quantum computing technology in the life sciences sector? 

Like many countries, the United Kingdom is ramping up efforts to deploy quantum computing technology in its life sciences and healthcare sectors. 

In February 2024, the UK Government announced investments totalling £45 million as part of a push to transform the UK into a “quantum-enabled economy” by 2033.  £30 million was awarded to winners of the UK Research Institute’s (UKRI) Quantum Testbed Competition to enable companies to move away from theoretical research to practical, real-world quantum technologies by providing prototype hardware for initial testing and evaluation. The remaining £15 million was ringfenced for winners of the “Quantum Catalyst Fund”, which was designed to accelerate quantum solutions across the public sector and areas of key interest (including transport, space, health, crime, defence, and net zero).

In July 2024, the UK Department for Science, Innovation and Technology (DSIT) announced £106 million of funding for five quantum research hubs in Birmingham, Edinburgh, Glasgow, London and Oxford.  The aim of these hubs is to develop quantum technologies that have the potential to positively impact a range of sectors, including life sciences and healthcare. These include: 

• the development of quantum sensors for ultra-sensitive disease diagnosis and treatment; 
   
• the development of a UK-wide, secure “quantum internet”; and 
   
• the development of quantum-based position and navigation systems in national security and critical national infrastructure.

In October 2024, the UK opened a new national quantum facility, the National Quantum Computing Centre (NQCC), based in Harwell, Oxfordshire. It will be home to 12 new quantum computers accessible to both academia and industry. 

Most recently, in October 2024, the UK’s innovation agency, Innovate UK, released its Quantum for Life report. According to the report, quantum computing – along with AI, engineering biology, future telecommunications and semiconductors – is one of five UK government critical technologies. The report notes a significant increase in the number of companies developing quantum technologies, including more than £220 million in quantum projects delivered by Innovate UK, with more than £14 million being allocated specifically for healthcare applications between 2018 and 2024. 

The report demonstrates what quantum technologies can achieve today and their potential for the near future. It distinguishes between “quantum enhanced technologies” that improve upon current practices and “transformative quantum technologies” that will enable entirely new approaches. The report also provides detailed examples of both and demonstrates the transformative impact that quantum technologies will likely have on the healthcare and life sciences industries in the coming years, including accelerating the drug discovery process, enabling more effective design of clinical trial design and reducing costs, all while increasing the overall performance and accuracy of current methods. 

What’s next?

Quantum computing has immense potential to revolutionise the life sciences sector, offering new opportunities for drug discovery, personalised medicine, and clinical trial optimisation. However, the integration of this transformative technology also presents significant legal and regulatory challenges that must be addressed by governments and the private sector to ensure its responsible and ethical use. Companies operating at the forefront of the quantum sector must carefully consider the legal and regulatory issues and risks associated with the development of emerging quantum technologies. 

If you would like to discuss any of the issues raised in this article, please contact James Baillieu, a corporate partner based in the London office of Bird & Bird LLP.