Webinar | TiO₂ alternatives for food, pharma, and personal care Register Here

Role of Patents in EV Industry Innovation: Litigation, Trends, and Opportunities

EV Patents

Authors

The automotive industry is in the midst of a transformative shift, accelerating towards an electric future. At the core of this revolution lies the relentless innovation in Electric Vehicle (EV) charging and battery technologies. These advancements are not merely incremental; they represent a fundamental reimagining of transportation, with intellectual property (IP) playing a pivotal role in shaping market leadership and competitive advantage. Understanding the intricate dynamics of patenting activities, litigation trends, and strategic IP management within this domain offers crucial insights into the evolving landscape of sustainable mobility.

The Global Pulse of EV Innovation and Patent Activity

The EV charging and battery sector is a vibrant hub of global innovation, characterized by strategic patent filings and diverse technological focus areas. Analyzing patent data reveals key trends and influential players shaping the industry’s trajectory.

Global Innovation Footprint

Innovation in the automotive sector is a truly global endeavor. Over the past five years, the United States and Japan have consistently emerged as leading sources of innovation, attracting a significant share of intellectual talent. Beyond these key regions, inventors from other countries are also making substantial contributions to the patent landscape, including:

  • Germany
  • South Korea
  • China
  • France

This widespread distribution of innovation suggests that companies seeking to accelerate their research and development efforts may benefit from establishing R&D centers in these diverse jurisdictions to tap into specialized expertise and foster cross-border collaborations.

Patent Filing and Grant Trends

The electric vehicle domain has experienced remarkable growth in patent activity over recent years, signaling an intensified focus on securing IP. The year 2022 notably marked a peak in patent applications, with filings surging to over 18,000, underscoring a period of heightened innovation and market interest. While the volume of applications saw a high point later, the highest percentage of granted patents occurred in 2019, with approximately two-thirds of applications successfully navigating the examination process. This earlier period suggests a strong focus on high-quality applications that met rigorous patentability standards. Following this, 2020 saw a significant number of granted patents, exceeding 11,000, reflecting robust technological advancements and substantial industry investment in protecting pioneering inventions.

Key Technology Areas Driving EV Advancements

Patent data categorized by classifications offers a comprehensive view of the core technological areas propelling the EV sector forward. These classifications highlight the diverse applications and strategic priorities within the industry:

ClassificationFocus Area
B60L53Methods of charging batteries, especially adapted for electric vehicles; Charging stations or equipment
H02J7Circuit arrangements for charging/depolarizing batteries or supplying loads from batteries
B60L11Electric propulsion with power supplied within the vehicle
H01M10Secondary cells; Manufacture thereof
B60L50Electric propulsion using forces of nature (e.g., sun or wind)

The above mentioned focus areas seem to have patent volume ranging from 13.600 to nearly 27,770.

The concentration of patents in these areas emphasizes the industry’s commitment to advancing charging methods, optimizing power management, enhancing propulsion systems, improving battery technology, and exploring sustainable energy integration.

Foundational Concepts and Influential Patents

Frequent repetition of specific terms within patents highlights the essential elements of EV technology, offering valuable insights for future innovation and patent analysis. Key concepts frequently encountered include:

  • Design Product
  • Design Key Point
  • Storage Medium
  • Thermal Management
  • Dimensional Drawing

These concepts seem to have 50 to over 340 frequency in patents

Further insights into the foundational innovations come from examining highly cited patents. These patents, often forming the bedrock of subsequent inventions, reveal significant impact across the EV ecosystem.

Patent NumberAssigneeKey Innovation Area 
US9026347B2RGT University of CaliforniaBroad foundational technology (931 citations)
US9409490B2WiTricity CorpWireless power transfer (190 citations)
US10065517B1Hyundai Motor Co Ltd, Kia CorpAutomotive systems integration (174 citations)
US9592742B1Speed Charge LLCRapid charging solutions (169 citations)
US9371007B1Emerging Automotive LLCAdvanced vehicle control (158 citations)
WO 2021/098352 A1State Grid Fujian Electric Power Co., Ltd.Planning power distribution for EV charging stations
US 2020/0298722 A1InvertedPower Pty LtdIntegrated onboard charging systems with inductive windings
US 2021/0155100 A1University of MarylandBi-directional vehicle on-board chargers for high/low voltage batteries
US 2021/0031649 A1Oshkosh CorpElectric vehicle accessory module for energy conversion
US 2020/0161867 A1University of Hefei TechnologyOptimizing load dispatch in residential microgrids with EV charging

These influential patents underscore the growing importance of integrated control systems and communication protocols, enhancing EV capabilities and infrastructure.

Top Innovators and Contributors

The individual contributions of prolific inventors significantly shape the EV landscape. Their extensive patent portfolios highlight areas of deep expertise and sustained innovation.

InventorPatent Count 
Zhang JianpingRanging from 220 to 940+
Huang Chunhua
Wang Wei
Wang Chao
Wang Yong

Strategic IP Management and Litigation in the EV Sector

The competitive nature of the EV market translates into a dynamic legal landscape where strategic IP management, including patent prosecution and robust litigation defense, is paramount.

