Monday, December 7, 2020

e-EQE 2021 - major changes in the structure and content

The EPO has published a major update (2 Dec 2020) about how the exams on 1 March 2021 will be structured, and the parts that can be printed. No announcement yet of a demo of the exam portal, or any example papers to practice. 

Main points:

- the LockDown Browser will need to be downloaded and installed.
You will need Administrator rights. "Browser" is a bit misleading as it does disable a lot of functionality on your computer - it is more like a test portal. I hope the latest version will be available before exam day. I could not find a general demo. 

- Pre-Exam, C and D split into parts.
Not being able to go back and review earlier answers is a major restriction. To pass, you need to get at least 50 / 100 marks, so before there was some freedom to use time saved on some parts for others. Now, that freedom is reduced to each part. Some extra time is now given to compensate. 
If you realise during a later part that you forgot something in an earlier part, that can distract you and cause extra stress. You have to try and forget it, and concentrate of each part separately.

- Breaks in Pre-Exam, C and D. There is a break between parts, but you still need to be logged in 20 minutes before the next part starts and you may be printing things for the next part.
You will need some time earlier to check everything is working technically on your computer.
I assume during the 20 minutes, they will also ask you to do a room sweep with your webcam as you are likely to go to the toilet.
A maximum of 2 parts per paper would be much more manageable.

- Limited printing. No extra time has been given for this. No indication of how the files will be sent for printing.
We don't know whether multiple views of the same document and your answer will be possible in the test portal. In general, you need to have certain things side by side for comparison. Any claims needs to have a dedicated view or be on paper - interpretation can depend on a single feature or a particular word choice for a feature.
Doing all this on screen needs a lot of practice - it is not a trivial change. Unless you have a photographic memory, scrolling between different parts is pretty inefficient. Most candidates need to read and think about each sentence & word (everything could be important).
Also no annotation is possible of the non-printable parts (even if available, on-screen annotation is slower than paper annotation). 

CLICK BELOW FOR MORE ABOUT EACH PAPER

- Pre-Exam. Only prior art for claims analysis will be printable. Extra 40mins given.

Splitting into 4 parts makes it a pretty stressful day - 20 minute break is not really a break as you have to be ready 20 minutes before the next part. It should be a maximum of 2 parts.
The legal part seems okay as as each question is typically on one page with no overlap in subject matter. Claims analysis becomes harder - you need to view the question, and other materials. T/F sometimes depends on subtle word differences, so the question needs to be in view.
For example, PE 2019 17.1 "Claim III.2 clearly solves the technical problem of the invention as stated in paragraph [002]"=> scroll between question, claim and paragraph 002 of the description on-screen. 

- Paper A. The letter from the client will not be printable. No extra time to compensate.
The client's letter is usually written like a real letter, with the things you need in the wrong place, and some partial contradictions. You will need to scroll back and forth comparing paragraphs. 
When drafting the claims, you need to have the claims visible at all times to compare with the rest of the information. There is no time to write them first on paper and then type them in.

- Paper B. Description, claims as filed, communication, client's letter and amended claims cannot be printed. No extra time to compensate.
This seems the strangest choice for printing, as you need to compare information from different documents at different times. 
Claims as filed need to be visible the whole time you are writing your answer.
This paper will be much more difficult - I have to think about how to approach this.

- Paper C. Everything printable except the claims as granted. Split into 2 parts. Extra 30 mins given. No details on how it is split.
I assume either 2 different smaller cases or 2 different groups of claims.
More important than other papers, you need to have the claims as filed visible the whole exam, both reading and writing. It is also normal to either annotate the claims and/or make some kind of matrix. You are now forced to just make a matrix writing out the claims features in detail within the extra 15 minutes for Part 1 and Part 2.

