First Solar Secures Patent Victory: USPTO Denies Challenges from Competitors

In a significant development for the solar technology industry, First Solar, Inc. (Nasdaq: FSLR) announced on January 20, 2026, that the United States Patent and Trademark Office (USPTO) has denied attempts by JinkoSolar, Mundra Solar, and Canadian Solar to invalidate First Solar's Tunnel Oxide Passivated Contact (TOPCon) patents. This ruling reinforces First Solar’s position in the competitive landscape of photovoltaic (PV) solar cell manufacturing and highlights the strength of its intellectual property portfolio.

The USPTO's decision came after three separate Inter Partes Review (IPR) applications were filed against First Solar's patents in 2025. JinkoSolar and Canadian Solar challenged the validity of First Solar’s US Patent No. 9,130,074, while Mundra Solar focused on US Patent No. 9,666,732. Both patents encompass critical methods for manufacturing TOPCon crystalline silicon PV solar cells. The USPTO rejected these applications on November 20, December 11, and December 18, respectively.

Jason Dymbort, Executive Vice President and General Counsel of First Solar, expressed confidence in the USPTO's rulings, stating that the decisions reflect a proper exercise of discretion in accordance with the USPTO's 'Settled Expectations' doctrine. This principle suggests that patents in force for an extended period should bolster the patent owner's expectations regarding their validity. Notably, the patents in question were issued in 2015 and 2017, prior to the petitions filed by the competing manufacturers.

First Solar is not merely resting on its laurels; the company has initiated legal proceedings against all three challengers in the United States District Court for the District of Delaware, alleging infringement of its patents. Dymbort asserted, “The USPTO’s decision reinforces our belief in the strength of our TOPCon technology patent portfolio. As we’ve consistently stated, we will actively defend our intellectual property rights in the US and internationally and continue to pursue legal action against these and other manufacturers.”

The company’s proactive stance on patent enforcement aligns with its broader strategy following the acquisition of TetraSun, Inc. in 2013, through which First Solar obtained its US TOPCon patents. The company’s intellectual property portfolio extends beyond US borders, with patents and pending applications in numerous countries, including Australia, Canada, China, and the European Union, with validities extending to 2030 and beyond.

The rejection of the patent challenges by the USPTO is a significant victory for First Solar, positioning it favorably within the increasingly competitive solar technology market. As the world shifts toward renewable energy solutions, the strength of First Solar's patent portfolio may serve as a crucial differentiator, enabling the company to maintain its competitive edge against rivals.

The company’s commitment to license and enforce its TOPCon technology was previously announced in July 2024, showcasing First Solar’s intention to collaborate with other manufacturers while protecting its innovations. This strategic approach not only safeguards First Solar's interests but also fosters a competitive market that encourages technological advancements in solar energy production.

As First Solar continues to defend and enhance its intellectual property rights, the recent USPTO ruling serves as a testament to the company’s ongoing commitment to innovation and market leadership in the solar industry. With a robust patent portfolio and a clear strategy for enforcement, First Solar is well-positioned to navigate the complexities of the solar market and contribute to the global transition to renewable energy sources.