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This is a literature review page for investigating on Intellectual Property (IP) barriers to Photovoltaic solar cells efficiency. It would be our pleasure if you share your experience in this area with us. (Discussion tab is top left of this page)

Background

Meaning of Intellectual Property: Term of Intellectual Property (IP) refer to the rights that is given by the law to the person who create, innovate or designed a new thing. There are various types of IP such as trade market, copyright, patents, industrial design rights, all artistic works and much more. This phrase (IP) was used for the first time in 1769 but its most ever use refer to the end of 20th century till now. By this law inventors feel more secure to publish their work to the public because all benefits of that invention must refer to the inventor.Intellectual Property Wikipedia

Literature Review

The IP landscape for photovoltaics

Bauer, C. E., & Neuhaus, H. J. (2008, September). The IP landscape for photovoltaics. In Electronics System-Integration Technology Conference, 2008. ESTC 2008. 2nd (pp. 51-56). IEEE.

Business, market and intellectual property analysis of polymer solar cells

Nielsen TD, Cruickshank C, Foged S, Thorsen J, Krebs FC. Business, market and intellectual property analysis of polymer solar cells. Solar Energy Materials and Solar Cells. 2010 Oct;94(10):1553–71.

Photovoltaic cell basic information

Photovoltaic Cell Conversion Efficiency Basics

these parameters have effect on PV cells efficiency

  • Wavelength of light: solar cell cannot absorb entire spectrum of sunlight. Photons with energy below the material bandgap cannot be absorbed and photons with higher energy, will loose their extra energy as heat or light.
  • Recombination: produced electrons and holes will recombine before contribute in cell's current.This can be due direct recombination, which electrons and hols meet each other randomly, or indirect recombination which is due to impurities, structure defects or surface recombination.
  • Natural resistance: this happen in bulk material, thin surface and contact point of panel to output circuit
  • Temperature: Almost all solar cells lose their efficiency by growing temperature. Considering the most part of incident sunlight convert to heat in solar cell, then operating temperature would be an issue for solar cells. operating T can be considered when designing the solar cells to be a good match or somehow manage to cool the panel for higher efficiency.
  • Reflection: A big portion of sunlight would be reflected on the solar cell surface (30%) if find a way to reduce the reflection, it means there would be more photon available to generate more electron-hole pairs and efficiency of light increases in result. Many methods are introduced to reduce the reflection such as anti reflection coating (multi layers) and texture the top surface of solar cell.
  • Electrical Resistance: It is obvious that by larger electrical contact, electrical resistance would reduce but on the other hand more incident light will be blocked. It means there is a trade off between size of metal contact on the surface and electrical resistance for solar cells. Nearly, new methods are being introduced to overcome this issue like using a very thin transparent metal contact all over the solar cell surface.

Photovoltaic technology development: A perspective from patent growth analysis

Liu JS, Kuan CH, Cha SC, Chuang WL, Gau GJ, Jeng JY. Photovoltaic technology development: A perspective from patent growth analysis. Solar Energy Materials and Solar Cells. 2011 Nov 30;95(11):3130-6.

Intellectual property rights and low carbon technology transfer: Conflicting discourses of diffusion and development

Ockwell DG, Haum R, Mallett A, Watson J. Intellectual property rights and low carbon technology transfer: Conflicting discourses of diffusion and development. Global Environmental Change. 2010 Oct 31;20(4):729-38.

Intellectual property and access to clean energy technologies in developing countries

Barton JH. Intellectual property and access to clean energy technologies in developing countries. ICTSD Issue Paper. 2007 Dec;2.

Innovation and international technology transfer: The case of the Chinese Photovoltaic industry

De La Tour A, Glachant M, Ménière Y. Innovation and international technology transfer: The case of the Chinese photovoltaic industry. Energy Policy. 2011 Feb 28;39(2):761-70. In this paper the main reasons that helped China in having a big role in the PV market is investigated.

Placing a Glove on the Invisible Hand: How Intellectual Property Rights May Impede Innovation in Energy Research and Development (R& (and) D)

Sovacool BK. Placing a Glove on the Invisible Hand: How Intellectual Property Rights May Impede Innovation in Energy Research and Development (R& (and) D). Alb. LJ Sci. & Tech.. 2008;18:381.

