Photonics is rapidly transforming from a primarily academic discipline into a driving force of industrial innovation, and its applications span multiple sectors. Traditionally, photonics was concentrated in universities and government labs, and innovations were primarily disseminated through academic publications and implemented in scientific, specialized experimental setups. But as engineers have successfully integrated photonic components into large-scale semiconductor manufacturing processes, fabrication costs are expected to decrease significantly. This development is fueling the expanded implementation of photonics in new industries, including pluggable transceivers, AI accelerators and quantum computers, LiDAR, sensing, biomedical applications, and holography.
With this shift, the nature of innovation is evolving. Companies no longer focus solely on proof-of-concept demonstrations or academic novelty. Instead, attention is shifting toward scalable architectures, cost-effective manufacturing, and system-level integration. This industrial momentum is accompanied by increased investments and heightened competition—and it creates a growing need to secure and manage IP across all stages of the product development lifecycle.
As photonics moves further into commercialization, IP strategies must evolve. Companies should develop comprehensive approaches that include adapting their patent filing strategies and moving beyond simple patent procurement to incorporate trade secret protection, licensing, clearance, and litigation readiness. Ensuring legal and technical teams are aligned is critical to executing an effective IP strategy.
Tailor your patent strategies
A strong patent strategy should cover multiple levels of the supply chain—from system-level architectures to granular innovations such as packaging, control software, power and thermal management, and test procedures. This creates layered protection that can deter competitors, support enforcement efforts, and increase the overall strategic value of the portfolio.
Startups should focus their efforts on “omnibus applications,” which are broad filings that encompass multiple embodiments and technical concepts. These serve as foundational filings that can later be mined via continuing applications into more targeted claims as the company’s commercial focus sharpens—because it provides flexibility in uncertain environments. In contrast, more established companies should target filings toward specific innovations that solve industry-specific technical problems, such as efficient, low-cost fiber-to-photonic integrated circuit (PIC) coupling. For companies seeking to grow through mergers and acquisitions, it is important to confirm that the target’s IP portfolio is aligned with the technology most likely to generate future revenue.
Companies should work closely with IP counsel to map filing strategies to technical roadmaps and product release timelines. This includes identifying aspects of the technology to prioritize for initial protection, planning a continuation strategy to adapt to market shifts, and coordinating claim scope with commercialization goals.
Some of the most strategic inventions arise at the interface between different layers of the supply chain. For instance, a new capability might result from a combination of device design and a specialized manufacturing step. If joint development has occurred, joint filings may be appropriate. Alternatively, companies may choose to carve out distinct aspects of the invention, such as separating the process claims from the device claims, to maintain sole ownership when possible.
Internal processes
Preserving IP rights often comes down to timing and process. Companies need strong internal protocols that ensure the legal and R&D teams are aligned before any public disclosure—whether at a technical conference, a partner meeting, or in informal discussions. Industry conferences like SPIE Photonics West, Optical Fiber Communications Conference (OFC), and Conference on Lasers and Electro-Optics (CLEO) are often the venues where inadvertent disclosures lead to the loss of IP rights. In the U.S., such disclosures start a one-year grace period, but in many jurisdictions, they can result in an immediate loss of rights.
Aligning IP strategy with product development is critical to avoid costly mistakes. Legal teams should be involved early to identify patentable ideas, flag freedom to operate (FTO) concerns, and ensure that filings reflect commercial priorities. This alignment helps focus resources on innovations likely to deliver long-term value, while keeping the company aware of IP risks and opportunities as they arise.
In practice, companies should create formalized review processes for publications, presentations, and partner communications. This may include establishing a disclosure review committee, using standardized disclosure request forms, and maintaining an internal calendar of upcoming conferences to flag potential risks. Ensuring NDAs are in place before exploratory discussions with third parties is also critical.
Trade secrets
In photonics, much of the competitive edge lies within detailed process know-how that is difficult to reverse engineer but essential to performance and yield. This can include manufacturing-specific innovations such as proprietary waveguide fabrication recipes, fabrication tolerances, hard-to-detect process steps, and test calibration methods. While such innovations may not always meet the standards for patentability, they represent substantial value.
To protect this type of information, companies should treat trade secret protection as a core element of their IP strategy. It means developing formal internal policies, educating employees about confidentiality expectations, labeling proprietary documents appropriately, and conducting regular audits of contracts with employees, contractors, and collaborators to ensure they include robust trade secret protections.
Because the legal enforceability of noncompete agreements is expected to narrow within the U.S. due to state-level reforms and proposed federal regulation, protecting trade secrets is more important than ever. One of the most significant sources of risk arises from departing employees who may carry proprietary techniques or sensitive strategic information to competitors. Companies should consider well-drafted confidentiality and invention assignment agreements coupled with clear onboarding and offboarding protocols. Trade secret policies should include procedures for exit interviews and reminders of continuing confidentiality obligations. These can help mitigate the risk of inadvertent or deliberate disclosure after employment ends.
Litigation readiness
Given the expected multibillion-dollar impact of photonics within next-gen infrastructure, particularly for AI and high-speed data processing, significant IP litigation is likely to emerge during the coming years. Photonics’ academic roots have left behind a web of foundational patents, many of which are quite broad in scope. As commercial products come to market, the risk of running afoul of these patents is growing. FTO analysis is essential to identify potential roadblocks and guide early-stage product designs. Building internal tracking systems for competitor filings and setting up alerts for post-grant proceedings can also help companies stay ahead of potential litigation threats.
Disputes can come from competitors looking to gain market share or from nonpracticing entities (NPEs) asserting older patents. As companies transition from stealth mode to commercialization, it is critical to adopt comprehensive defensive strategies. In disputes with competitors, a well-built patent portfolio can be used as a tool for negotiation. Against NPEs, post-grant proceedings before the Patent Trial and Appeal Board (PTAB) can offer an efficient way to challenge the validity of asserted patents based on prior art.
Ultimately, photonics companies need to treat IP as a forward-looking business asset. A combination of thoughtful patenting, robust trade secret protection, early coordination, and litigation readiness will help companies not only survive—but thrive—in a competitive and fast-evolving field.
Michele Moresco
Michele Moresco is an attorney in Wolf Greenfield’s Electrical & Computer Technologies Practice. He focuses on patent prosecution, with additional experience in patent litigation and IPR matters. His technical experience spans photonics, optical communications, semiconductors, and electromagnetic materials. Before joining Wolf Greenfield, he was a postdoctoral associate at MIT. He also worked as a research scientist at Photonic Corp., where he developed a prototype for a 1024-cores microprocessor for next-generation supercomputers. Moresco earned his Ph.D. in electrical engineering from Boston University.