eEQE 2021 Mock1 - Experience & Tips - A, B & C

Updated 28 Jan 21 with comments from eEQE FAQs

Updated 27 Jan 21: see post on using digital functionality more during exam.

Based on Mock1, C seems doable with 2 papers practice - it is a struggle to deal with such a long answer in a single view, so you really need to be organised. The claims are short, so I just copied the features onto paper.

I could do this paper A within the 4 hours, but I know this paper quite well and it is relatively straightforward.  Not having the letter slows you down - in paper A, you cannot just make one pass and use everything, you have to keep going back to the letter, and there is no way to mark what I have used or not used. Each paper is very different (like a real client's letter), so you cannot prepare any detailed templates beforehand to help organise. Luckily, you can copy claim language into your answer when you see it - fortunately, with A, the claims are most of the marks and with the combined technology papers, you get a lot of claim language in the current papers. 

B took me an extra 30 minutes. Very hard to do online - there are a lot of  pages you dont have. You need to compare a lot, so it is easy to miss something when clicking on the different tabs. It took me a long time as I had to double check a lot of things. More time would help, but I would prefer to be able to print everything. Or have everything except the claims as filed and the clients claims (consistent with C). Also, a simple way should be provided for including an amended set of claims - in real life, the EPO will only accept very minor amendments without such a claim set (GL H-III, 2.2). The main thing to remember in Paper B is that the clients letter and claims are telling you the direction to go in - if you follow that, but not blindly, you may not need to read everything in detail 

Important is to find the way that is most efficient for you that results in the fewest mistakes. Concentrate on the content (as before) and dont be distracted by additional possibilities to make your answers look nice. Feel free to distribute any materials as long as you indicate the source. There is a separate post for PE and D with many general comments which still hold. I have only repeated the most relevant here.

Hardware - see PE & D post. 27inch external monitor 1280x1080

Software - see PE & D post. 

General plus points:

• See PE & D post.  
• When starting Lockdown Browser, it detected that Windows Update was active, giving the chance to stop and turn it off :-)
• Can open many tabs of assignments, zoom and search in them, allowing separate views of pages or parts of pages. But max. 10 tabs in total visible for 27 inch screen.

General minus points:

• See PE & D post. 
• If something goes wrong (interface freezes) you may have to reset your whole computer. There are some invigilator options in the main tab for saving and printing that can be activated with the Invigilator Password. If you are viewing a different tab, click (i) in browser, select "Proctor Exit", and then enter Invigilator Password to exit.
• For A, B, C no highlighting. For pages only available on-screen, impossible to keep track of what you used or noticed. For B, it is a lot to have visible in the tabs.
• Multiple tabs cannot be named or viewed side-by-side
• Bug 1: max of 9 additional tabs (in addition to main tab). If you open 11th tab (10th additional tab), browser freezes and PC must be rebooted. It is also possible to click (i) in browser, select "Proctor Exit", and then enter Invigilator Password to exit.
• Bug 2: with smaller screens (14 inch), tabs can be opened but not accessed as they are off screen. Max. 6 tabs visible on 14 inch screen. 
• Only one view of your answer available, so for long answers (A, B, C) you may need to scroll around.

Tips - ME A, B, C

• See PE & D post. 
• Use separate online tabs for at least the non-printable pages. For A and C, can use 1 tab for each non-printable page. For B, too many pages, so can group into 1-2 tabs per document. With a 27-inch screen, full page view is easily readable. But max. 10 tabs allowed.
• For copy/paste in tabs, try selecting bottom up instead of top down before copying
• CTRL keys work in answer - A, C, X, V, B, U, I etc. "Shift+arrow" works for selection
• CTRL A, C work in assignment tab
• CTRL F works for find in assignment tab, or find/replace in answer
• CTRL Z, Y work for undo, redo
• CTRL-SHIFT V also works to paste in answer without formatting
• Use one or two heading types in answer (Heading3 or Heading4) - this allows you to click on headings in Table of Contents to quickly jump (this worked the first time I used it, but when I went back the clicking did not work anymore).
• To reduce risk of copying wrong details to paper overviews, read assignment in tabs and select dates or facts (as if you were going to copy) before you not them so that you do not lose your place, making it easier to double check.
• You don't need complete sentences - answers can be given bullet-style to reduce scrolling.

