A decision by the United States patent authority has reinforced the intellectual property position of First Solar, adding a new layer of complexity to global competition in advanced solar technology. The ruling rejected multiple third party efforts to invalidate First Solar’s patents related to tunnel oxide passivated contact technology, a design increasingly used to improve solar cell efficiency. The challenges were brought by rival manufacturers seeking to undermine the legal basis of the patents, reflecting rising pressure within the solar industry as companies compete for technological leadership and market share. The outcome strengthens First Solar’s leverage at a time when clean energy supply chains are becoming more politicized and legally contested across major markets.
The rejected applications were filed by JinkoSolar, Canadian Solar, and Mundra Solar, all of which questioned the validity of the underlying technology. The US Patent and Trademark Office denied the requests across separate rulings issued late last year, concluding that the arguments presented did not meet the threshold required to reopen the patents. The outcome preserves the enforceability of First Solar’s claims in the United States and reinforces protections stemming from its earlier acquisition of key solar technologies. As efficiency improvements become a central differentiator in solar manufacturing, control over such patents carries growing strategic and commercial weight.
The decision also intersects with ongoing legal battles, as First Solar has filed infringement lawsuits against the same companies in a US federal court. Those cases are expected to test how patent protections translate into practical market outcomes, particularly as foreign manufacturers expand exports into North America. TOPCon technology has been gaining traction globally due to its higher conversion efficiency compared with older crystalline silicon designs, making it a focal point of competition. As adoption accelerates, disputes over ownership and licensing are likely to intensify, especially where national industrial policy and trade measures already shape market access.
Beyond the immediate legal implications, the ruling highlights broader tensions within the global clean energy sector. Governments are increasingly prioritizing domestic production of critical technologies, including solar components, while companies rely on intellectual property to defend competitive advantages. For Chinese manufacturers with strong global footprints, patent enforcement in the United States represents both a commercial risk and a strategic constraint. For US based firms, successful defense of patents reinforces arguments for local manufacturing and technology leadership. As the energy transition drives rapid innovation, legal institutions are playing a growing role in determining how benefits are distributed across borders.
