The battery supply chain is no longer just an engineering story. It is a freedom-to-operate story.

In 2025, tariffs and sourcing rules are reshaping where and how critical battery materials are produced. The U.S. drive to build refining and recycling capacity at home has intersected with a surge of global patent filings that define ownership over the chemistry, equipment, and process controls essential to production.

As companies seek to qualify for domestic incentives and avoid import duties, many are discovering that core process steps are already patented. Tariff measures designed to strengthen local manufacturing have also made it harder to distribute production across borders, increasing the need to address patent exposure during the earliest stages of project design.

The most forward-looking operators are responding by filing early, protecting key innovations, and working closely with Intellectual Property (IP) counsel to ensure freedom to operate (FTO). In a tariff-driven market, patents now shape who can build, who must license, and who controls the pace of development.

What follows is an overview of the filings and players shaping the battery patent landscape, and how the strength or absence of patent protection increasingly determines which companies lead the next phase of battery material production.

PT ESG, PT GEM, PT QMB & GEM Co., Ltd.:

21 U.S. Publications and Patents Targeting the Entire Laterite Nickel HPAL Value Chain

High pressure acid leaching (HPAL) is a chemical process that uses heat, pressure, and sulfuric acid to extract nickel and cobalt from laterite ores. In 2025, a coordinated cluster of 21 U.S. filings and granted patents emerged from PT ESG New Energy Material, PT GEM Indonesia New Energy Materials, PT QMB New Energy Materials, and GEM Co., Ltd. The target: the entire laterite nickel HPAL value chain. This wasn’t scattershot. It was strategic.

Here are some non-exhaustive examples of the key filings and granted patents:

Technical Focus Representative Patents and Publications
Dynamic control of acid-to-ore ratios and reaction time US20250171876A1, US12362043B2
Impurity removal and aluminum precipitation control US20250163537A1, US20250163539A1, US12378637B2
Thermal integration through flash systems US12378630B2
Uptime-boosting equipment (acid addition and descaling systems) US12325898B1, US12344941B2
Conversion of low-grade matte to battery-grade Ni, Co, Mn sulfate US12297125B2, US12286360B2
Wastewater treatment at scale US12384709B2

These filings are not redundant with conventional HPAL process patents. They pick off the most challenging operational steps, reaction control, impurity crystallization, scaling, byproduct handling, and secure protection where many assume there’s none left to claim. This is a patent strategy at the unit-op level.

The assignees are part of a larger battery supply chain anchored in Indonesia, backed by GEM Co., Ltd. (China) and Merdeka Copper Gold (MBM). PT ESG and PT QMB are already shipping mixed hydroxide precipitate (MHP) for downstream conversion. Their U.S. filings suggest they aren’t just selling into the market, they’re staking claims within it.

What we’re seeing is non-US-affiliated groups securing protection on every critical HPAL lever: chemical efficiency, thermal recovery, equipment uptime, and wastewater compliance. These are precisely the levers that determine whether a U.S. nickel sulfate project is bankable. If you’re building in this space, these are patents and applications you’ll need to know cold to be sure you are free to practice your process in the U.S. 

JX Metals Circular Solutions Co., Ltd.

9 U.S. Publications and Patents Locking Down the Cost-Critical Steps in Black Mass Recycling

Black mass is the mixed powder of valuable metals, primarily nickel, cobalt, lithium, and manganese, left after shredding and processing spent (“used”) lithium-ion batteries. JX Metals Circular Solutions, a subsidiary of JX Nippon Mining and Metals, received nine U.S. patents and published applications in 2025 focused on lithium-ion battery recycling. These weren’t speculative filings. They were aimed directly at the steps that break most commercial black mass flowsheets.

Here are some examples. 

Technical Focus Representative Patents and Publications
Lithium-first processing via carbon-assisted roasting and aqueous leaching US12243993B2, US12319979B2
Acid leach stabilization methods for mixed black mass US20250043382A1, US20250043384A1, US20250197965A1, US20250215524A1
Aluminum removal upstream of solvent extraction US20250179612A1
Solvent extraction extractant recovery and reuse US20250154625A1
Broader LIB waste flowsheet coverage US20250043386A1

These patents and published applications go after cost structure. Every one of them aims to reduce acid use, mitigate fouling, increase selectivity, or recover solvent. If your flowsheet runs lean, these are choke points. JX is bottling up the most failure-prone steps and fencing them off.

Tariff pressure is the backdrop, but the patent strategy here is surgical. JX is not just filing in Japan. They’re locking down critical steps in U.S. jurisdiction, right where the next generation of recyclers are trying to scale.

