Tunnel oxide passivated contact (TOPCon) solar cells are often highlighted as the next step forward in the industry. With incremental efficiency gains and growing global interest, many manufacturers have announced plans to redesign and scale up production.
However, the US market is facing a harsh reality: we cannot produce TOPCon cells in meaningful volumes in time to meet demand.
Patent roadblocks
Contents
The first barrier is intellectual property. Key TOPCon processes, from doped polysilicon passivation layers to back contact architectures, are protected by active patents. Much of this intellectual property is owned by foreign entities, complicating the ability of U.S. companies to scale up production without expensive licensing fees or the looming risk of lawsuits.
That risk is unacceptable for developers and financiers. A project that relies on disputed intellectual property could be vulnerable to lawsuits or import restrictions years after installation. In a market where margins are already small and financing conditions are becoming stricter, legal uncertainty is a deal breaker.
RE+ 2025 Takeaway: the question is now
At RE+ this year, the conversations in developer, EPC and investor circles were all focused on urgency. The focus is not on what technology might be ready in five years, but on what can be shipped today, eligible for domestic content, and delivered at scale.
This reality favors passivated emitter and rear cell (PERC) technology. With a decade of proven reliability, a mature supply chain and clear manufacturing requirements, PERC remains the only viable cell technology that US manufacturers can scale quickly and with confidence.
Domestic Content and FEOC Compliance
The domestic content snag of the Inflation Reduction Act and the looming Foreign Entity of Concern (FEOC) restrictions raise the stakes. Developers need to be sure that the technology in their modules is both compliant and affordable. PERC’s IP landscape is clear, the process equipment is widely available and the track record is proven in practice. TOPCon, on the other hand, does not offer this certainty.
A reality check
This does not mean that TOPCon will not play a role in the future. But the gap between the hype and American manufacturing reality is large – and cannot be bridged in the short term.
If the industry is serious about meeting rising demand, reaching domestic content thresholds, and meeting FEOC restrictions by 2026, PERC is the technology we can count on. These days, betting on TOPCon is less about building projects and more about taking unnecessary risks.
It is a smart move for manufacturers, developers and investors alike to base decisions on what can now be delivered at scale. And right now that’s PERC.
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