Monday, February 11, 2019

Possible questions on "recent" legal changes - EQE 2019

The law being tested at EQE 2019 is theoretically the status on 31 Oct 2018 in the year before the exam. Unless specified otherwise, "today" on the exam is the actual day of the exam (25th - 28th Feb 2019), so the law of 31 Oct 2018 should be applied to these situations. In particular, fee amounts valid on this date should be used when specifically required to answer a question.

Make sure your legal references are up-to-date and you are aware of recent changes. See here for my overview of recent releant EPC changes and an overview of recent relevant PCT changes. I have also included my comments about whether a question is likely or not - I have no insider knowledge, it is based on experience with previous exams.

Changes in 2016 are also included as there is usually one DI question (or an aspect of DII), and at least one Pre-exam Legal Question, directed to a "new" subject or a "recent" legal change. As each exam takes up to 2 years to make, these may not seem new or recent to you. For example, in DI 2018, G3/14 was asked for the first time.  The decision by the Enlarged Board in that case was taken on 25 Mar 15, and it was published in the OJ EPO in November 2015.

They also added the EPO PCT Guidelines to the official list of EQE texts  about 2 years ago, so some topics fom here could also be expected. Most of the contents are found in other references, like the Euro-PCT Guide, the standard EPO Guidelines or in OJ EPO notices. Two subjects that are explained here in more detail include:
-- PPH (Patent Prosecution Highway) - E-III, 1 - 3 (See here for a copy of the chapter & a relevant OJ EPO)
-- PCT-Direct - A-IV, 1 and B-IV, 1.2 (See here for a copy of the chapters & a relevant OJ EPO)

So, familiarise yourself with the changes from 2016 and early 2017 as well.

Good luck!

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