If you’re designing a plant, these filings raise real questions. Are you free to operate, or do you need to patent your own design-arounds to secure space in the market? Freedom to operate (FTO) and patent protection aren’t just legal boxes to check, they’re competitive necessities. In black mass recycling, where margins are thin and process tweaks define profitability, staking your claim through targeted patenting can be the only way to avoid paying for someone else’s chemistry.

Korea Zinc Co., Ltd. and KEMCO

6 U.S. Publications and Patents Verticalizing Nickel Recovery and Sulfate Production

Korea Zinc and its subsidiary KEMCO are not waiting to be cut out of the energy transition. In 2025, they received six U.S. patents and published applications focused on vertically integrated nickel recovery and sulfate production.

Two examples of the six patents and published applications include US20250066876A1 and US12258282B2, which relate to all-in-one methods for extracting nickel from mixed raw materials and converting it directly to battery-grade sulfate. This fits into a broader strategy: resource recycling, nickel independence, and South Korea’s supply chain posture.

These filings may look basic, but their value lies in integration. Korea Zinc is securing the full conversion sequence from nickel-bearing inputs to sulfate outputs. It’s a nickel sulfate monopoly in miniature.

BASF SE

6 U.S. Publications and Patents Where Primary Processing Meets Closed-Loop Battery Recovery

BASF SE continues to thread the needle between virgin extraction and circular recovery. Virgin extraction refers to sourcing raw materials directly from natural deposits, such as mining ores or refining concentrates, while circular recovery focuses on reclaiming those same materials from end-of-life batteries and production scrap. In 2025, BASF SE received six U.S. patents and published applications covering both upstream and downstream levers in the battery material cycle.

Example patents and publications include:

Technical Focus Representative Patents and Publications
Nickel sulfate production for EV cathodes US20250109037A1
Oxidative and reductive leaching processes US20250034676A1, US20250146102A1
Advanced LIB recycling and metal recovery US12312654B2
Electrolysis of lithium sulfate US20250003099A1
Wastewater treatment with flotation integration US12240000B2

This is BASF applying its chemistry stack to lock in IP across primary and secondary flows. These filings are less about capturing one node and more about locking the entire loop. From a freedom-to-operate perspective, this creates friction for any player trying to run integrated sulfate or lithium ion battery (“LIB”) flows.

Schlumberger Technology Corp.

6 U.S. Publications and Patents for The Lone U.S. Player Betting Big on Brine-Based Lithium

Schlumberger (SLB) is the only major U.S.-based entity on this list. In 2025, it received six patents and published applications covering direct lithium extraction (DLE), brine conditioning, and real-time process monitoring.

Filings and granted patents include:

Technical Focus Representative Patents and Publications
Lithium recovery from brines US12280322B2
Flexible pre-treatment systems US20250145497A1
Process analytics and continuous monitoring US20250205616A1, US20250235800A1
Lithium quantification and detection tools US20250092489A1

SLB is translating its oilfield instrumentation playbook into lithium. The strategy is sound. But the broader picture is concerning. The only U.S. player building IP in this space is also one of the few with prior experience in high-throughput resource extraction. Other major players appear to be watching from the sidelines, risking being left behind. 

Conclusion

The trend is unmistakable: as tariffs and sourcing mandates reshape global battery material supply chains, companies bringing production to the U.S. find that intellectual property has become a cornerstone of their competitive strategy. The traditional tactic of distributing process steps across countries to minimize infringement exposure is now riskier, since U.S. law can reach imports made by a patented process and tariffs constrain offshore maneuverability. Every unit operation that lands onshore must rest on solid IP footing.

Engaging an IP attorney early, both to verify freedom to operate (FTO) in the U.S. and to file patents that protect design-arounds, has shifted from best practice to business imperative. Well-structured filings don’t merely defend your process; they carve out exclusive operating zones for you. In a tariff-driven environment characterized by fast-moving capital projects and slim margins, patents have become strategic assets rather than defensive shields.

Engineering still drives innovation and efficiency, but patent strategy now dictates who ultimately gets to operate. The companies that integrate FTO analysis and design-around patenting into their plant development from the outset will be the ones defining the future of domestic production, not chasing it.

 

Ryan Schneer

Any examples are solely for educational and illustrative purposes. They do not constitute legal advice and should not be construed as recommendations for specific actions. For personalized legal guidance, please consult a qualified attorney.

This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. The opinions expressed in this article are those of the author only and are not necessarily shared by Dilworth IP, its other attorneys, agents, or staff, or its clients.