In recent years, the search for more sustainable energy sources has significantly boosted the installation of solar photovoltaic systems worldwide, with China leading this growth. This increase has been accompanied by a significant rise in patent applications to protect these innovations. The challenge going forward will no longer be merely to generate more energy, but to transport and store it efficiently. Governments, universities, and companies must focus their efforts in this direction, protecting innovations from an intellectual property perspective.
Solar photovoltaic technology has shown exponential growth. In 2023, 447 GW of photovoltaic capacity was installed worldwide, an 87% increase from 2022. This technology dominates the renewable energy sector, accounting for 78% of new installations in 2023. This growth is expected to continue, reaching 5 TW by 2028, driven by the push toward a more decarbonized economy amid growing environmental concerns and geopolitical uncertainty.
However, growth is not uniform across the globe. China accounts for 56.6% of new photovoltaic capacity installed in 2023, with 253 GW. The United States follows with 32.4 GW, while Spain ranks sixth with 8.9 GW, behind Brazil, Germany, and India.
The Exponential Growth in Photovoltaic Patent Applications
In terms of research, new technological developments, and patents related to photovoltaic electricity generation, a total of 144,788 new patent application families have been published worldwide since the beginning of 2021, representing an increase of nearly 150% in the number of published patent application families compared to the previous four years.
Of all these families of patent applications, approximately 72% originated in China, 10% in the United States, and less than 10% in Europe. Thus, China is demonstrating its technological dominance, not only in terms of the installation of new photovoltaic production capacity but also in terms of research into new technologies in this sector.
The Challenge: How to Transport and Store Excess Energy
Europe faces several challenges not only in the installation of new photovoltaic capacity, but also in renewable energy generation in general, particularly wind and solar power.
One of the main challenges is the grid's capacity to transmit the energy generated. The current power grid is often unable to handle all of the energy produced by new facilities, which calls for greater investment in the development of grid infrastructure in Europe.
It is crucial that industry, universities, research centers, and European governments step up their efforts to develop technological solutions that will enable better utilization of the renewable energy generation capacity that is currently being installed and will be installed in the coming years.
The Need to Protect Energy Innovation Through Industrial Property Rights
To strengthen European industry in this technological race, in addition to facilitating and simplifying access to public funding sources and tax incentive programs for companies that conduct their own R&D, it is vital to promote a culture of industrial property rights, through which industry can see with crystal clarity the beneficial effects of adequately protecting its intangible assets, in terms of positioning its products in the markets, accessing public and private funding, enhancing its reputation and prestige, and providing effective protection against unauthorized use of its assets.
This effort to promote a culture of industrial property encompasses both the public and private sectors. Government agencies, through their respective patent and trademark offices, are doing commendable work in promoting this culture of industrial property. Furthermore, it would be desirable to allocate more resources to specialized law enforcement units and to increase the number of courts specializing in industrial property.
The private sector, for its part, through various legal consulting firms and law firms specializing in intellectual property, can and should promote companies’ understanding of the essential aspects of intellectual property, encouraging them to protect their most valuable resources—their intangible assets.
All of these efforts to promote a culture of industrial property will provide a greater incentive to strengthen European industry and achieve greater technological development.
Bosco de la Vega Churruca, Associate in the Patent Practice Group at ELZABURU

