Key Takeaway: Recent developments in the U.S. and China highlight that strong patent strategy and IP risk management are critical for companies operating in the solar supply chain.
In March 2026, the U.S. International Trade Commission (ITC) launched a section 337 investigation into imports of tunnel oxide passivated contact (TOPCon) solar products in the U.S., following a complaint by First Solar, one of the largest U.S. solar manufacturers. The investigation identifies 47 respondents from 11 countries, including China’s largest solar manufacturers. First Solar requested that the ITC issue a general exclusion order, or in the alternative, a limited exclusion order and cease and desist orders, which could significantly restrict imports of accused products into the U.S. The full list of respondents can be found here.
Meanwhile, in April 2026, China’s three largest solar manufacturers, Trina Solar, JA Solar, and JinkoSolar, formally launched China’s first solar patent pool under the guidance of the Ministry of Industry and Information Technology (MIIT) and the China National Intellectual Property Administration (CNIPA). The patent pool includes 54 TOPCon patents and patent applications, and reportedly aims to “curb excessive domestic competition and to support Chinese [solar] companies in expanding more effectively into international markets,” per IPFray.
TOPCon is a next-generation solar cell architecture. Compared to older technologies such as passivated emitter and rear contact (“PERC”) cells, TOPCon solar panels generally offer higher conversion efficiency, lower long-term degradation, and improved performance in high-temperature environments.
These developments highlight the increasing importance of strong intellectual property protection and strategy in the solar industry. Companies operating in the solar supply chain should consider:
- conducting freedom-to-operate analyses before launching or importing products;
- evaluating exposure to Section 337 investigations and other trade-related IP actions;
- reviewing agreements for indemnification and licensing protections;
- monitoring developments in foreign patent pools; and
- developing U.S. and international patent filing strategies.
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