(1):increasing energy demand and having fixed limited fossil fuel sources by oscillating prices (2): IP barriers affect both old and new technologies in energy market (3):If IP barriers truly avoiding diffusion of clean energy technology, then all attempts to promote developments in such technology would be Inconclusive till the barriers being addressed. experience from other market like, biotechnology, pharmacy and ... can be good example (4):to be familiar with new concept of innovation. there are three eminent arena in this field, 14000 industrial R&D laboratories, 730 governmental laboratories and 1270 universities facilities, the competition between theses three groups leads to some shifting in the concept of ownership, authorship, invention and also in organization section of innovation, production and diffusion technology.

(1):Copyright. it is normally valid for the author's lifetime plus seventy years! (2):Patents are granted for new useful and non-obvious inventions. patents holder can has commercially use of patent for a limited time (usually 20 years). in U.s "first-to-invent" apply while in the rest of the world "first-to-file" apply. (3,4):trademarks and industrial design, very useful in automobiles and clothing industries (5): trade secrets (6):Geographical

  • first, high transaction cost, which consist of a series inter related expenses such as pre application patent search, review of the product patent ability, preparation of formal drawings, filing fees with the U.S. Patent and Trademark Office (USPTO), and patent attorney fees. depending type of the technology and many other cases it start from $10,000 to hundreds of thousands dollars per patent. these cost also do not include continuation maintenance and enforcement against infringement costs. After filing the patent in U.S, it will cost around $20,000 for each other country that patent protection would apply. In addition, this process may takes between 24 and 36 months.
  • second, increasing the number of patents has direct and indirect influence in higher transaction cost. firms prefer to invest other parts of company than R&D because take huge time and energy to go through all patents and the risk of litigation is high. In Energy market size of the project is matter. not only for the capital cost or... but the effort and time which is needed to do a small project sometimes is same as big project so it does not worth to do small projects. In PV market GE is a big company in the market but PV is not its principal product so they may do not invest as needed. small companies also do not have enoupg resources to compete.

Cognitive bias among researchers, managers, and policymakers

there are different issues here:

  • it is possible that a firm invest more on a research than it worth in competition with other firms.
  • sometimes two firms overestimates their component to win a patent race, then non of them do the research to avoid involve in lots of cost of research, experiments and probably litigation, then IPR here is like a impede
  • IPR high cost is also a reason, collecting information from existing patent, filing patent with USPTO, enforcing patent may not looks so expensive but all together would be so much expensive, complicated and time consuming. maybe many scientist do not want to enter in innovation area even if they have very great ideas. By putting time for collecting information, negotiate with patent holders, filling the patent, buying other patents, protecting their ideas,.. not so much time would left to focus on the project, then many of scientist prefer do not enter to this area.

low returnes on energy IPR investments

  • federal government is not so longer interested in investing on energy R&D, only 3% during 1990s, in consequence private company and firms loose their interest. they are more interested to short period investment with good and fast returns. in Energy industry only 0.03% expenditures is for R&D while this number is 3.1% in average for other industries.

structural problem within the governmental licencing and reporting process

  • the number of patent application increased significantly during last years, this caused examiners have huge backlog and it decrease their work quality. there are many patents which cost of enforcement exceed the economic value of the patent. it also increase the risk and cost of litigation. another issue is by federal recording patent under Bayh-Dole Act. government database is inaccurate, incomplete and inconsistent, it means government is often unaware of inventions which has royalty-free rights.

III.anti competitive patent techniques and practices

  • Submarine Patent: in this method some companies collect patents while they do not want to product those, but instead they will use those patent to make money when another company infringes that patent unintended.
  • Patent Suppression: involves unilateral non-use of technology that is a single firm deciding independently not to use or licence its own IP. this happen to earn most benefit from the existing product in the market. famous story is about fluorescent lighting, when GE and Westinghouse agreed to do not product it by a controlled licensing agreement. the main reason was, fluorescent had higher efficiency and in result utility company could not earn benefit as before!
  • Blocking and cross-licensing: in this strategy big company try to patent as many as they can of a invention or a product to prevent other companies enter in that market. In this situation, competitors have to buy the licence of that product. in reality competitors have three chances: 1) try to invalidate the patents, 2) try to invent around them 3) make the risk of infringement.
  • International Impediments: many companies do not want collaborate with foreign countries company because they believe those companies will gain more from collaboration than share something, it means those companies would be the winner. on the other hand because of not good protection rules for IPR in developing countries, overseas companies are reluctant to buy a new technology or collaborate with upstream companies because they afraid their product would be copy or re engineered easily.