- Paper D. Only the calendar can be printed. Split into 3 parts. Extra 30 minutes given.
D1 should be manageable - each question is on one page, with little matter. I would have preferred 1 part of 3 hours as typically there are 1 or 2 questions that you will struggle with, and it can help to leave them to the end. You can now only do that for each set of 3 questions. You are also more limited in going back with any extra time to check a question you did earlier.
D2 should be 15% shorter anyway due to the move from 60 marks to 50 marks (estimate: about 3.5 pages including questions). But the information from the client is very information-intensive - every sentence and phrase can be important, and they often give additional details about earlier paragraphs at the end (e.g. "we discovered later that we forgot to file any drawings"). You will probably have to make more notes to compensate which will need to be typed in, and they only give an extra 10 minutes for this. 

39 comments:

  1. In normal years , candidates only had to study and turn up to take the exam. They now have to worry about all the IT, and it is all adding extra stress.
    The EQE committees present it as simply logging in on a computer at home (or anywhere) and taking the exam. They are slowly shifting all the burdens of organisation, environment and materials to the candidates.
    3 months to go: there is no demo available, not allowing printing has been announced, and some papers are being split. Who knows what will be in the next communication.
    Major changes should have been postponed until 2022 to give candidates the opportunity to work with it and to see if the timings are adequate.
    They also assume that someone who is ready after practicing everything on paper, can just switch and do everything digitally. Maybe they can, but a lot of candidates will have problems with this - why is there no extra time for A and B? Even with the extra time, is it feasible?
    I would like to know who (outside the examination committees) tested the A and B papers to see whether they could be done just as quickly digitally as with a paper copy. And the C with the extra 15 minutes per part (whatever the parts will be). And the D2 with only an extra 10 minutes.
    There should be a lot a latitude on all sides this year with such changes until we all get used to it - the vast majority of candidates will not attempt to cheat in any way.

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  2. Pete- the image you selected describes very accurately my current state of mind as a candidate in view of the latest communication.

    I know that probably the Exam Committee has our best interests in mind, but these rules are really hard to wrap your head around. Clearly, our concerns are being overheard. While it is very easy to anonymously critique the decisions, I can feel that you, too, express some very honest and open concerns in your blog.

    Thank you Pete, for you honesty! Maybe they will at least listen to you.

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    Replies
    1. Thanks - I remember what it was like before to just turn up in the right location at the right time with the right books.

      I applaud the EQE for doing this - it is hard balancing act to get right.
      But they seem to underestimate how such changes will affect the preparation of many candidates. This is the period of intense paper practice, and nobody can tell us what the papers and the portal will look like.
      I think a lot will even be considering withdrawing and waiting a year until it is clearer.

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  3. [sarcasm on] copy/paste from the assessment to the answer is only only allowed during the first 3.5 minutes and the last 7.5 minutes of each exam part. No more than 256 characters each time, except on Thursday at high tide in Helsinki when you can do it for 512 characters. Unless screen breaks are being enforced, of course [sarcasm off]

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    1. (sarcasm ON) The opera browser will have arepo enabled - a red digit clock will show the time elapsed and a blue one will show the time left (... OFF)

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  4. The EQE FAQ page has been updated to reference WISEFlow as the partner they are using to transform the EQE to eEQE.

    Features include:
    Lock-Down Browser
    - Once secured, the device can keep running the exam even if internet connection is lost (one less worry :-)
    - All work is saved automatically and continuously

    Monitor & Invigilate
    - invigilators can monitor and interrogate performance electronically
    - Candidates’ status, progress and their devices can be identified, and suspicious behaviour automatically reported and further investigated. 
    - Candidates can be notified during an exam and reception observed.

    Auto-proctoring
    - utilises facial recognition and machine learning directly within the platform.
    - when enabled, pictures are taken using the webcam at random intervals. An authenticity score is calculated and maintained. 
    - Invigilators can then review image matches and students’ matching scores through their monitoring dashboard to determine whether there is behaviour that warrants further scrutiny after the exam.
    - The auto-proctoring functionality is in the hands of the university to turn on or off when deemed appropriate.

