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Archer Materials didn’t disclose Australian patent body’s objections

Tom Richardson
Tom RichardsonJournalist

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Sharemarket bolter Archer Materials did not disclose to investors that its patent application for a novel quantum computing chip was knocked back by IP Australia on February 11, after the government patent body objected to multiple claims in the application.

Archer Materials briefly topped a $700 million valuation at $3.08 on August 16 after it told investors its patent application in the US had progressed a stage further to the national phase of the patent granting procedure.

Archer CEO Dr Mohammad Choucair says the company’s carbon material allows ‘qubits’ to be entangled at room temperature.  

On August 10 and 11, the company led by chief executive Mohammed Choucair announced it had patent applications approved in South Korea and China for the technology behind its ‘qubit’ quantum computing chip.

Shares are up nearly 20-fold from 11¢ in August 2019 to $2.15 on Thursday as Archer pivoted from exploring South Australian mining tenements in an attempt to develop a cutting-edge quantum computing chip able to run in mobile devices at room temperature.

Archer’s chairman and significant shareholder, Greg English, said it did not disclose the Australian patent body’s response because objections do not mean the patent has been rejected, rather the examiner needs clarification of some issues and/or additional information.

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The February 11 letter from IP Australia to Archer stated claims one, six, and seven in its patent application lack support under subsection 40 (3) of the Patent Act 1990.

“Further, claims 4 and 5 lack support as they appear to claim a desired result without providing details on how a qubit is operated at these temperatures, when cryogenic conditions are generally required,” IP Australia’s letter said.

None of the 16 claims satisfied the patent requirements for a novel or inventive step, with all 16 accepted as a patentable subject matter, according to the examination report.

Archer has until February 11, 2022 to overcome the patent body’s objections explained in the report.

Mr English said Archer did not disclose the ruling as there was no change to the patent’s status and the application had not lapsed, been refused, or expired.

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Rocketing share price

On January 20, Archer announced its first patent approval in Japan. On February 22, 11 days after IP Australia’s decision, Archer announced a “key technological milestone in the development of its CQ quantum computing chip” and shares surged 50 per cent in a single trading session from 80¢ to $1.20.

On March 1, it announced a “Quantum tech portfolio patent progress update”, which referenced the progress of six patent applications in Japan, Korea, Australia, the US, China, and Hong Kong. No disclosure was made around IP Australia’s objections to its patent application. The shares fell 2 per cent to 95¢ on the day.

Archer has no product, but the patent applications are important to show to the market that the technology it owns has potential to be developed into a commercial product.

Mr English said it currently has seven full-time staff working on technology development, with plans to expand. For the 12 months to June 30, staff costs totalled $1.8 million, with admin and corporate costs totalling $750,000. It had $6.2 million cash on hand at June 30, which it estimated as more than two years of available funding based on existing cash burn.

It currently has three directors including Mr English. On July 29, director Alice McCleary announced her intention to resign at its 2021 AGM. Ms McCleary held 2.7 million shares, according to Archer’s latest annual report.

After its 20-fold rise over the past two years, Archer boasts a $490 million valuation at $2.15 per share on Thursday.

Correction: The original version of this article stated Ms McCleary would resign at its August 30 general meeting, Ms McCleary will resign at its 2021 AGM.

Tom Richardson writes and comments on markets including equities, debt, crypto, software, banking, payments, and regulation. He worked in asset management at Bank of New York Mellon and is a member of the CFA Society of the UK as a holder of the Investment Management Certificate. Connect with Tom on Twitter. Email Tom at tom.richardson@afr.com

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