the photovoltaics patent landscape and how to commercialise ip
Post on 05-Jul-2015
302 Views
Preview:
DESCRIPTION
TRANSCRIPT
Photovoltaics & IP
Timothy Butler – Technology AnalystEmail: tim_butler@clearviewip.com
2
© ClearViewIP Ltd 2013. All rights reserved.
Volume of PV Patent Applications
• Huge volume of patent filing in the field
• Keyword search for solar or photovoltaic returns over 180,000 results
• This report uses a more focussed keyword search to just look at photovoltaic modules
• Filing has increased rapidly both in real and absolute terms
• Filing follows a similar trend to installation rates up to 2010
© ClearViewIP Ltd 2013. All rights reserved.
3
Geography of PV patent filings
• Japan dominated patent filings for the majority of the technologies history but has recently been overtaken by the US, China and Korea
• No real correlation between patent filing and PV installation
© ClearViewIP Ltd 2013. All rights reserved.
4
PV Manufacture
Share Price
• Correlation between Japan’s decline in patenting activity and manufacturing dominance
• The reverse correlation is not however seen for the US
© ClearViewIP Ltd 2013. All rights reserved.
5
Top Patent Owners
• Canon Sharp and LG the top three
• High proportion of Japanese companies (though some of their patents may have lapsed)
© ClearViewIP Ltd 2013. All rights reserved.
6
Top PV Module Producing Companies2011
Rank
Company Number of solar
related granted
patents
Number of solar
related patent
applications
1 First Solar Inc. 86 510
2 Suntech 62 199
3 Yingli Solar Co Ltd 10 117
4 Trina Solar Ltd 60 267
5 Canadian Solar Inc. 5 33
6 Sharp KK 807 2667
7 Hanwha Solarone 10 23
8 Jinko Solar Co Ltd 1 12
9 LDK Solar 10 74
10 Solarworld 115 246
• Only Sharp and First Solar feature in top 20 patent holders and top ten module suppliers
• Some of the top manufacturers have very small patent portfolios, even using a very broad search criteria
• These small portfolios are in some cases contain only Chinese grants
© ClearViewIP Ltd 2013. All rights reserved.
7
Does this lack of patents matter?
Yes…
• Clearly the companies think it matters as they are trying to expand their portfolios
– High volume of applications relative to grants
– Attempts to buy up patents from Evergreen Solar and Solyndra
No…
• There has been little patent litigation in the industry
• The industry has bigger problems
© ClearViewIP Ltd 2013. All rights reserved.
8
Why have there been few litigation cases?
• The technology is mature
– Vast majority of products based on mono or polycrystalline silicon
– Changes are incremental
– Key patents were filed in the 70s/80s, have now expired
– What litigation there has been has focussed on enabling technologies (e.g Westinghouse vs Zep Solar)
• The market has become commoditised
– Economic factors have greater influence than incremental technological advances
Patent Filings by Technology Area
© ClearViewIP Ltd 2013. All rights reserved.
9
• Relatively small proportion of patenting activity relates to “conventional” solar cells
• High and increasing proportion related to “second generation” technologies such as polymer and dye sensitised
© ClearViewIP Ltd 2013. All rights reserved.
10
Possible Future Scenario…
• Second generation solar cells become commercially viable
• May allow industry to move away from dependence on fiscal policies
• Remains to be seen who will hold the key patents
• Huge amount of investment in patents, and an opportunity for a smaller number of players to dominate the market, so key patent holders are likely to want to defend their rights
• Hence we may see an increase in patent activity and litigation
How to Commercialise IP
Benoit Geurts – Senior ConsultantEmail: benoit_geurts@clearviewip.com
12
© ClearViewIP Ltd 2013. All rights reserved.
ClearViewIP: ‘The Industry Leading Intellectual Property Consultancy’
Founded 2007
Extensive commercial and IP experience
Full range of IP services
Expertise across high-tech markets
Network throughout Europe, North America and the Far East
“ClearViewIP is an Intellectual Property Consultancy providing a range of services to help companies monitor, expand , exploit and better understand their IP
portfolio and its position within the industry”
© ClearViewIP Ltd 2013. All rights reserved.
13
PV/Solar – Challenging Times
• Challenging time for PV industry- High debt- Low or negative margin- Consumer relying on subsidy
• Many companies are struggling
• Not enough cash for R&D
• Patent commercialisation opportunities- Loan against IP, sell and back license- Example - Jan 13, Fraunhofer ISE acquires 111 patent
families from Schott Solar. (undisclosed amount)- Licensing
© ClearViewIP Ltd 2013. All rights reserved.
14
Technology Commercialisation
Commercialisation:
License out
License In
Collaborate
Acquisitions
Auctions
Sales
Benefits:
Raise Capital
Transfer Risks
Reduce cost
Brand association
© ClearViewIP Ltd 2013. All rights reserved.
15
Technology Start Up Company
• Base technology– 1 or 2 patents
• Market opportunity– Not always quite as expected
• Business develops– Are products or services still in scope of patents?
– Is anyone waiting to strike?
© ClearViewIP Ltd 2013. All rights reserved.
16
IP Health Checks
• Innovation
– Do new developments match current business?
• Is the business still aligned with early patents?
• Revisit the landscape with focus on where actual business is now
• Are you still in scope of original patents ?– Are any competitors ?
– Do you need to buy ?
– Any new threats ?
© ClearViewIP Ltd 2013. All rights reserved.
17
Divergence
1 23
Company
products &
servicesPatents Patents
Company
products &
services Patents
• With growth, patents may become less well aligned
• License / sell original core patents?
• Acquisition to realign with new company focus?
Company growth over time
© ClearViewIP Ltd 2013. All rights reserved.
18
Selling vs. Licensing
• Assignment = sale = transfer of total ownership
• Permanent, irrevocable
• Revenue through lump-sum payment
• Often gives free back license
• 6 mths for deal
• Not so dependent on market take-up
• Need infringement potential
• May bring lower income but a bird in the hand…
• Licence = contract granting exploitation rights
• Can be sole, exclusive, non-exclusive
• Can have minimum performance targets –revocable
• Can be limited to a period of time or geography or field of use
• Revenue through royalties
• Need know-how
• 18-24mths for deal
• Potentially larger total income but more risky (obsolescence)
Patent Sale Patent Licensing
19
© ClearViewIP Ltd 2013. All rights reserved.
ClearViewIP: ‘Helping You Through The IP Maze’
ClearViewIP Ltd2 Venture Road, Southampton Science Park
Chilworth, SouthamptonHampshireSO16 7NP
Tel: +44 (0) 845 680 1953Email: info@clearviewip.com
www.clearviewip.com
© Copyright ClearViewIP 2013
top related