    Prevent and detect plagiarism
    - Submitted work can be run through your preferred plagiarism detection tool (This does not seem relevant for EQE. But I wonder if this includes comparing with answers from other candidates?)
    - Integrated with Urkund and Turnitin. Will be able to access the similarity report when assessing the candidate’s submissions.

    They also have some interesting articles:
    - Preventing Academic Misconduct in Digital Exams Using Third-Party Programs
    - To Proctor or Not To Proctor - Is That the Question?

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  5. There are also new parts in the EQE FAQ's about the hardware and software requirements, and the availability of the test systems. Thanks to all those working hard behind the scenes - it is quite a lot of detail.

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  6. On 14 Jan 2021, EPO and epi wil host a joint webinar in 2 parts - (1) for all and (2) for tutors onl. Register via EPO website - event 13948.

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    1. I am very glad that things are happening, but it is very difficult to track all this stuff. If you had not have posted this, I would not have seen it. It is also difficult to check the FAQ's page every day and figure out what has officially changed.

      Maybe someone from the epi e-EQE group that they formed could set up a website/LI group/FB/WhatsApp group etc with the latest versions of the official information and planning so that we are sure we have not missed anything.
      Presumably they already know what the latest status is and all these events as they are also involved in
      the planning. Is it the PEC - Digitalisation Support group (DSG)?

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    2. Realistically, don't expect too much from the epi. They could choose to be in the driving seat for the EQE, but they will not (as an organisation) commit resources to doing it.
      It is hard anyway for epi to develop one vision when the members are so diverse, and each country has one vote. There is also a lot of politics behind the scenes. Some of it is old-fashioned - not wanting higher pass EQE rates because of increased competition, not training central European countries because they could also be competition, not wanting continuous education after qualification because many are grandfathers, not wanting training for formalities because they always want to maintain that they know better.

      So they conveniently take a back seat to the EPO for the EQE. Plenty of meetings and discussion, but little progress, in spite of many talented and driven individuals tilting at the epi windmills :-)
      Often the epi agrees behind the scenes with what the EPO does, but will publicly criticise the EPO (like when they combined the AB papers). And they let the EPO take the heat. That is why everyone calls it an EPO exam. In practice, almost no-one knows that the epi fills half the committee and board places.
      Thank goodness for the EPO :-)

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    3. @Anonymous, if there is an official, consolidated resource, I am not sure where it is.
      @Marcus, I am not sure that all those things are still true - the epi has regular updates on its home page about the EQE and mailings. And some of those politics are found in all professions and national organisations.

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    4. Interesting - in the draft program for the webinar, the name of the epi PEC chair is not yet confirmed. If the epi was in the driving seat, that would already be confirmed.
      Thank goodness for the EPO :-)

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  7. I am disappointed that they have not indicated anything about the webcam - if the specs are complicated, it may be hard to get hold of them when everybody is working from home again.

    I don't think the EPO will provide anything - more likely, they will let you test your internet speed, camera, microphone etc in their test system.

    Using your phone would be a good option from a quality point of view, but the EQE does not allow electronic devices, so they would need to disable all other functionality. They could allow you to use it to setup a biometric profile - in principle, you can then use a lower quality camera during monitoring.

    Specs may include: resolution, speed, low light sensitivity, angle, possibly zoom in/out, able to be moved around before the exam and positioned in front of you during the exam. One online exam requires a continuous view of the face, hands, keyboard and an area around the keyboard. Others just monitor the face.

    If you want to order one now, if you were to pick one that fits on top of your screen, with a tripod mount and good microphone, and can be used for the EPO oral proceedings (HD 720p or above), there is a good chance it will be acceptable. The cost would be typically EUR 40 - 60.
    Surely most offices with European patent attorneys have been ordering these as it is now required for the EPO and for home workers?

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  8. When I get chance, I will update my posts.
    The many additional details, the testing schedule, the confirmation of a mock paper and these new webinars has happily confirmed that there is detailed plan in place, and it is being executed at a breakneck speed. Developments are much further along than it appeared from the first communication about the schedule - very impressive :-)
    Once it is explained how C will be divided and we know what the interface will look like, we can figure out how to efficiently tackle the papers.

