Chips Act 2.0 and the Quantum Act: IP, consortia and funding

The legal framework

Status and the texts

• Chips Act. Regulation (EU) 2023/1781 of 13 September 2023, published in OJ L 229 of 18 September 2023. It entered into force on the third day after publication (Article 41), so on 21 September 2023. It is in force today.
• Chips Act 2.0. A proposal of 3 June 2026, COM(2026) 504 final, procedure 2026/0139(COD). It would repeal Regulation 2023/1781 (Article 58 of the proposal). On 13 November 2026 the Legislative Observatory showed it as "Awaiting committee decision". It does not apply.
• Quantum Act. Expected on 18 November 2026. No text was available when this article was written, so we say nothing about its content. We will update this page when the proposal is published.

Quantum technologies are already covered by two adopted texts: the Chips Act (quantum chips, Article 5, point (c)) and the EuroHPC Regulation as amended by Council Regulation (EU) 2026/150, which added a quantum technologies pillar.

Who is concerned

• Chip designers, fabs, equipment makers and packaging firms that want status as a first-of-a-kind facility or strategic project.
• Research organisations, universities and start-ups that join pilot lines, consortia or competence centres.
• Buyers of semiconductors in critical sectors, who may be affected by priority-rated orders and, under the proposal, by supply declarations in public tenders.
• Quantum start-ups and labs looking for funding and access to infrastructure.

Example: a Leuven spin-off designs photonic chips and wants access to a pilot line for prototyping. Under the Chips Act, pilot lines must be open on fair terms to a wide range of users, in particular start-ups and SMEs (Articles 5, point (b)(iii), 13(4) and 14(5)).

The Chips Act today, article by article

The Chips for Europe Initiative (Articles 3 to 5). It builds a virtual design platform, supports pilot lines, develops design libraries, pilot lines and test facilities for quantum chips (Article 5, point (c)), runs competence centres and supports access to finance.

European chips infrastructure consortiums (Articles 7 to 10). An ECIC is a legal entity set up to implement actions of the Initiative. It needs at least three founding members from at least three Member States. It is recognised by Commission implementing act and has legal capacity to own IP and conclude contracts (Article 7(2)). Its statutes must cover, among other things, ownership of the results, budget and contributions, membership and governance (Article 7(3)(c)). Other entities may join on fair and reasonable terms. Members' liability is limited to their contributions, unless the statutes say otherwise (Article 8). Setting up and internal functioning are governed by Union law, in particular the Chips Act (Article 9).

First-of-a-kind facilities (Articles 13 to 16). An undertaking or consortium can apply for the status of integrated production facility or open EU foundry. Conditions include a positive spill-over effect on the Union's value chain, continued innovation in the Union, skills training, and an assurance against extraterritorial public service obligations of third countries. An open EU foundry that produces for unrelated companies must keep design and manufacturing functionally separate, to protect each customer's information (Article 14(4)). The application must show appropriate policies to protect undisclosed information and IP rights, in particular to prevent unauthorised disclosure of trade secrets (Article 15(2)(e)). The Commission decides within six months of a complete application (Article 15(3)). Such facilities are considered in the public interest, and Member States may support them within the State aid rules (Article 16).

Crisis tools (Articles 25 and 26). Once a crisis stage is activated, the Commission may request information from undertakings along the supply chain (Article 25), with fines for incorrect or late answers (Article 33). It may also require integrated production facilities and open EU foundries to accept and prioritise orders of crisis-relevant products. That obligation takes precedence over any performance obligation under private or public law (Article 26(1)). Other undertakings can be bound if they accepted this when receiving public support (Article 26(2)). An undertaking that complies is not liable for breach of contract to the extent the breach was necessary for the prioritisation (Article 26(7)).

What Chips Act 2.0 would change

The proposal keeps the structure and adds new layers. As drafted:

• Grand challenges and demand accelerators (Articles 7 to 10). R&D on next-generation AI chips and other key technologies, coordinated with the proposed Cloud and AI Development Act and EuroHPC (Article 7(3)). Demand accelerators bring chip makers and industrial users together for co-design (Article 8). The Chips Joint Undertaking supports joint and innovation procurement (Article 10).
• European semiconductor technology initiatives (Articles 14 and 15). These replace the two facility types. They must be carried out by domestic undertakings, as defined in Article 2, point (31): broadly, undertakings with their seat in the Union that are owned and controlled by a Union undertaking, plus certain undertakings owned and controlled from partner countries. The IP condition is extended: applicants must show appropriate policies and appropriate licensing agreements to protect undisclosed information and IP rights (Article 15(2)(e)). The Commission would decide within three months (Article 15(3)).
• Strategic projects (Articles 16 to 19). Cross-border projects carried out by domestic undertakings, with participation limited to Union entities, save for derogations subject to security conditions (Article 16(3) and (4)). A Union-based open foundry for advanced semiconductor manufacturing gets the highest priority (Article 19).
• Public procurement (Articles 30 to 32). For tenders in NIS2 critical sectors launched from one year after entry into force, buyers may ask bidders for a security of supply declaration on the semiconductors in their products, including the share of domestic undertakings and a dual-sourcing strategy (Article 30). The Commission could make that declaration mandatory for specific equipment (Article 31) and impose risk mitigation measures on risk-prone sectors, such as dual sourcing and stockpiling (Article 32(4)).
• Monitoring and crisis (Articles 33 to 43). A business-to-business supply chain platform (Article 34), preventive information requests before a crisis (Article 38), and priority-rated orders as in the current Act (Article 42).
• Transition (Article 59). Existing integrated production facilities and open EU foundries would keep their status under the 2023 Regulation for its duration.

