Chinese solar module manufacturer JA Solar has initiated patent infringement proceedings against a competing module manufacturer before the Unified Patent Court (UPC). The two complaints, filed before the Munich and Hamburg Local Divisions of the UPC, are directed at the competitor’s range of TOPCon solar modules and concern the infringement of JA Solar’s patents EP 2 787 541 B1 and EP 4 092 759 B1. The abbreviation “TOPCon” stands for the “tunnel oxide passivated contact” technology, which has become the state-of-the-art and market standard for crystalline silicon solar cells.
The first patent, EP 2 787 541 B1, covers the characteristic layer structure of TOPCon solar cells including the ultra-thin tunnelling silicon oxide (SiO2) layer and a thin highly doped polysilicon layer arranged on the back surface of the silicon wafer, allowing electrons to pass through thanks to the quantum tunnelling effect, and at the same time effectively reducing recombination effects, thereby improving the efficiency of the cells. EP ‘541 has a remaining lifetime until 2034 and is validated in Germany, the Netherlands, Italy and France, as well as in the UK.
The second patent, EP 4 092 759 B1, concerns the arrangement of the electrodes (consisting of finger lines and bus bar lines) on the solar cell and of the leads connecting the single solar cells of a solar panel. It is part of a larger patent family concerning the structure and arrangement of electrode and connecting leads which are to be found on most of the current TOPCon solar modules on the market. EP ‘759 will not expire before 2035 and has been validated as a Unitary Patent and therefore can be enforced with effect to all Contracting Member States of the UPC.
A spokesperson of JA Solar commented: “For JA Solar, IP is not just a buzzword; it is a commitment, and our assertive stance on patents ensures that our groundbreaking technology leads the way. We have the responsibility to protect our leadership position and will continue to enforce our patent rights against those who are attempting to sell infringing products in Europe and other markets.”