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  9. Paper C details (from EPO FAQs)
    The EQE 2021's paper C will be split into two parts.

    In the first part of the paper, you will be provided with a letter from a client, prior-art documents, a description of the patent to be opposed and a number of its claims. Within the allotted time, you will be required to draft as much of a notice of opposition as it is possible based on the documents at hand. This first part of the notice of opposition must be handed in at the end of the first part of the exam.

    In the second part, you will be provided with one or more additional claims of the same patent. You may also receive further information such as another letter from the client, further prior art and/or supplementary parts of the patent's description. You will be required to draft a second part of the notice of opposition, which will form, together with the first part you already provided, the complete notice of opposition which will be marked. This second part of the notice of opposition must be handed in at the end of the second part of the exam.

    If an attack which is available in the first part of the paper is discussed only during the second part of the exam, no marks will be awarded to that attack.

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    1. Dear Pete,

      We might be a little bit more optimistic. When I read this, it will be tough.

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    2. Hi Sandra,
      I am less worried by the splitting of the exam - I can see how this would be possible. For the second part, you get all new claims, so I am guessing that they will have claims in 1 category (apparatus or product) in the first part, and claims in a second or 3rd category (method/use) in the second part. There are the patentability attacks and extension attacks which they can add anywhere.
      But it will be a struggle to practice and get used to the environment. The editor/viewer solution they have chosen needs some getting used to with its restrictions. And things like not being able to print anymore when the lockdown browser is started.
      It is quite a switch from doing it on paper for the longer exams.
      And there are likely to be problems with reliable internet - when there is a lockdown, everyone is working or streaming or gaming online (having problems now in NL)
      So some conditions stated might be difficult: "Candidates are responsible for ensuring that a suitable internet connection is available for the duration of the online examination"
      And I don't see the point of including this - "Candidates are responsible for ensuring that they have a reliable power network. If ... unreliable ..., we recommend that you have a UPS (uninterruptible power supply)"

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    3. Thank you Pete for your prompt answer.

      I have another question. I have decided to use the law as of October 31st 2019. What about the Rfess and the RPCR? Could I use RPCR2019 and RFees as of 31st Oct. 2019 ?

      Many thanks in advance and kind regards,
      Stella

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    4. Hi Sandra,
      31 Oct is the cutoff for everything, including fees. Traditionally, they have accepted answers based on later situations as it is not always clear. This year is even more exceptional for the main exam.

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    5. Thank you Pete,

      Does it mean that if I have a question where I need to calculate the fees in May 2020 (e.g. filing fees and search fees, applicant filed his application in may 2020), I can use fees as of 31st Oct. 2019 ?

      What make me struggle is that as you know fees change every year in April. As you also know the amount of fees payable is the amount which is in the Rfees on at which the payment of the fee is done. That means, in May 2020, fees should be the one that apply from April 2020, therefore I should use those amounts NOT those of 31st oct. 2019 (April 2019).

      What do you think ?

      Kind regards,
      Sandra

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    6. Normally, most fee questions are based on payment on the day of the exam (2 Mar 21) or shortly after. You are right - if there is a question about an earlier payment in a year in which there was a fee change, you should know the old values if applicable.

      This year is unclear - I dont know if they have kept the old question dates (17 Mar 20) or updated them. But even if updated to 2 Mar 21 under their own rules, they will accept 31 Oct 2019 values for any dates on or after 31 Oct 2019.

      I would advise to give the best values that you have. If you know the Mar 2020 values in your example, then use those. If you realise the values you are applying are incorrect, but you are following their instructions, you can also include this in your answer as a comment.

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  10. Hello Pete,
    Thanks for these advices.
    Just a question: how to train with current compendium with C, since all these old papers or designed for 5hrs 30 exam? Do you think it is worth practising these old papers in 5hours30? How can me make the "split" to train us?

