According to the Ministry of Industry and Information Technology (MIIT), China’s first photovoltaic (PV) industry patent pool was officially established on April 21.
The patent pool was co-initiated by three industry giants—Trina Solar, JA Solar, and JinkoSolar—and co-constructed in collaboration with supply chain enterprises, scientific research institutions, and intellectual property (IP) service agencies. As of now, two PV companies have already obtained licenses from the pool, and more enterprises will be invited to participate in the future.
Currently, the first batch of 54 Chinese patents admitted into the pool focuses on core technologies for TOPCon (Tunnel Oxide Passivated Contact) cells and modules, covering key processes and structural innovations.
Operating Principles and Flexibility
The patent pool strictly adheres to the principles of transparency, openness, inclusivity, market-oriented operation, and fairness. Participation is voluntary for all rightsholders. The structure supports both "package licensing" for the entire pool and maintains the flexibility of "bilateral licensing," ensuring all implementers are treated equally.
In simple terms, the mechanism functions as follows:
For Member Companies: They can use the patents within the pool free of charge, effectively eliminating the risk of internal litigation at the source.
For Non-Member Companies: They can choose flexibly based on their specific needs. They can achieve one-stop compliance and avoid infringement risks through "package licensing," or seek more precise authorization schemes that align with their development strategies through "bilateral negotiations."
Regarding fee structures, specific rates have not yet been announced. However, they will be determined by considering licensing fee data from the China National Intellectual Property Administration (CNIPA) and comparable market contracts to balance the interests of all parties.
Governance and Supervision
Simultaneously, the PV Patent Pool Expert Advisory Committee was declared established. The inaugural group of 14 experts hails from fields such as IP management, PV technology R&D, legal litigation, and anti-monopoly research. They will provide standardized supervision over the pool’s operations to ensure compliance with anti-monopoly regulations and uphold the principles of openness, fairness, and non-discrimination.
Strategic Significance
Overall, the launch of this patent pool marks a pivotal step for China’s PV industry in terms of intellectual property synergy and rule-making.
In a landscape of intensifying technical competition and frequent international trade frictions, integrating core patent resources through market-based mechanisms does more than just reduce internal industry friction and improve the efficiency of technology diffusion; it provides a more robust compliance foundation for Chinese enterprises as they expand globally.
Source：EnergyTrend