First Solar Bolsters TOPCon Patent Enforcement with Key US Regulatory Decision, UAE Rights Confirmed
Dubai, UAE – A significant development in global intellectual property protection has seen First Solar secure a procedural victory in its ongoing patent disputes concerning TOPCon crystalline silicon (c-Si) solar cell manufacturing methods. The United States Patent and Trademark Office (USPTO) recently declined to review challenges to First Solar’s TOPCon patents, a decision that has implications for the company’s enforcement strategy, including in markets like the United Arab Emirates.
The USPTO Director denied three separate Inter Partes Review (IPR) applications filed last year by JinkoSolar, Mundra Solar, and Canadian Solar. This regulatory action effectively allows First Solar’s related patent infringement lawsuits, currently pending in the US District Court for the District of Delaware, to proceed unimpeded by these challenges.
JinkoSolar and Canadian Solar had sought to challenge the validity of US Patent No. 9,130,074, while Mundra Solar targeted US Patent No. 9,666,732. Both patents are central to the methods used in producing advanced TOPCon solar cells. The rejections occurred on November 20 for JinkoSolar, December 11 for Mundra Solar, and December 18 for Canadian Solar.
Global Reach and UAE Patent Portfolio
While First Solar’s core technological focus is cadmium telluride (CdTe), a silicon-free solar PV technology, its ownership of the disputed TOPCon patents stems from its acquisition of TetraSun in 2013. The company has been assertive in protecting these intellectual property rights, having launched TOPCon cell patent infringement investigations against various manufacturers in July 2024.
Crucially for the GCC region, First Solar’s patent portfolio for TOPCon technology extends globally, encompassing issued patents in numerous jurisdictions. These include the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the UAE, and Vietnam. These issued patents are protected until 2030 or beyond. Furthermore, the company holds patent applications in several markets, including the European Union, Japan, Hong Kong, the UAE, and Vietnam, signaling a robust and forward-looking intellectual property strategy in key international markets.
Implications for Patent Enforcement
A representative from First Solar commented on the USPTO’s decision, stating that it aligns with the agency’s ‘Settled Expectations’ doctrine. This principle suggests that the longer a patent has been in force, the stronger the patent owner’s expectations of its validity should be. The patents at the heart of these recent challenges were originally issued in 2015 and 2017, predating the petitions for review.
This development underscores the growing importance of intellectual property protection in the rapidly evolving renewable energy sector. While this specific decision was made by a US regulatory body, the global nature of First Solar’s patent holdings, particularly its inclusion of the UAE, highlights the international legal landscape companies navigate to protect their innovations. The broader solar industry has also seen instances of mutual resolution in TOPCon disputes, indicating a complex and active environment for patent enforcement.