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    1. Hi Cris, print all except the claims, and try and do the paper within 5.5 hrs typing in your answer. Until we have actually seen an example, it is difficult to say how they will exactly split it. But I think you can consider it to be two mini C papers, as you will get different claims.
      I think the hardest thing will be to work with the claims on the screen.

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  11. It is too much changes - I dont have time, energy and resources to satisfy all these. And who knows what will change next - I cannot even keep up with the announcements. I get emails that web sites have changed, and I have to figure it all out myself, or look on unofficial blogs. The epi announced a special committee for the eEQE and they are completely silent and invisible.
    I will withdraw from all the exams and try and get my money back, including the administration fees. I did not expect for this. At least in 2022, it will be stable.

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    1. Hi Johan, I understand your frustration, particularly with the IT aspects. Some of the requirements, like the camera, are not ready yet. So you can't order it (webcams are in short supply at the moment).
      And if you order one, it might not be good enough.
      I want to test the lockdown browser, but I am not going to install it on my work PC (the website guide states that you may have to disable anti-virus programs due to conflicts).

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  13. Timetable for Mock 2 NOW on EPO website: "week of 1 to 5 February 2021. Papers will take place during that week at the same week days and times as the real examination".

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    1. Not everyone is going to be able to take a week off to do the mock 2. I hope they will extend the time available to do the mock 2 and hav some flexibility in doing the mock 2 like there is for trialling mock 1.

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    2. I doubt many firms will allow their candidates to take a week off so hopefully the EPO understand this and open the mock 2 portal for longer.

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  14. Hi Pete. Have you managed to try the lockflow for the papers A to D. So far, I have not enjoyed the experience and am worried.

    Papers A and B, the find functionality is awful and wholly inaccurate. It is selecting and finding random parts of the text and will be hopeless in the exam.

    The copy and paste function is equally bad. Even when you remove the formatting l, it seems to join words together and copy random bits of the paper like line numberings.

    We have less functionality I. E. No highlighting or no strike through of words.

    They really need to sort out the mess but it looks to be like the mock 1 software has been rushed out and not checked properly. Off course, this is only adding to my worries as I cannot trust it.

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    1. No, not yet. I will likely do it at Christmas when I have a little more time.
      I have seen some of the comments about issues. I have run into some of those before, as I work with pdf's a lot and when I make the books, I am copying from a lot of html from websites. Hopefully, I can see what are conversion errors and what are real errors in the interfaces.
      I also need to set up a blank user account - I am not installing it on my work computer with administrator privileges.
      Unfortunately, this is all burning a lot of study hours for you guys. I have also seen that Mock 2 will only be at fixed times following an exam schedule - that means that some will have to reserve almost a whole week for the practice.

      A lot of those points can be fixed. I am not a big fan of having two different viewers for the exam with different possibilities. Almost certain, you will get frustrated during the exam by repeatedly trying to do something that does not work.

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    2. There are some positives as well when the copy and paste function works and you can obviously move your paragraphs around in your answer script. But there are also some teething issues as mentioned here and in delta patents blog which definitely needs fixing.


      I've spent the past 2 days or so on the mock 1 trial and there is more I need to do so you are right Pete that it does eat up your revision time.

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  15. I agree with most of the comments here. For me, the IT and admin burden placed on candidates this year is very high. Its not right in my view. Candidates are spending valuable "revision" time testing out software and sourcing IT requirements, keeping up to date with new changes rather than revising for the actual exams. These things take alot of time away from studying.

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  16. The new Paper C format doesn't work for me. I always need a claim set in front of me when reviewing all prior art documents and switching between tabs in the lockflow is extremely annoying and distracting. You can view your editor with the script side by side but you cannot copy and then you have to open a new tab to copy and paste. Its very frustrating the way they have designed the software.

    I'm also worried about how we are going to prepare a full notice of opposition with only half the information available to us in part I and the rest coming in part II. Once you've handed your script in part I, you can no longer see what you've written.