Patent Examination Nuances

Understanding the performance of specific Art Units at the USPTO can provide strategic advantages for patent applicants. Within Tech Center 3600, which handles Surface Transportation, Art Units focused on Land Vehicles demonstrate strong approval trends. Specifically, Art Units 3612 and 3614 exhibit high acceptance rates of approximately 87%. While Art Unit 3618 shows a lower acceptance rate of around 77%, this can be viewed as an opportunity for applicants to refine their submissions and strengthen their claims, ensuring alignment with examiner expectations. For patents related to Ships, the single relevant Art Unit maintains a moderate acceptance rate of 80%, indicating a reasonable likelihood of approval for well-prepared applications.

Litigation Trends and Key Venues

The automotive sector, including EV charging and batteries, has seen substantial legal activity, with over 1,400 patent litigation cases filed between 2019 and 2023. This volume highlights the strategic importance of IP enforcement and defense.

VenueCases Filed (2019-2023)Strategic Implication 
Patent Trial and Appeal Board (PTAB)Over 390Dominant for patent validity assessments, efficient specialized adjudication
Eastern District of Texas (EDTX)Over 340Preferred for its plaintiff-friendly reputation and efficient resolution
Other Districts (NJ, TX, DE, MI)A range of 7 to 30+Address specific corporate filings, efficiency, or geographical relevance

These venue preferences underscore the industry’s focus on balancing speed, efficiency, and favorable outcomes to maintain competitiveness.

Highly Litigated Patents

Analyzing the most litigated patents provides direct insight into the technologies that attract significant legal scrutiny. In the EV and broader automobile domain, several patents have been at the center of multiple disputes, particularly concerning charging and monitoring systems:

Patent NumberKey Technology Area 
US10046653B2Automobile Charging Systems
US9525297B2Automobile charger with a microcontroller
US10204261B2Vehicle Monitoring Systems
US9460616B1Monitoring cars with a central server
US9460467B2Used Car Sales and Bidding Systems

The number of cases in these technology areas range from 2-12.

The recency of these cases, spanning from 2020 to 2024, suggests a continued likelihood of litigation concerning similar technology patents, highlighting the ongoing importance of robust IP defense in these areas.

Geographic Litigation Dynamics

Comparing litigation activity in different countries offers a nuanced view of the legal environment for EV businesses.

YearChina LitigationUS Litigation 
2021Ranging over 7Ranging over 5
2022
2023

These trends suggest that businesses operating in China may encounter a potentially smoother legal landscape in the coming years regarding patent disputes. In contrast, US-based companies may face more fluctuating legal challenges, as the EV industry remains highly competitive and prone to legal disputes. Germany has also emerged as a favorable jurisdiction for automotive litigations, indicating a growing importance of IP enforcement within the European market.

Key Litigants and Defensive Strategies

While Non-Practicing Entities (NPEs) like Michigan Motor Technologies historically drove most automotive patent litigation—comprising over 90% of cases against Tesla from 2019-2024—the landscape is shifting. Operating companies like BMW, GM, and Lucid, alongside universities, are now actively filing suits against major players such as Ford and Toyota.

The primary defensive tool is the Inter Partes Review (IPR), with over 90% of filings targeting NPEs and an 80% success rate in invalidating patents over the last five years. All major automakers, from Volkswagen to Hyundai, actively use IPRs. Less frequently, Post-Grant Reviews (PGRs) are used strategically. For instance, Keystone Automotive and LKQ Corp used PGRs to challenge GM’s design patents for vehicle components like bumpers and tailgates, showing a proactive risk management strategy that extends beyond NPEs.

Licensing Opportunities from Patent Citations

Patent citations reveal technological dependencies and prime licensing targets. Automakers like BOE Technology, Hyundai, and Toyota show high citation activity in areas like autonomous driving and vehicle systems. Technology firms are also key, with Samsung, Tencent, and Baidu citing patents for automotive AI and connectivity, while Kia, LG, and Huawei focus on vehicle communication and sensors. Engaging these highly citing companies offers a direct path to monetization and strategic partnerships.

Strategic Outlook 

In the EV charging and battery sector, managing intellectual property is a core competitive differentiator. The industry’s rapid growth raises key questions for the future:

How will new battery and charging technologies reshape the patent landscape?

Will litigation shift away from NPE dominance as more operating companies and universities file suits?

What new collaboration models will emerge between tech firms and automakers to navigate complex IP?

Subscribe to our newsletter for insights into patent filings, litigation shifts, licensing opportunities, and strategy breakdowns across tech and innovation-driven sectors.

Get the Latest Patent Insights in EV

Get the Latest Patent Insights in EV

Directly to your Inbox

Share This Article:

Authors

Related Articles

Table of Contents

More Curated Insights For You

Facing A Roadblock On Your Project?

Our Experts Are Here To Help.