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The European Patent Office has traditionally been of the opinion that Article 69(1) EPC and the Protocol on the Interpretation of Article 69 EPC, according to which the extent of the protection conferred by an EP application or an EP patent is determined by the claims, but the description and drawings shall be used to interpret the claims, concerns courts of law, not the EPO itself, with the exception of broadening the scope of protection during opposition (Article 123(3)).
In the past years this opinion has however partly changed, and the opinions as well as the decisions of the Boards of Appeal have diverged at the EPO. Thus, a referral G1/24 has been made to the Enlarged Board of Appeal of the EPO, the referral being based on the decision T439/22 of a technical Board of Appeal. The referral asks the following three questions.
The Court of Appeal of the UPC gave, in March 2024, a decision UPC_CoA_335/2023, according to which the description and drawings are always to be used to interpret the claims, instead of being used only for resolving unclarities. It will therefore be very interesting to see how the EBoA of the EPO answers the questions asked, which relate to the same issue. The EPO has on one hand said that they will follow decisions of the UPC and aim at harmonising decisions, but on the other hand, the Boards of Appeal of the EPO are independent and their decisions should be based only on the EPC and its Travaux Préparatoires. If the answers to the questions asked will be positive, i.e. that the description and claims are always to be used to interpret the claims, it will be fascinating to read, on which EPC Article or document of the Travaux Préparatoires the decision is based. It might simply be based on the use of the word “shall” in the second sentence of Article 69(1), but we’ll see.
The EPO has also already informed that despite this referral, examination and opposition proceedings will continue as normal, and will thus not be stayed until the decision is issued.
The 2024 edition of the IAM Patent 1000 Guide has now been published, which includes recommended patent law firms and a listing of 1000 standout patent practitioners across the globe.
We are pleased to share that Laine IP has maintained a Silver ranking and been provided with excellent reviews in the Patent Prosecution category.
In addition, firm Managing Director and European Patent Attorney, Jouni Smolander; European patent attorneys, Kaisa Suominen, Jarkko Tiilikainen, Hanna Laurén, and Kathy Wasström, and two of our U.S. patent professionals, Mark Scott and Toimi Teelahti (also a European Patent Attorney), were individually named as Recommended Practitioners in the 2024 IAM Patent 1000’s listing of 1000 standout practitioners across the globe.
A link to the 2024 IAM 1000 Guide and Laine IP’s recognitions can be found here.
We sincerely appreciate our clients’ continued trust in our firm and their feedback in IAM’s selection process.
Managing Intellectual Property MIP has released the 2024 MIP Stars recognitions last week!
Managing Intellectual Property (MIP), the leading publication in the intellectual property world, has begun the unveiling of its 2024 recognitions by publishing the MIP Stars list, which features the top IP experts from various countries. The MIP Stars recognitions are based on independent research where clients and peer firms evaluate the performance of individuals in the IP field.
The following experts from Laine IP have once again received global recognition:
Patent Star 2024: Tatu Ahlskog & Kathy Wasström
Trademark Star 2024: Joose Kilpimaa & Reijo Kokko
We are proud to be recognized once again among the world’s most esteemed IP firms. We would like to thank not only our clients and partners but also our employees—each and every person at Laine IP—who tirelessly work to protect our clients’ intellectual property rights.
Unified Patent Court (UPC) has started its operation on June 1, 2023. The UPC system simplifies patenting in Europe such that it is possible to request for unitary effect for a granted European patent in the countries, which have ratified the Agreement on a Unified Patent Court (UPCA) (17 EU member states at the moment). A European patent with unitary effect may also be referred to as a Unitary Patent (UP).
The countries which have ratified the UPCA are at the moment (marked with green in the map): Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovenia and Sweden.
The UPCA has been signed by 24 current EU member states, including Romania. Romania belongs to the European Patent Convention (EPC) and has participated in the regulation of the UP. Romania was not a Contracting Member State of the UPC in the beginning though, because Romania had not ratified the UPCA before the UPC started its operation.
Romania has now ratified the UPCA and deposited its instrument of ratification of the agreement, becoming the 18th Member State to join the UP system, one year after the UPCA entered into force.
The UPCA will enter into force in Romania on 1 September 2024.