Suggested improvements:

• See PE & D post. 
• ME: fix the bug that more than 10 tabs requires a reboot.
• ME: as a general rule, a maximum of 4 pages should be available only on the screen. Any more is to difficult to read when they are in separate tabs.
• ME: allow 2-4 assignment tabs (which allowing selection & copying) to be displayed side-by-side in a single view.
• A: Provide all exam to print or give extra time
• B: Provide all exam to print or give extra time. Possibly compromise: only claims as filed and client claims are unprintable.
• B: Provide format to include claim set showing amendments
• ME: allow text-only appendices to be defined and inserted into answer. These would allow different sections of answer to be visible in different tabs. This would help the most in C as the answer is very long. But max. nr of allowed tabs needs to be increased.
• ME: make sure hyperlinks in Table of Contents work reliably

CLICK BELOW FOR MORE ABOUT A, B, & C

A

• Extra time given: none (still 4 hrs) - one part
• Pre-print: application drawings, prior art (here 2 docs => 4 pages)
• Only on screen: letter from applicant (here 7 pages)
• Note that A 2019 paper is considered relatively straightforward. A lot of claim language is easily identified and there are not a lot of embodiments.
• 1) Check prior art quickly for any claims - these can hint at categories of claims to be drafted and what they should be directed to.
• 2) Open each page (expected 7 - 8 pages) in a separate tab. Do NOT open more than 10 tabs as this crashes the browser. If helpful, use (coloured) tabs on top edge of your monitor (P1, P2 etc.).  I also opened a tab for D1 and D2 in case I wanted to copy something for novelty & inventive step.
• 3a) Add claim headings to your answer as a template, so that you can add things as you figure them out Suggest: DEVICE CLAIMS (also for product, apparatus, system), METHOD CLAIMS (also for process claims), and USE CLAIMS (optimise marks by drafting independent claims in more than one category). Add INDEPENDENT and DEPENDENT under each one. 
• 3b) Add introduction headings to your answer as a template. Suggest PRIOR ART, PROBLEM, DEFINITIONS (for terms used in claims), SUMMARY. Your answer is marked as a whole, so it does not matter if you include something in the "wrong" section. Note that it is not necessary to draft any of the detailed description. The answer template I used is here.
• 4) Optionally, if the Table of Contents links work, define these as Heading3 or Heading4 so you can quickly jump between parts of your answer. (the hyperlinks worked the very first time I used it, but when I went back the clicking did not work anymore).
• 5) Also make a TO DO List on paper for things not to forget. Dont make electronically in answer as this will increase scrolling and gets no marks anyway.
• 6) Prepare to read the applicant's letter. Main goal is to sort information from exam order (applicant's story) into a more logical order for drafting independent and dependent claims. In general, if you see claim-like language of definitions, copy them straight away to your answer. In the combined technology papers, all claim terms are given - you do not need to generalise terms yourself.
• 7) To identify and track essential (for independent claims) and optional features (for dependent claims), you can use several feature/property tables for physical entities and for activities. The goals is not to fill in completely, but just to have somewhere to note the connections - e.g, features/properties with an additional advantage are fall-back positions which will score marks as dependent claims. Properties related to the same object will be in the same claim tree. These tables are based on the EPO Terminology Training Manual. Don't make electronically in answer as this will be slower, will increase scrolling, gets no marks anyway, and you need the overview to be visible as you draft your claims. Use abbreviations. I did not use the preview window when copying into the answer - it takes up too much of the screen.
• 8) If you see claim-like language, copy them straight away to your answer under the most appropriate claim header. It is not so critical as you will sort it later. I also included the paragraph nrs so that I know where everything comes from. You dont need to delete these paragraph nrs before handing in - they will not get marks, but they do not affect the clarity of your answer. 
• 9) Make sure you claim explicitly any products or services mentioned - these always get marks as they are what client wants to protect.
• 10) Draft independent claims by cut/pasting (CTRL-X / V) features between INDEPENDENT and DEPENDENT sections. You need to do this very carefully to avoid losing anything - if in doubt, undo (CTRL-Z). Most marks are for independent claims, so they should be done as quickly as possible. Make sure you include all essential features.

• 11) If you prefer a paper-based system with more freedom, you can note each feature, property, effect/advantage and the paragraph number on a Post-It® note. If you have separate A4/A3 sheets for DEVICE-INDEPENDENT and DEPENDENT, METHOD-INDEPENDENT and DEPENDENT, and USE - INDEPENDENT and DEPENDENT, you can move things around and not lose them. This is a picture after completing a paper - I also add notes such as whether Post-It content is mentioned in D1 or D2. 
• 12) For EACH independent claim - is it novel? Compare to D1 and D2 and write in your answer under NOVELTY at least one feature that is NOT disclosed. If there is any difference in appearance, terminology or properties, explain. If it is a species anticipating a genus, explain. If it is related to ranges, explain. This is the most important step in Paper A - you will lose 35-50 marks if your independent claims are not novel. Copy sections from the assignment and amend them as needed. Again, I would add paragraph numbers to keep track for yourself of where you found everything. Open the assignment side-by-side preview.
• 13) For EACH independent claim - is it inventive? Write in your answer under INVENTIVE STEP the problem-solution justification. Explain which features of the independent claim achieve the effect. If the feature you need is not in the claim, add it as it is an essential feature. You will be given the effect/advantage - you do not have to come up with something yourself. Copy sections from the applicants letter and amend them as needed. Again, I would add paragraph numbers to keep track for yourself of where you found everything. For some of the novelty and inventive step, it was useful to have the assignment side-by-side preview open as I was writing the argumentation.
• 14) Draft the most important dependent claims (no more than 15 claims in total). If more options, pick the best fall-back positions. Indicate under SUMMARY the claim and the effect/advantage.
• 15) Don't worry about 2-part claims - if you identify distinguishing features under novelty, you will not lose marks. But do include at least 3 - 4 reference numbers in the claims.
• Overall verdict: A is more difficult to do within the same time. There is no possibility to circle/underline anything to come back to it later - you have to make extra notes on a TO DO list. With paper A, you cannot just make one pass and use everything, you have to keep going back. Seven unprintable pages is too much to remember, and I wasted a lot of time switching between tabs. It should be possible to get the independent claims and novelty / inventive step done within the time. But if it is a paper with a lot of embodiments, it will be a real struggle to get more than a couple of dependent claims. There is also a real danger of accidentally missing something when copy/pasting or accidentally deleting something in your answer.
• Updated 27 Jan 21: see post on using digital functionality more during exam.