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  17. It is true that many candidates will not be able to do 1st Feb to 5th Feb mock 2 for many reasons so it would be ideal if they can extend this period. As long as you do it within the allocated time, you can still sit the exams to prepare for the conditions and learn the new system.

    If that is not the case then I hope they can still release the mock papers afterwards so that candidates who cannot attend the mock will at least get to see what the paper looks like.

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  18. The EPO has been seduced by the technology, instead of just looking at the big picture. The exams are not designed to be done electronically, and to avoid printing, they have had to come up with all these extra features that do not work well. They assumed that everyone will try to cheat, so they are designing the system accordingly.

    But there are also studies that show that more people are tempted to cheat if the conditions become so difficult. For many candidates, it is not easy just to "do it again next year" - there are too many real-life consequences.

    I think the Pre-Exam and DI can work, as these are the type of questions that are often done online. The system should allow those who follow all the rules to their best ability to pass. The solution is obvious: for EQE 2021, let every candidate print the full exam for the longer parts (DII, A, B, C) and also provide the full paper electronically. I think the Pre-Exam and DI can work, as these are the type of questions that are often done online.
    => candidates can more or less just concentrate on the content and not the environment
    => if there is a technical problem, you can at least continue
    => those who want to work digitally, can also do that. And please do as this will be the future. This needs to be settled for EQE 2022.

    Preference would be to not split C as well, but I realise that there may be health issues. But if you are working with a paper copy and typing, the screen breaks will be inherit.

    I also think that the chance of someone cheating at the EQE with DII, A, B, C has been overestimated. There are very few people who can look at a paper and figure out the correct solution - you are talking only about a second opinion, which could be wrong. The answers cannot be googled.
    Also if you get someone to take the exam for you, it is hard to find someone who is fully up-to-date and fast enough. There is no guarantee that they will have the correct solutions and no guarantee you will pass. Even the many "EQE tutors".

    The stakes are also too high - if you cheat and get caught, you will need to find a new career. And the person who helped you will be disciplined (assuming they are a national or European attorney).

    As Anon pointed out, let all candidates sign a declaration that they will not cheat or help someone cheat, and state the consequences.
    Also, for every candidate someone has to sign that they have completed the training period as legally required. That person could also sign a statement, stating that they have satisfied themselves that their candidates understands the requirements and that they are also unaware of any efforts to cheat on their behalf. As the official supervisor, they can also face sanctions or discipline actions. It is not unreasonable to ask them to declare that the location where the candidates will take the exam satisfies certain requirements.

    You could also ask all EQE tutors to sign such a declaration.

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    1. I dream that it will be like this - my supervisor will sign, I am sure. I sign now!

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  19. I assume that they have considered this as it is similar to the UK PEB procedure.

    I agree that it is difficult to find someone who can just do a new paper and get a good accurate answer. That person would have to do a lot of preparation, and even then, you are not completely sure.
    When I was at DeltaPatents, the solutions were always checked by 2-3 tutors before being put on the website.

    And the stakes are really high, as you indicate. Not only now, but for the rest of your career.
    The supervisor declaration seems to be particularly powerful - that must be a European Patent attorney, subject to the epi rules or an employer.

    The UK exam had a candidate declaration, and they allowed "trusted person" to invigilate with a similar declaration (although that was not allowed to be a supervisor").

    In theory, this would be good compromise - there is still the proctoring during the exam to detect any collusion. I dont know how complicated the declaration process will be, but most of that can be automated nowadays.

    With regard to printing, they could add individual headers/footers (like they do with standards). Visible and invisible watermarks can be used. No system is foolproof, but you just need to slow down sharing.

    It is an interesting idea. It seems similar to the Westpoint case, where they rely on the honour system for all involved. If you cheat you also fear being found out by your peers, and if you collude, it is likely that at least one involved feels honour-bound to come forward. "An EQE candidate will not lie, cheat, steal, or tolerate those who do".
    I would happily sign a declaration that I will not assist (or afterwards have not assisted) any candidate in cheating, either as epi member or a tutor.

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