The Department of Energy is claiming ownership of three patents awarded to Evergreen Solar and plans to prevent them from being sold to non-U.S. firms. According to DOE, the technology was developed from 2002 to 2005 with funding from the agency.
When Evergreen filed for Chapter 11 bankruptcy in August, it said it would sell its assets at auction, including intellectual property related to its solar wafer manufacturing technology. Evergreen’s wafers are made with what it calls the string ribbon method, which is designed to minimize the use of crystalline silicon. DOE says the firm used a nearly $3 million government grant to refine the method, cutting manufacturing costs by 33%.
Even with the innovation, Evergreen—like U.S. solar firms Solyndra and SpectraWatt, which recently both declared bankruptcy—could not compete with lower cost crystalline solar modules made in China.
The Bayh-Dole Act requires Evergreen to inform DOE when grant-supported research results in an invention and whether Evergreen elects to retain title to any inventions. But Evergreen did not notify DOE about three patents resulting from the grant. In such a case, the Bayh-Dole Act says DOE can demand title to the inventions. On Oct. 7, DOE notified Evergreen Solar of its demand for title to the three patents.