We will continue to actively monitor the situation and get back to you as soon as we know more.
The original news can be found here.
We are thrilled to announce that Laine IP Oy has been recognized as a Tier 1 firm in Trademark Prosecution among Patent & Trademark attorney firms by Managing IP (MIP) for the year. This prestigious accolade highlights our dedication to excellence and innovation in the field of IP.
Building on our previous achievement as a Tier 1 firm in Patent Prosecution last year, this new recognition in Trademark Prosecution further demonstrates our expertise and consistent delivery of exceptional service in both key areas of intellectual property. Being distinguished as a leader in both categories by one of the industry’s most respected bodies is not only an honor but also a testament to our team’s hard work and dedication.
At Laine IP Oy, we believe that such achievements are a reflection of our deep understanding of the IP landscape and our ability to adapt to the dynamic needs of our clients. We are proud to serve a diverse clientele, ranging from individual inventors to large multinational corporations, providing tailored solutions that protect their innovations and brands across the globe.
This dual recognition as a Tier 1 firm in both Patent and Trademark Prosecution allows us to confidently say that Laine IP Oy is equipped to handle the most complex and demanding IP challenges. We remain committed to maintaining our standards of excellence and continuing to innovate within the industry.
We extend our deepest gratitude to our clients for their trust and partnership, which has been integral to our success. We also thank our dedicated team, whose expertise and unwavering commitment to client service have enabled us to achieve this significant milestone.
As we celebrate this achievement, we look forward to continuing to support our clients with the same level of excellence and dedication that has brought us here. For those interested in learning more about our services and how we can assist in protecting your intellectual property, please explore our website or contact us directly.
Thank you for being a part of our journey. Together, we continue to set the standard in intellectual property protection.
Unified Patent Court (UPC) has started its operation on June 1, 2023. The UPC system simplifies patenting in Europe such that it is possible to request unitary effect for a granted European patent in countries, which have ratified the Agreement on a Unified Patent Court (UPCA) (17 EU member states at the moment). A European patent with unitary effect may also be referred to as a Unitary Patent (UP).
The countries which have ratified the UPCA are at the moment (marked with green in the map): Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovenia and Sweden.
The UPCA has been signed by 24 current EU member states, including Ireland. Ireland is not a Contracting Member State of the UPC yet though, because Ireland has not ratified the UPCA.
Ireland belongs to the European Patent Convention (EPC) anyway and has participated in the regulation of the UP. Consequently, Ireland may choose to ratify the UPCA and become a UPC Contracting Member State.
A referendum has to be arranged in Ireland before joining, because an amendment to the Constitution is required. The plan was to arrange the referendum in Ireland in June 2024, but the referendum has been deferred. According to Minister Burke, more time is needed for public discourse on the matter, but at least he remains committed to Ireland participating in the UPC and sees that it would bring many benefits for their economy.
We will continue to actively monitor the situation and get back to you as soon as we know more.
Original news can be found here.
We are honored to share that Laine IP has been recognized with the “Firm of the Year” award for Trademark Prosecution in Finland at this year’s Managing IP Awards. The award ceremony, held at the London Hilton on Park Lane, brought together the best of the intellectual property community from across the globe. Our expert Tom-Erik Hagelberg was present at the event and had the honor of accepting the award on behalf of our team.
In today’s digital age, where brand identity and online presence are invaluable assets, the significance of robust trademark protection cannot be overstated. It’s the foundation upon which businesses can build a strong, recognizable brand and safeguard their intellectual property from potential infringement. Our commitment to providing thorough and strategic trademark protection has always been at the forefront of our efforts.
This recognition is a reflection of the dedication and hard work of our entire team over the past year. From our attorneys to our administrative staff, every member of our trademark department has contributed tirelessly to our firm’s success. We’ve navigated challenges, celebrated achievements, and, most importantly, we’ve supported our clients through the complexities of intellectual property law with a steadfast commitment to excellence and integrity.
We also want to take a moment to extend our congratulations to all the nominees and winners of the night. Being among such esteemed company is truly an honor and speaks volumes of the vibrant and dedicated IP community we’re proud to be part of.
