JinkoSolar has won a major patent invalidation case in China against First Solar’s TOPCon-related patent, with the China National Intellectual Property Administration declaring it completely invalid.
Chinese PV manufacturer JinkoSolar has obtained a favorable patent invalidation ruling in China against a patent on TOPCon solar cell technology held by US module manufacturer First Solar, in a case that could impact broader disputes over TOPCon solar cell technology.
China The National Intellectual Property Administration (CNIPA) has declared patent 201080027881.6, titled “High-efficiency solar cell structures and manufacturing methods,” completely invalid. The patent, owned by TetraSun, a subsidiary of First Solar, was declared invalid on grounds of lack of novelty and inventive step, with all 17 claims in the ruling dismissed.
The Chinese patent is considered the counterpart to U.S. Patent No. 9,130,074, a key asset in First Solar’s TOPCon-related enforcement efforts. Google Patents data shows that the US patent was originally associated with TetraSun and was later assigned to First Solar in 2025.
First Solar stated in July 2024 that it holds patents related to the production of TOPCon silicon solar cells. The company said these patents were obtained through its 2013 purchase of TetraSun and include issued rights in markets such as the United States, China, Canada, Mexico, Malaysia, Vietnam, Japan and Australia, some of which are valid until 2030.
The dispute has since spread to multiple jurisdictions.
First solar energy issued a warning to shareholders and competitors in November 2024 alleging that the Longi, Trina Solar, Jinko Solar, JA Solar and Canadian Solar were using the First Solar TOPCon patents without a license. In February 2025, First Solar filed infringement claims against JinkoSolar in the United States District Court for the District of Delaware, alleging infringement of TOPCon-related patents.
In March 2026, the U.S. International Trade Commission initiated a Section 337 investigation into certain TOPCon solar cells, modules, panels and related components following a complaint from First Solar in February.
In January, the United States Patent and Trademark Office has denied three separate review applications seeking to invalidate patents related to TOPCon technology held by First Solar. JinkoSolar and Canadian Solar attempted to invalidate U.S. Patent No. 9,130,074, while Mundra Solar challenged U.S. Patent No. 9,666,732.
The Chinese ruling does not affect the validity of the US patent or the ongoing US lawsuits and ITC proceedings. However, it could support arguments made by JinkoSolar and other manufacturers in foreign cases, especially in the areas of prior art and patentability.
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