Solvay's Recycling Patent Secured
European Patent Office Upholds Solvay's Soda Ash Recycling Process Patent Against WE Soda
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The European Patent Office has upheld Solvay's key soda ash recycling patent, handing the Belgian chemical giant a second major legal victory over WE Soda Ltd in less than a year. The EPO confirmed the validity of patent EP 3 971 138 B1 on June 16, 2026, following an opposition challenge filed by WE Soda just 16 months earlier, according to GlobeNewswire.
The ruling backs Solvay's proprietary method for treating and recycling waste streams — known as purge streams — created during soda ash and sodium bicarbonate production. It follows a December 2025 Dutch court order that forced WE Soda to stop selling its products in the Netherlands entirely.
A Five-Year Legal Battle Reaches a Turning Point
Solvay first sued WE Soda and its Turkish subsidiaries in the Netherlands back in August 2021, targeting a related patent called EP 2 878 579 B1. That case took over four years to resolve. On December 3, 2025, the District Court of The Hague ruled in Solvay's favor and ordered WE Soda to immediately halt all imports and sales of its soda ash in the Netherlands, according to GlobeNewswire.
WE Soda tried a different tactic in February 2025. It filed a formal opposition at the EPO against Solvay's newer EP '138 patent, arguing the process lacked a sufficient "inventive step" to deserve protection. The EPO held oral hearings on May 19, 2026. Less than a month later, it sided with Solvay, upholding the patent with only minor amendments, according to Yahoo Finance.
What the Purge Stream Patent Actually Covers
Soda ash is a basic chemical used in glass, detergents, and industrial processing. Global production tops 53 million tonnes per year. Making it — whether through Solvay's 160-year-old synthetic process or WE Soda's Turkish solution-mining method — creates leftover waste liquid called a purge stream. Solvay's patented technology cleans that waste and recycles water and sodium back into the production cycle, boosting efficiency and cutting environmental impact.
Solvay alleged that WE Soda's Turkish facilities — run by subsidiaries Kazan Soda Elektrik and Eti Soda — were using this exact purification method to improve their own yields. The Hague court agreed, finding that specific chemical markers in the Turkish product proved the patented process was being used, even though all manufacturing happened outside the EU, according to GlobeNewswire.
Solvay Builds a Legal Moat Around Europe
The EP '138 patent was granted as a Unitary Patent in May 2024. That status matters. A Unitary Patent lets Solvay pursue infringement cases across all participating EU member states at once, rather than filing separate lawsuits in each country. Legal experts say this makes it far easier and faster to enforce the patent Europe-wide, according to Yahoo Finance.
For Solvay, which reported €1.7 billion in revenue from its soda ash business in 2025, the twin rulings create a strong defensive position against lower-cost Turkish rivals. The EPO decision also paves the way for Solvay to file infringement claims in additional European markets beyond the Netherlands, using the June 16 ruling as a legal foundation.
WE Soda Faces Supply Chain Pressure, Eyes Appeal
WE Soda is the world's largest natural soda ash producer, with a total capacity of 5.2 million metric tonnes per year. The Dutch injunction already forced it and its distributor, Traxys, to cut off sales to the Netherlands. That disruption could push up prices for Dutch glass manufacturers who depended on cheaper Turkish supply.
WE Soda has appealed the Dutch court ruling, and that appeal remains pending. The EPO decision on EP '138 can also be appealed. Solvay says the rulings are "an important step in protecting Solvay's innovation" and ensuring fair competition in Europe, according to GlobeNewswire. WE Soda has stayed largely silent publicly, but its legal strategy signals it views Solvay's patents as a market barrier designed to keep lower-cost natural soda ash out of Europe.
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