IV. potential solutions

  • A.overcome high transaction cost, U.S has the most complicated and not clear patent laws in the world. recommended solutions: cross-licenses, organizational reform at USPTO streamlined patent reexamination guidelines, non exclusive and compulsory licensing, pre-publication, patent pool and... are proposed as potential solutions. these strategy will help to reduce transaction cost and then that money can invest more in R&D.
  • B.Overcoming anti-competitive patent techniques, to compete with submarine patent, suppression and patent blocking Congress can enforce companies to create nonexclusive or compulsory licenses for products that have a significant public health benefit.

conclusion

  • it is clear that relation between IP, IPR and innovation is not linear and is not predictable. it is true that strong patent may induce innovation and disclosure but in other cases complicate or delay commercialization. sometimes lack of technology in energy industry (from materials to fuel conversion process) simply don't let other firms to invent around patents. All of these and many more reasons confirm that IPR issues is in the center of the barriers for developing in the clan energy technologies.

AAAS project on Secrecy and openness in science and thechnology

Chalk R. Overview: AAAS project on secrecy and openness in science and technology. Science, Technology & Human Values. 1985 Apr 1;10(2):28-34.

Intellectual property rights in nanotechnology

Bastani B, Fernandez D. Intellectual property rights in nanotechnology. Thin Solid Films. 2002 Dec 2;420:472-7.

Against intellectual property

Kinsella NS. Against intellectual property. Journal of libertarian studies. 2001;15(2; SEAS SPR):1-54.

Quantitative study on long term global solar photovoltaic market

Gan PY, Li Z. Quantitative study on long term global solar photovoltaic market. Renewable and Sustainable Energy Reviews. 2015 Jun 30;46:88-99.

Davis MH, Miller AR. Intellectual property: patents, trademarks, and copyright in a nutshell. West Group; 2000.

Current Issues in Patent Law and Policy

Meurer MJ. Current Issues in Patent Law and Policy. Harv. JL & Pub. Pol'y. 2016;39:71.

Technology Roadmap: Solar Photovoltaic Energy - 2014 edition

Tanaka N. Technology roadmap-solar photovoltaic energy. International energy agency report. Paris/France. 2010.

Do stronger intellectual property rights increase international technology transfer? Empirical evidence from US firm-level data

Branstetter L, Fisman R, Foley CF. Do stronger intellectual property rights increase international technology transfer? Empirical evidence from US firm-level data. National Bureau of Economic Research; 2005 Aug 1.

WIPO Intellectual Property Handbook: Policy, Law and Use

World Intellectual Property Organization. WIPO Intellectual Property Handbook: Policy, Law and Use. World Intellectual Property Organization; 2004.

Use of Delaying Tactics to Obtain Submarine Patents and Amend around A Patent That a Competitor Has Designed around

Blount S. Use of Delaying Tactics to Obtain Submarine Patents and Amend around A Patent That a Competitor Has Designed around, The. J. Pat & Trademark Off. Soc'y. 1999;81:11.

Interrelation between patenting and standardisation strategies: empirical evidence and policy implications

Blind K, Thumm N. Interrelation between patenting and standardisation strategies: empirical evidence and policy implications. Research Policy. 2004 Dec 31;33(10):1583-98.

Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)

Cohen WM, Nelson RR, Walsh JP. Protecting their intellectual assets: Appropriability conditions and why US manufacturing firms patent (or not). National Bureau of Economic Research; 2000 Feb 1.

Suppression of Innovation or Collaborative Efficiencies: An Antitrust Analysis of a Research & (and) Development Collaboration That Led to the Shelving of a Promise

Zain S. Suppression of Innovation or Collaborative Efficiencies: An Antitrust Analysis of a Research & (and) Development Collaboration That Led to the Shelving of a Promise Drug. J. Marshall Rev. Intell. Prop. L.. 2005;5:i.

Cure for Deadly Patent Practices: Preventing Technology Suppression and Patent Shelving in the Life Sciences

Black CA. Cure for Deadly Patent Practices: Preventing Technology Suppression and Patent Shelving in the Life Sciences, The. Alb. LJ Sci. & Tech.. 2003;14:397.