As we celebrate this achievement, our focus remains on the continuous improvement of our services and staying at the forefront of intellectual property law to better serve our clients. We believe in the power of teamwork, the importance of innovation, and the value of each trademark we protect and prosecute.
To our clients, thank you for entrusting us with the protection of your most valuable assets. Your trust fuels our commitment to excellence. We look forward to continuing to serve you with the dedication and quality that you deserve.
In the world of intellectual property law, Patent Agents play a pivotal role in safeguarding innovation and ensuring the legal protection of groundbreaking ideas. Becoming a successful Patent Agent requires a diverse set of skills and knowledge spanning legal, business and technical domains. None of the experts entering the profession has all the required skills to begin with and thus in-house training is an important part of the career path.
Laine IP is constantly looking for the best candidates for entering our training program. The training program is a mix of self-study, courses and practical work with real cases and clients. Candidates are closely mentored by an experienced Patent Attorney for several years to ensure that candidates feel confident in tackling all aspects of the profession.
We had a chat with two of our most recent U.S. Patent Agent trainees, Cristina Battistuzzi and Thomas Öhman, about their experiences working at Laine IP as trainees. Let’s see what they have to say about the training period.
Thomas: Before joining Laine IP in October 2023, I graduated in September 2023 with an M.Sc. in chemical engineering from Åbo Akademi University, majoring in Natural Materials Technology. I did not have any prior experience with IPR before joining.
Cristina: I have a M.S. in analytical chemistry from the University of Helsinki and a B.S. in Chemistry from a college in the US. My previous position here in Finland was at Thermo Fisher Scientific as part of the customer/quality control team. I have quite a varied background, I have research experience in the field of neuroscience while living in New York and teaching middle school science in Italy. I had no prior experience in IPR before joining Laine.
Thomas: I work in our Turku office, where only a couple of people from the firm work full-time. When I started, I travelled to our Helsinki office a few times a week to work more closely with my mentors Mark Scott and Toimi Teelahti, but now I go to Helsinki around once a week.
I usually arrive at the office between 10 and 11 a.m., after spending the first few hours of the day working at home by studying the material for the exam required for becoming an U.S. Patent Agent. Once at the office, I start looking at the relevant case assigned to me, and usually start drafting either a report for the client or a response to an office action. Other than that, I often communicate with Mark and Toimi and receive feedback for the work I’ve done, which is very valuable for my learning. We also have different team or company meetings at times, but most of the workday is spent working individually on a case.
Cristina: I enjoy a coffee and a chocolate and my day begins by checking assignments and discussing them with my mentor Mark Scott. In-between assignments, I follow the online course.
Thomas: I would say I learn about 50% from working on cases and 50% from studying the exam material. I’m currently in the process of completing an online study course which consists of modules with lectures and questions. I work on the study material independently for a few hours each day.
Most of the practical stuff is learned in the company’s actual cases, in which I learn, for example, to argue for patentability. Working on actual cases increases my knowledge of the patenting process as a whole, as the cases can be at any point of the patenting process, for example at the beginning, or nearing an actual patent. Together with Mark and Toimi, we regularly review both the practical work done as well as the material I’ve studied.
Cristina: The training is made up of studying for the Patent Bar Examination, and practical office work to assist the US Team in filing patent applications. As a study guide, we follow an online course based on the MPEP and in addition we have weekly meetings with Mark and Toimi who share their experience.
Thomas: I think some of the best parts are that we get to look at very different inventions, especially in the U.S team, as well as the feeling when you finally find a “break-through” in your arguments, that you believe could lead to a patent. Further, I like the flexible working times and the possibility to work at home.
Cristina: I enjoy problem solving and the continuous learning experience; there is no chance of being bored.
Thomas: Excellent written English, attention to detail, ability to communicate clearly, and the ability to learn and adapt after receiving feedback.
Cristina: You need to be a curious person, who enjoys learning, and gathering information from different sources and analyzing it in ways that are useful for communication with the US patent office as well as with the client. Patents are a whole new world if you have never worked with them before, so every day you need to be ready to put on your hiking shoes and go.
If you believe that you would make an excellent Patent Agent, please do not hesitate to contact us! Also have a look at our open position.
Laine IP Oy
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Email: posti@laineip.fi
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