ARTICLE
7 July 2026

"Avoiding IP Issues"

MG
Marshall, Gerstein & Borun LLP

Contributor

Marshall, Gerstein & Borun is a full service intellectual property law firm that protects, enforces and transfers the intellectual property of clients in more than 150 countries worldwide.  Nearly half the Firm’s professionals have been in-house as general counsel, patent counsel, technology transfer managers, scientists or engineers, and offer seasoned experience in devising and executing IP strategy and comprehensive IP solutions. Learn more at www.marshallip.com.
Patent enforcement surrounding TOPCon solar cell technology is intensifying across the U.S. solar industry, forcing manufacturers, developers, and asset owners to fundamentally reassess their technology roadmaps and procurement strategies. The controversy centers on patents covering core tunnel oxide passivated contact manufacturing methods, creating shared IP risk that impacts the entire solar supply chain differently depending on each stakeholder's position. How are these intellectual property disputes re
United States Intellectual Property
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Intellectual property has become a critical supply chain risk across the U.S. solar industry, requiring manufacturers, developers, and asset owners to incorporate patent considerations into business strategy long before disputes arise. Marshall Gerstein’s Isaku Begert examines how IP disputes are becoming a critical supply chain issue for the U.S. solar industry in an article published by PV Magazine.

As patent enforcement surrounding TOPCon solar cell technology intensifies, manufacturers, developers, EPCs, and asset owners alike must account for IP risk when making technology, procurement, and investment decisions.

As Isaku explains, “A growing controversy affecting U.S. solar manufacturers centers on patents covering core tunnel oxide passivated contact (TOPCon) manufacturing methods, addressing fundamental process steps rather than incremental design features.”

Isaku notes the immediate impact of this development: “Manufacturers are reassessing TOPCon roadmaps, licensing strategies, and production timelines, while uncertainty around module availability is influencing downstream procurement decisions. The dispute illustrates how shared IP risk originates from the same patent rights but impacts manufacturers and non-manufacturers differently.”

Isaku's full article is featured in the June edition of PV Magazine, which is available for purchase here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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