AN OVERVIEW OF THE ANTITRUST ANALYSIS OF SUPPRESSION OF TECHNOLOGY

Cohen JM, Burke AJ. An overview of the antitrust analysis of suppression of technology. Antitrust Law Journal. 1998 Jan 1;66(2):421-39.

Global Wind Report Annual market 2014

GLOBAL WE. Global Wind Report-Annual Market Update 2012. 2013.

Global prospects, progress, policies, and environmental impact of solar photovoltaic power generation

Hosenuzzaman M, Rahim NA, Selvaraj J, Hasanuzzaman M, Malek AB, Nahar A. Global prospects, progress, policies, and environmental impact of solar photovoltaic power generation. Renewable and Sustainable Energy Reviews. 2015 Jan 31;41:284-97.

A NEW GENERALIZED DETAILED BALANCE FORMULATION TO CALCULATE SOLAR CELL EFFICIENCY LIMITS

Honsberg, C.B., Corkish, R.C. and Bremner, S.P., 2001. A new generalized detailed balance formulation to calculate solar cell efficiency limits.

APPROACHING THE 29% LIMIT EFFICIENCY OF SILICON SOLAR CELLS

Swanson, R.M., 2005, January. Approaching the 29% limit efficiency of silicon solar cells. In Photovoltaic Specialists Conference, 2005. Conference Record of the Thirty-first IEEE (pp. 889-894). IEEE

OPAL 2: Rapid Optical Simulation of Silicon Solar Cells

McIntosh, K.R. and Baker-Finch, S.C., 2012, June. OPAL 2: Rapid optical simulation of silicon solar cells. In Photovoltaic Specialists Conference (PVSC), 2012 38th IEEE (pp. 000265-000271). IEEE.

Anti-reflective coatings: A critical, in-depth review

Raut, H.K., Ganesh, V.A., Nair, A.S. and Ramakrishna, S., 2011. Anti-reflective coatings: A critical, in-depth review. Energy & Environmental Science, 4(10), pp.3779-3804.

PECVD of silicon nitride Si3N4 layers as antirefective coating

In order to absorb as much light as possible, it is necessary to minimize light reflection. This can be achieved by coating the solar cell with an antireflective layer ACR. When light waves reflected by the upper side and the lower side of the antireflection layer are interferring, then they can be cancelled. This happens, when the thickness of the anti-reflective layer is 1/4 of the wave length. Sunlight contains a broad range of different wave lengths and the angle of incidence also varies over the day. Therefore a compromis regarding the thickness of the ACR has to be found. Adaption of the refractive index of the antireflection coating can also help to optimize the layer. In solar technology, silicon nitride Si3N4 is used as antireflection layer. This layer causes the dark blue color of crystalline silicon solar cells. Deposition is carried out plasma-enhanced in a PECVD system (plasma enhanced chemical vapor deposition). PECVD technology allows a fast deposition of the silicon nitrid layer. Edge coverage is good. Usually, silane and ammonia are used as feedstock. Deposition can take place at temperatures below 400°C.

3 SiH4 + 4 NH3 → Si3N4 + 24 H2

Bulk and surface passivation of silicon solar cells accomplished by silicon nitride deposited on industrial scale by microwave PECVD

Soppe, W., Rieffe, H. and Weeber, A., 2005. Bulk and surface passivation of silicon solar cells accomplished by silicon nitride deposited on industrial scale by microwave PECVD. Progress in Photovoltaics: Research and Applications, 13(7), pp.551-569.

Optimised antireflection coatings for planar silicon solar cells using remote PECVD silicon nitride and porous silicon dioxide

Nagel, H., Aberle, A.G. and Hezel, R., 1999. Optimised antireflection coatings for planar silicon solar cells using remote PECVD silicon nitride and porous silicon dioxide. Progress in Photovoltaics: Research and Applications, 7(4), pp.245-260.

Multilayer broadband anti-reflective coatings for bulk heterojunction polymer solar cells

[ https://dspace.lboro.ac.uk/2134/14665 Kaminski, P.M., Lisco, F., Bass, K., Barrows, A.T., Lidzey, D.G. and Walls, M., 2014. Multilayer broadband anti-reflective coatings for bulk heterojunction polymer solar cells.]

