It's reported from overseas media Juve-Patent that the EPO Opposition Division recently revoked a key solar technology patent held by JA Solar (hereinafter referred to as "JA Solar") (Patent No. EP 4 092 759). According to relevant sources, this patent is the core of the dispute between Chinese solar panel manufacturers CHINT Green Energy and JA Solar, and the EPO’s decision to invalidate the patent may impact the upcoming hearing at the UPC.

The dispute between CHINT Green Energy and JA Solar involves JA Solar’s patents EP2787541 and EP4092759, which relate to TOPCon, an innovative technology for the next generation of solar cells. TOPCon technology is regarded as a mainstream technical pathway in the new generation of the photovoltaic market. As major manufacturers start to deploy TOPCon production lines, the ownership and validity of related patents directly affect enterprises’ competitiveness in high-end markets.

JA Solar and CHINT Green Energy are also engaged in parallel litigation at the UPC and have initiated opposition proceedings at the EPO. Additionally, on July 31, JA Solar filed an infringement lawsuit regarding EP 759 at the UPC Hamburg Local Division, 2024 (Case No.: UPC_CFI_429/2024). The Hamburg court is scheduled to hear the case on November 19. It’s said that the EPO’s invalidation of JA Solar’s patent will affect the parallel litigation at the UPC, and subsequent rulings by the UPC need close attention.

The EPO’s decision to invalidate the patent is not the end, and it’s heard that JA Solar plans to appeal. Regardless of the outcome, the patent dispute between JA Solar and CHINT Green Energy gives a hint to the entire photovoltaic industry: international patent competition in the photovoltaic sector is entering a deeper and more complex stage. For Chinese photovoltaic enterprises, future competition will focus not only on production capacity and efficiency but also comprehensive strength of patent quality and legal strategy.

From IP Forefront

October 20th, 2025