News Article
University Will Appeal EU Patent Decision
Université de Neuchâtel and Oerlikon issue a statement rebuking EU patent decision
The European Patent Office's (EPO) first instance Opposition Division revoked European Patent EP 0 871 979 B1*, owned by Université de Neuchâtel (IMT). Oerlikon believes that the EPO did not recognize the true contribution of IMT's invention to the art. Oerlikon Solar owns exclusive worldwide rights to this patent for solar cells on glass (and glass-like substrates).
Prof. Christophe Ballif, Head of IMT PV lab: "We have to say that we are disappointed that a mere technicality in the filing process has led the EPO to revoke this valuable patent in its entirety, and we do not believe it is the right decision. We are convinced of our patent's validity and therefore the Université de Neuchâtel will appeal the decision. Until the verdict is final, the patent remains in force. "Oerlikon Solar disagrees strongly with the decision of the EPO. At the same time we want to clearly outline that the validity of the patent remains in force pending a final decision regarding Université de Neuchâtel's appeal", said Jeannine Sargent, CEO Oerlikon Solar.
The patent in question is one of more than 500 granted and pending patents in Oerlikon Solar's IP portfolio, and it is one of many factors that position the company at the forefront of the thin-film silicon PV equipment industry. The disputed patent describes a way to deposit microcrystalline silicon on glass and glass-like substrates. Though this is an important process step in the production of thin-film silicon solar modules, the Oerlikon end-to-end solutions do not depend on this single aspect.
Based on leading R&D and technology, Oerlikon Solar is currently the sole provider of field proven end-to-end solutions for thin-film silicon solar modules. More than 800,000 modules have already been produced by customers of Oerlikon Solar. "In this R&D intensive industry, IP protection plays a vital role to safeguard our investments and those of our customers", states Oerlikon Solar CEO Jeannine Sargent. "Nevertheless, our business model and leading market position does not depend on this specific patent", adds Sargent.
Oerlikon Solar first licensed the IMT patent in 2003. The company recognized the opportunity to make solar power economically viable, and has since led the solar industry in the march to grid parity. Announced as a new product in late 2007, two customers in Europe and Asia entered mass-production in 2008 with Oerlikon Solar's tandem-junction micromorph technology. While keeping to its technology roadmap, Oerlikon Solar continues to attain operational goals ahead of schedule. Recent technical milestones have included the commercial availability of Oerlikon Solar's "Amorph High Performance" technology, achieving 50 percent increased throughput, more than 7 percent stabilized efficiency and a 16 percent increase in panel power output. "We encourage this global drive towards grid parity, which is the only real means to assure the economic viability of solar energy", said Sargent.
The IMT patent has opened new opportunities within the thin film silicon photovoltaic industry and Oerlikon Solar has exclusively licensed the claimed technology for the manufacture of glass laminates since 2003; a time when the industry boom was not yet foreseeable. This patent, belonging to the Université de Neuchâtel (IMT) and licensed to Oerlikon Solar, covers the first industrial feasible production method for microcrystalline silicon layers. Sargent: "Even though this decision does not have an appreciable influence on our business we are confident that Université de Neuchâtel's appeal will be successful. In the meantime we remain in control of this valid patent."
* This patent is also referred to as "the IMT Patent", as it is based on research by the University of Neuchâtel's former Institute of Microtechnology (IMT) which is now affiliated to Ecole Polytechnique de Lausanne (EPFL).
Prof. Christophe Ballif, Head of IMT PV lab: "We have to say that we are disappointed that a mere technicality in the filing process has led the EPO to revoke this valuable patent in its entirety, and we do not believe it is the right decision. We are convinced of our patent's validity and therefore the Université de Neuchâtel will appeal the decision. Until the verdict is final, the patent remains in force. "Oerlikon Solar disagrees strongly with the decision of the EPO. At the same time we want to clearly outline that the validity of the patent remains in force pending a final decision regarding Université de Neuchâtel's appeal", said Jeannine Sargent, CEO Oerlikon Solar.
The patent in question is one of more than 500 granted and pending patents in Oerlikon Solar's IP portfolio, and it is one of many factors that position the company at the forefront of the thin-film silicon PV equipment industry. The disputed patent describes a way to deposit microcrystalline silicon on glass and glass-like substrates. Though this is an important process step in the production of thin-film silicon solar modules, the Oerlikon end-to-end solutions do not depend on this single aspect.
Based on leading R&D and technology, Oerlikon Solar is currently the sole provider of field proven end-to-end solutions for thin-film silicon solar modules. More than 800,000 modules have already been produced by customers of Oerlikon Solar. "In this R&D intensive industry, IP protection plays a vital role to safeguard our investments and those of our customers", states Oerlikon Solar CEO Jeannine Sargent. "Nevertheless, our business model and leading market position does not depend on this specific patent", adds Sargent.
Oerlikon Solar first licensed the IMT patent in 2003. The company recognized the opportunity to make solar power economically viable, and has since led the solar industry in the march to grid parity. Announced as a new product in late 2007, two customers in Europe and Asia entered mass-production in 2008 with Oerlikon Solar's tandem-junction micromorph technology. While keeping to its technology roadmap, Oerlikon Solar continues to attain operational goals ahead of schedule. Recent technical milestones have included the commercial availability of Oerlikon Solar's "Amorph High Performance" technology, achieving 50 percent increased throughput, more than 7 percent stabilized efficiency and a 16 percent increase in panel power output. "We encourage this global drive towards grid parity, which is the only real means to assure the economic viability of solar energy", said Sargent.
The IMT patent has opened new opportunities within the thin film silicon photovoltaic industry and Oerlikon Solar has exclusively licensed the claimed technology for the manufacture of glass laminates since 2003; a time when the industry boom was not yet foreseeable. This patent, belonging to the Université de Neuchâtel (IMT) and licensed to Oerlikon Solar, covers the first industrial feasible production method for microcrystalline silicon layers. Sargent: "Even though this decision does not have an appreciable influence on our business we are confident that Université de Neuchâtel's appeal will be successful. In the meantime we remain in control of this valid patent."
* This patent is also referred to as "the IMT Patent", as it is based on research by the University of Neuchâtel's former Institute of Microtechnology (IMT) which is now affiliated to Ecole Polytechnique de Lausanne (EPFL).