Realization of a near-perfect antireflection coating for silicon solar energy utilization

Kuo, M.L., Poxson, D.J., Kim, Y.S., Mont, F.W., Kim, J.K., Schubert, E.F. and Lin, S.Y., 2008. Realization of a near-perfect antireflection coating for silicon solar energy utilization. Optics letters, 33(21), pp.2527-2529.

Nanostructured ZnO as biomimetic anti-reflective coatings on textured silicon using a continuous solution process

Han, S.Y., Paul, B.K. and Chang, C.H., 2012. Nanostructured ZnO as biomimetic anti-reflective coatings on textured silicon using a continuous solution process. Journal of Materials Chemistry, 22(43), pp.22906-22912.

Antireflective nanoporous coating for photovoltaic application

Brisbane material technology and EVG group

On Realizing Higher Efficiency Polymer Solar Cells Using a Textured Substrate Platform

Nalwa, K.S., Park, J.M., Ho, K.M. and Chaudhary, S., 2011. On realizing higher efficiency polymer solar cells using a textured substrate platform. Advanced Materials, 23(1), pp.112-116.

OPVs

Silica and silica-like films and method of production

Meredith, P. and Harvey, M., Xerocoat Inc., 2010. Silica and silica-like films and method of production. U.S. Patent 7,642,199.

Superhydrophobic transparent glass (STG) thin film articles

Aytug, T., Simpson, J.T. and Christen, D.K., Ut-Battelle, Llc, 2014. Superhydrophobic transparent glass (Stg) thin film articles. U.S. Patent 8,741,158.

Nanostructured multilayer graded-index antireflection coating for Si solar cells with broadband and omnidirectional characteristics

Chhajed, S., Schubert, M.F., Kim, J.K. and Schubert, E.F., 2008. Nanostructured multilayer graded-index antireflection coating for Si solar cells with broadband and omnidirectional characteristics. Applied Physics Letters, 93(25), p.251108.

A highly abrasive-resistant, long-lasting anti-reflective coating for PV module glass

Pop, S.C., Abbaraju, V., Brophy, B., Yang, Y.S., Maghsoodi, S. and Gonsalves, P., 2014, June. A highly abrasive-resistant, long-lasting anti-reflective coating for PV module glass. In Photovoltaic Specialist Conference (PVSC), 2014 IEEE 40th (pp. 2715-2719). IEEE.

Design and Optimization of Wide Angle Passivation and Antireflection Coating for N-Type High Efficiency Silicon Solar Cells

Lisheng, W. and Fengxiang, C., 2011, May. Design and Optimization of Wide Angle Passivation and Antireflection Coating for N-Type High Efficiency Silicon Solar Cells. In Photonics and Optoelectronics (SOPO), 2011 Symposium on (pp. 1-4). IEEE.

BMTN-01:Anti-reflective Coatings in Solar Energy Devices

Chemically etched porous silicon as an anti-reflection coating for high efficiency solar cells. Thin Solid Films

Diffraction, beauty and commerce. Physics World

[Gale, M., 1989. Diffraction, beauty and commerce. Physics World, 2(10), p.24. http://iopscience.iop.org/article/10.1088/2058-7058/2/10/20/meta]

Fundamentals of sol-gel dip-coating.Journal de Physique

[Brinker, C.J. and Hurd, A.J., 1994. Fundamentals of sol-gel dip-coating. Journal de Physique III, 4(7), pp.1231-1242. http://jp3.journaldephysique.org/articles/jp3/abs/1994/07/jp3v4p1231/jp3v4p1231.html]

Light trapping in textured solar cells. Solar energy materials

[Campbell, P., 1990. Light trapping in textured solar cells. Solar energy materials, 21(2-3), pp.165-172. http://www.sciencedirect.com/science/article/pii/0165163390900512]

Porous broadband antireflection coating by glancing angle deposition

[Kennedy, S.R. and Brett, M.J., 2003. Porous broadband antireflection coating by glancing angle deposition. Applied optics, 42(22), pp.4573-4579. https://www.osapublishing.org/ao/abstract.cfm?uri=AO-42-22-4573]

Imprint of sub‐25 nm vias and trenches in polymers. Applied physics letters

[Chou, S.Y., Krauss, P.R. and Renstrom, P.J., 1995. Imprint of sub‐25 nm vias and trenches in polymers. Applied physics letters, 67(21), pp.3114-3116. http://scitation.aip.org/content/aip/journal/apl/67/21/10.1063/1.114851]

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