Hello everyone, today I want to delve into a unique and somewhat complex matter; intellectual property disputes within the world of solar technology. With the current surge in demand for solar, and the increasing use of Tunnel Oxide Passivated Contact (TOPCon) technology, the landscape of patent infringements is rapidly evolving.
We continue to witness increased efficiency and quicker throughput advances in the supply chain of PV modules. This steady progress, however, is often accompanied by a tumultuous swirl of legal disputes. Particularly in 2024, a flurry of patent infringement cases and litigations concerning TOPCon solar cell technology has emerged.
The proliferation of such disputes can be attributed to the pressure on manufacturers to remain competitive amidst decreasing prices. As a result, crystalline silicon (c-Si) manufacturers are resorting to legal measures to stay afloat; but curiously, it’s not just the c-Si manufacturers making noise about TOPCon.
As we see TOPCon technology become increasingly dominant, disputes have begun flying from every direction, and this commotion could potentially have a significant impact on the wider solar industry. While patent protection invariably fosters innovation, it can also inflate module prices in certain markets and even decelerate the deployment of PV.
Although these cases seem to spring up incessantly, some experts, like BloombergNEF solar analyst Jenny Chase, suggest that PV technology progression often outruns these legal battles, making their impact less significant. But a key question remains; will they indeed affect the direction the solar industry takes?
To illustrate the effect of legal disputes, consider the 2019 infringement claims filed by Hanwha Qcells revolving around its deployed passivation technology in PERC solar production. JinkoSolar, Longi Solar, and REC were among the accused. Despite victories and losses for Qcells, and the progression of these cases through the courts, the transition to TOPCon technology was already in full swing, making these suits less impactful.
In July 2024, First Solar joined the legal tussle, announcing that it was scrutinizing whether TOPCon intellectual property it acquired in 2013 was being unlawfully employed. First Solar was investigating acquired patents from the California-based crystalline silicon startup, TetraSun, a step which often precedes action in patent claims.
Furthermore, Chinese manufacturers are stepping into the fray of TOPCon legal battles. As of April 2024, Maxeon, a n-type producer based in Singapore with manufacturing in China, announced an infringement lawsuit against Qcells in the United States, echoing similar action taken against Canadian Solar and REC.
While patent disputes may represent a challenging issue, Pierre Verlinden, a former chief scientist at Chinese giant Trina Solar, affirmed the importance of patents in providing a solid return on investment to inventors and creative companies.
Undeniably, balancing competition with innovation and collaboration has always posed a unique challenge within the solar industry. And as solar companies strive to provide solar panels for your homes, they must cross the battlegrounds of legal disputes.
The solar sector is progressing at a breakneck pace, and as manufacturers pivot towards newer technologies such as TOPCon, it’s essential to monitor these ongoing litigations. Being aware of these legal battles can give us insight into the solar industry’s trajectory and can help prospective buyers better understand the market when investing in a solar array for home.
As we continue to unfold the solar industry’s complex layers and combat climate change via renewable energy, let’s not lose sight of the importance of fostering an environment of collaboration and respect for intellectual property rights. After all, everyone’s ultimate goal is harnessing the power of the sun for a greener and brighter future.
Original Articlehttps://pv-magazine-usa.com/2024/09/30/how-will-pvs-intellectual-property-scuffles-shake-out/
