Are lithium-ion batteries patentable?

Frequently, patent filings for lithium-ion batteries cover a novel component material (e.g., an electrolyte formulation) or novel combination of component materials (e.g., solid-state battery architecture).

What is a battery patent?

The claims in these types of patents typically list specific formulation requirements, including details about the individual components in their initial form (raw materials) or upon assembly of the battery (e.g., concentration of electrolyte salt).

How do I prove infringement from a fully assembled battery?

When filing a patent, it can be helpful to identify the ways to obtain proof of infringement from a fully assembled battery. This may include documenting methods to separate components of interest, analytical techniques compatible with limited quantities of materials, and strategies to address irreversible processes.

Are lithium-ion batteries reversible?

But unlike most technologies, the initial components of a lithium-ion battery cell can change in complex, irreversible ways during electrode manufacturing and battery cell assembly, and even more so once used in a product.

Should you consider battery technology before filing a patent?

Considering certain key technical elements of battery technologies before pursuing a claim — or even before filing a patent — can help prepare patent holders and their legal teams to assert ownership of an intellectual property asset efficiently and effectively when it matters most.

When is ownership asserted in a battery lawsuit?

Ownership is usually asserted at the point when the infringed technology is included or about to be included in a fully assembled battery or device, because it's typically not possible to access the raw materials that make up a competitor's battery at the early stages of litigation.