National Intellectual Property and other departments: Encourage enterprises to increase investment in R&D to accelerate technological progress such as TopCon batteries, back-contact batteries, and heterojunction batteries

The Zhitong Finance App learned that on December 31, the State Intellectual Property Office and the Ministry of Industry and Information Technology issued opinions on further strengthening intellectual property protection in the photovoltaic industry. Opinions are put forward to promote the layout of high-quality patents. Encourage enterprises to increase investment in R&D, accelerate technological progress such as TopCon batteries, back contact batteries, and heterojunction batteries, and strengthen the layout of high-value patents. Guide enterprises to target cutting-edge technologies such as perovskite and laminated batteries, and reserve basic patents ahead of time. Strengthen enterprise patent layout guidance, guide enterprises to increase innovation efforts in the fields of inverters, key raw materials, equipment, system components, etc., and carry out patent exploration and cultivation in upstream and downstream processes such as optical storage integration, intelligent management systems, and integrated operation and maintenance.

The original text is as follows:

Opinions of the Ministry of Industry and Information Technology of the State Intellectual Property Office on further strengthening the protection of intellectual property rights in the photovoltaic industry

GuoZhi Fa Guoji [2025] No. 41

Intellectual property offices, industrial and information technology departments of the provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps:

In order to thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council, give full play to the value function of intellectual property protection and incentives for innovation, effectively break down “internal rolling” competition, continue to create a fair and orderly market environment, and promote the healthy development of the photovoltaic industry, the following opinions are put forward.

I. General Requirements

Guided by Xi Jinping's ideology of socialism with Chinese characteristics in the new era, fully implement the spirit of the 20th National Congress and the 20th Plenary Session of the Party, focus on key links and key areas of the PV industry chain according to the Central Economic Work Conference, strengthen intellectual property protection, strengthen risk response, create a good atmosphere where the whole industry respects intellectual property rights and innovation, stimulate the promotion of intellectual property rights in the construction of a modern photovoltaic industry system, and serve the construction of a strong manufacturing country and intellectual property power.

Adhere to the combination of an effective market and a promising government, strengthen policy guidance, strengthen the dominant position of enterprises in the market, and create a good intellectual property environment. Adhere to the combination of innovation incentives and quality improvement, further stimulate the innovation initiative and intellectual property creation enthusiasm of PV enterprises, and accelerate the layout of high-quality intellectual property rights. Adhere to the combination of strict protection and efficient application, improve a well-connected protection pattern, and establish a standardized and orderly market-based patent operation mechanism.

By 2027, intellectual property rights have achieved remarkable results in promoting the healthy development of the photovoltaic industry. China's photovoltaic industry has richer intellectual property reserves, and has cultivated and laid out a number of high-value patents with competitive advantages; intellectual property protection is constantly being strengthened, the level of intellectual property transformation and application continues to improve, and its ability to deal with intellectual property risks is steadily improving.

II. Key tasks

(1) Promote the layout of high-quality patents. Encourage enterprises to increase investment in R&D, accelerate technological progress such as TopCon batteries, back contact batteries, and heterojunction batteries, and strengthen the layout of high-value patents. Guide enterprises to target cutting-edge technologies such as perovskite and laminated batteries, and reserve basic patents ahead of time. Strengthen enterprise patent layout guidance, guide enterprises to increase innovation efforts in the fields of inverters, key raw materials, equipment, system components, etc., and carry out patent exploration and cultivation in upstream and downstream processes such as optical storage integration, intelligent management systems, and integrated operation and maintenance. Strengthen intellectual property layout requirements in projects related to the photovoltaic industry, highlight quality orientation, and form patent results that match research goals.

(2) Improve the efficiency of patent pre-examination and examination. Play the role of a national intellectual property protection center to provide professional and efficient patent pre-examination services for photovoltaic companies. Further clear the “green channel” for priority patent examination, accelerate the implementation of the on-demand examination system, and use examination models such as delayed examination and centralized examination to help photovoltaic companies improve the quality and efficiency of patent application layouts. Support enterprises that are in a position to do so to face diversified international markets, formulate layout strategies according to local conditions, and make full use of the Patent Examination Highway (PPH) channel to develop overseas patent layouts.

(3) Strengthen intellectual property risk monitoring and early warning. Promote the establishment of an intellectual property infringement risk monitoring mechanism for the entire chain from the preparation of upstream photovoltaic raw materials to the production of photovoltaic modules. Strengthen the monitoring of intellectual property risks, intellectual property litigation, foreign transfers of core technology patents, and public opinion, and establish and improve intellectual property risk notification mechanisms. Build a database on intellectual property rights in the photovoltaic industry, provide enterprises with information on intellectual property laws, regulations, institutional environments, practical guidelines, etc. in major countries and regions, and regularly publish photovoltaic intellectual property development and risk warning reports.

(4) Strengthen the efficient handling of administrative rulings on disputes. Provincial (autonomous regions, municipalities directly under the Central Government) intellectual property management departments and industrial and information technology authorities that guide the photovoltaic industry clusters establish special mechanisms to resolve photovoltaic patent disputes and efficiently handle administrative ruling cases of patent infringement disputes according to law and regulations. Promote the establishment of a cross-regional joint trial mechanism for administrative rulings on photovoltaic patent infringement disputes. Improve the technical investigation officer system, strengthen the construction of an intellectual property certification system, and increase technical support for handling administrative rulings in the photovoltaic field. Strengthen the efficient coordination of administrative rulings on patent infringement disputes and related administrative procedures to confirm rights, speed up the trial of related cases, and improve the efficiency of rights protection.