Quantum funding today

Regulation 2026/150 gave the EuroHPC Joint Undertaking a quantum technologies pillar, covering research, the move from lab to fab, quantum infrastructures, skills and international cooperation (new Article 4(1), point (j)). It defines a National Quantum Competence Centre, a body that gives industry, SMEs, academia and public administrations access to quantum technologies and expertise (new Article 2, point (19a)). For quantum actions funded under Horizon Europe, each work programme must include a component of research and innovation actions up to technology readiness level 5, funded at 100% of eligible costs (new Article 34(2)). Up to EUR 160 000 000 of the Horizon Europe contribution is earmarked for quantum research and innovation (new Article 5(1)(a)). We cover EuroHPC in access to EU computing.

In practice

IP is an entry ticket, not an afterthought. Status under the Chips Act requires policies that protect trade secrets and IP. The proposal adds licensing agreements. Before you apply, put in place NDAs, access controls, invention reporting, and licences that cover background and foreground IP.

Consortium agreements decide who owns what. In an ECIC, ownership of results must be in the statutes. In funded projects, programme rules on ownership, access rights and dissemination apply alongside. Align the three: statutes or consortium agreement, grant agreement, and any licence to third parties. Decide early whether results are owned jointly or by the generating partner, and on what terms the others get access.

Check your supply contracts for priority-rated orders. If your supplier is an open EU foundry or a supported fab, a priority-rated order can push your order back, and the supplier is not liable to the extent that was necessary. Add a clause on notice, allocation and alternative sourcing. If you are a supplier, record that compliance with a priority-rated order is a recognised excuse.

Prepare for supply declarations. Suppliers to critical sectors may, under the proposal, need to show where their chips come from and how they dual-source. Map your semiconductor supply chain now.

Quantum. For quantum start-ups, the 100% funding rate up to TRL 5 is attractive, but results will often be subject to dissemination rules. File patent applications before publication. Read the technology transfer agreements guide for licensing out of a university or lab.

Frequently asked questions

Does Chips Act 2.0 already apply?

No. It is a Commission proposal of 3 June 2026, awaiting a committee decision in Parliament on 13 November 2026. The Chips Act of 2023 applies until it is replaced.

What does the Quantum Act say?

The proposal was expected on 18 November 2026. No text was available for this article. Today, quantum projects are supported through the Chips Act (quantum chips) and the EuroHPC quantum pillar.

Can a non-EU company join a strategic project under Chips Act 2.0?

As drafted, participation is limited to Union entities, with a derogation for entities from third countries if consistent with the criteria and subject to security conditions (Article 16(3) and (4) of the proposal).

Can a supplier be forced to break a contract under the Chips Act?

Only in a crisis stage, by Commission decision, as a last resort, and only for integrated production facilities, open EU foundries and undertakings that accepted this when receiving public support. Liability for breach is excluded only to the extent necessary for the prioritisation (Article 26).

How this connects

We draft and negotiate consortium, licence and supply agreements for chip and quantum projects through our patent and technology licensing and R&D grants and subsidies services. We map your patent position with patent intelligence and prepare agreements with Document Studio, our proprietary document analysis and development system. Related reading: grants and tax incentives for IP in Belgium.

Cited provisions: Regulation (EU) 2023/1781, Articles 3 to 10, 13 to 16, 25, 26, 33 and 41; proposal COM(2026) 504, Articles 2, 7 to 10, 14 to 19, 30 to 32, 34, 38, 42, 58 and 59; Council Regulation (EU) 2021/1173 as amended by Regulation (EU) 2026/150, Articles 2, 4, 5 and 34.

Key dates:

• 21 September 2023: Chips Act in force
• 20 January 2026: EuroHPC quantum pillar in force
• 3 June 2026: Chips Act 2.0 proposed
• 18 November 2026: Quantum Act expected

Related reading: access to EU computing, funding for AI and digital projects, technology transfer agreements and grants and tax incentives for IP in Belgium.