JinkoSolar has won a key patent invalidation in China against First Solar’s TOPCon-related patent, with the China National Intellectual Property Administration ruling it fully invalid.
Chinese PV manufacturer JinkoSolar has secured a favorable patent invalidation ruling in China against a TOPCon solar cell technology patent held by US module maker First Solar, in a case that could influence broader disputes over TOPCon solar cell technology.
China National Intellectual Property Administration has declared patent 201080027881.6, titled “High-efficiency solar cell structures and methods of manufacture,” fully invalid. The patent, held by TetraSun, a First Solar subsidiary, was invalidated on the grounds of lacking novelty and inventive step, with all 17 claims being struck down in the ruling.
The Chinese patent is considered the counterpart of U.S. Patent No. 9,130,074, a key asset in First Solar’s TOPCon-related enforcement efforts. Google Patents records show the U.S. patent was originally associated with TetraSun and later assigned to First Solar in 2025.
First Solar stated in July 2024 that it owns patents related to the manufacture of TOPCon silicon solar cells. The company said these patents were acquired 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, with some valid through 2030.
The dispute has since expanded into multiple jurisdictions.
First Solar issued a warning to shareholders and its competitors in November 2024 that alleged that the Longi, Trina Solar, Jinko Solar, JA Solar and Canadian Solar were using First Solar TOPCon patents without a license. In February 2025, First Solar filed infringement claims against JinkoSolar in the U.S. District Court for the District of Delaware, alleging infringement of TOPCon-related patents.
In March 2026, the U.S. International Trade Commission instituted a Section 337 investigation into certain TOPCon solar cells, modules, panels and related components following a First Solar’s complaint in February.
In January, the United States Patent and Trademark Office denied three separate review applications seeking to invalidate patents related to TOPCon technology held by First Solar. JinkoSolar and Canadian Solar sought 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 U.S. patent or the ongoing U.S. litigation and ITC proceedings. However, it could support arguments from JinkoSolar and other manufacturers in overseas cases, particularly on prior art and patentability.
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