(5) Strengthen collaborative protection of intellectual property rights. Establish an information sharing mechanism, and intellectual property management departments regularly copy information on administrative ruling cases to departments in charge of industry and information technology, state-owned assets supervision and management, customs administration, etc., to effectively regulate intentional infringement and repeated infringement of intellectual property rights in the photovoltaic field. Authorities in charge of industry and information technology strictly implement the regulatory requirements of the photovoltaic manufacturing industry, and strengthen the dynamic management of the list of enterprises with regulatory conditions in the photovoltaic manufacturing industry based on comprehensive reviews of enterprise core patents and rulings on intellectual property infringement in administrative rulings. Strengthen customs protection of intellectual property rights, strictly implement the requirements of the “Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights”, and prohibit the import and export of photovoltaic products that infringe intellectual property rights according to law.

(6) Strengthen infringement regulations in bidding. Central enterprises and state-owned enterprises should play an exemplary leading role, resolutely put an end to the manufacture, sale, and use of products that infringe intellectual property rights, and encourage in tender documents to clearly require bidding enterprises to independently promise that the relevant products do not violate intellectual property rights violations. Use administrative rulings or judicially-effective judgments on intellectual property infringement disputes as an important basis for central state-owned enterprises in the procurement and bidding process.

(7) Guide the development of diversified dispute resolution. Make full use of the “general to total” litigation mediation and docking mechanism, and resolve intellectual property disputes in the photovoltaic industry ahead of time. Regions that are in a position to do so are encouraged to rely on organizations such as intellectual property protection centers to carry out intellectual property mediation work in the photovoltaic industry. Support industry associations and other social organizations to actively participate in the mediation of intellectual property disputes among photovoltaic companies. Arbitration organizations that are in a position to do so are encouraged to strengthen the professional team for intellectual property arbitration in the photovoltaic industry. Give full play to the role of industry organizations and issue self-regulatory initiatives for the photovoltaic industry to respect intellectual property rights.

(8) Promote the efficient transformation and application of intellectual property rights. Relying on the patent inventory revitalization system of universities and scientific research institutions, we will accelerate the connection between supply and demand and industrial application of patents in the photovoltaic field. Give full play to the role of enterprises, industry associations, research institutes, etc. in the photovoltaic field, build industrial intellectual property operation centers, establish patent pools according to the principles of marketization, balance of interests, openness and non-discrimination, and promote the efficient transformation and collaborative application of intellectual property rights in the industrial chain.

(9) Strengthen responses to overseas intellectual property risks. Improve overseas intellectual property rights protection assistance mechanisms for the photovoltaic industry. Strengthen the prevention of intellectual property risks of photovoltaic companies in international exhibitions, product exports, overseas investment, etc. Give full play to the role of the PV industry in dealing with overseas intellectual property disputes, guide photovoltaic companies to strengthen communication and exchange of overseas intellectual property information, and improve the ability of enterprises to deal with overseas intellectual property disputes. Make good use of high-value patent reserves and cooperate to deal with overseas intellectual property lawsuits. Support enterprises to establish mutual aid funds for overseas rights protection in the photovoltaic industry to help reduce the cost of dealing with intellectual property risks.

(10) Raise the level of intellectual property capabilities of enterprises. Guide photovoltaic companies to establish intellectual property compliance management systems. Strengthen special training on intellectual property protection for photovoltaic companies. Support research institutes, intellectual property protection centers, etc. to regularly train photovoltaic companies for intellectual property managers, and accelerate the cultivation of a group of high-level complex talents to support the transformation and application of intellectual property rights in the photovoltaic industry and risk management. Give full play to the role of intellectual property public service agencies and strengthen public service support for core technology research of photovoltaic enterprises. Promote exchanges and cooperation with the “Belt and Road” countries and high-level photovoltaic industry associations in other countries (regions), and contribute China's strength to the development of the global photovoltaic industry.

(11) Strengthen trademark brand building and protection. Guide photovoltaic companies to improve brand management capabilities and improve the level of trademark brand creation, application and protection. Promote photovoltaic companies to actively shape a good image of Chinese brands and build well-known brands with international influence. Strengthen trademark protection and strictly crack down on acts such as counterfeiting well-known trademark brands and maliciously applying for trademark registration. Guide photovoltaic companies to do a good job of monitoring the use of overseas trademarks, reduce the risk of overseas trademarks and domain names being squandered, and handle overseas intellectual property disputes in a timely and proper manner.

III. Job security

Intellectual property management departments and departments in charge of industry and information technology establish a coordination and consultation system for the development of intellectual property rights in the photovoltaic industry, strengthen overall guidance, and form a normalized communication mechanism. Actively explore models of central-local linkage and regional cooperation. Strengthen support for public service platforms in the photovoltaic field, and support photovoltaic companies with outstanding levels of innovative R&D and intellectual property management and application capabilities in project reporting and credit management. Gather high-quality service resources from overseas and organize industry associations to establish special think tanks covering experts in the fields of intellectual property rights, industry, law, public services, etc. Strengthen intellectual property protection publicity work in the photovoltaic field, innovate publicity methods, collect and promote excellent cases, and create a good social atmosphere that respects intellectual property rights and advocates innovation.

Ministry of Industry and Information Technology of the State Intellectual Property Office

December 29, 2025

This article was edited by the State Intellectual Property Office, Zhitong Finance Editor: Chen Wenfang.