B

• Extra time given: none (still 3.5 hrs) - one part
• Pre-print: application drawings, prior art (here 2 docs => 4 pages)
• Only on screen: description + claims as filed (here 4 + 1 pages), communication (here 2 pages), letter from client & proposed claims (here 2 pages)
• 1) Open five tabs for a) description as filed (4 pages) b) claims as filed (1 page) c) communication (2 pages) e) clients letter (1 page) f) clients proposed claims. Optionally, one tab for each prior art (here D1, D2, D3). Optionally 1 tab for each page of description. Do NOT open more than 10 tabs as this crashes the browser. If helpful, use (coloured) tabs on top edge of your monitor (Desc, Claims, Comm, Letter, Client Claims etc.).  I also opened a tab for D1, D2 & D3 in case I wanted to copy something for novelty & inventive step.
• 2a) Add headings to your answer as a template, so that you can add things as you figure them out Suggest: CLAIMS AS AMENDED (claims as filed showing amendments), AMENDMENTS (explaining amendments and A.123(2) support), NOVELTY, INVENTIVE STEP, OTHER OBJECTIONS. 
• 2b) Optionally, add a heading to top of answer CLAIMS AS FILED, and copy in the claims as filed from the assignment tab. CTR-SHIFT-V pastes without formatting, so need to split back into separate lines. Double check that they are complete. I did this to have a reference copy in my answer, so that I can check what has been amended in the claims as amended set. There is no need to delete this set before handing in -  no marks are awarded for it, but it does not affect the clarity of the answer - that is based on the claims as amended. The answer template I used is here.
• 3a) Copy the claims as filed under the CLAIMS AS AMENDED heading, either from the assignment tab or optionally from the top part of your answer. As amendments are made, indicate additions using bold/underline CTRL-B, U. No "strikethrough" is possible in the answer tab - (28/1/21: EPO posts that [xxx] be used to indicate text deleted). It will be clarified in support argumentation what is being deleted. so this is mainly to keep track yourself. 
• 3b) Optionally, it is possible to use the client claims, and to copy them from the assignment tab under the CLAIMS AS AMENDED. These claims are very close to the intended solution, so it may be more efficient, but you will also have to undo some of the proposed amendments and they have no legal status - support must be provided for amendments with respect to the claims as filed.
• 4) Optionally, if the Table of Contents links work, define these as Heading3 or Heading4 so you can quickly jump between parts of your answer. (the hyperlinks worked the very first time I used it, but when I went back the clicking did not work anymore).
• 5) Also make a TO DO List on paper for things not to forget. Dont make electronically in answer as this will increase scrolling and gets no marks anyway.
• 6) Read communication from examiner. For each objection, select it to save your place on the screen, and read the relevant claim as filed. All objections must be addressed by amendment or argumentation. As this is the "amendment paper", there are  no marks for just argumentation - they want to see amendment and argumentation. In general, the examiner will not make a factual error.  You should also identify any reasoning given why a feature is considered disclosed. Expect that the independent claims are not novel and all other dependent claims are not inventive - there will not be a quick solution using a dependent claim that the examiner considers patentable. 
• 7) Mark in D1, D2 and D3 the relevant passages cited in the communication, the claim number and optionally the feature. Note on TO DO list the unusual objections such as clarity, missing essential features or claims not being concise. Other less frequent issues are non-unity, no support in description, unsearchable claims.
• 8) Read letter from client. The client is the technical expert, so they can propose the direction to go in. It is their business, so they can indicate alternatives or embodiments that can be abandoned. Paper B is designed such that you should follow closely the instructions of the client. But they are not a patent attorney, so their proposals extend under A.123(2) and/or have clarity issues. Only add claims if this is clearly indicated or heavily hinted at.
• 9) Read description as filed, comparing it to the clients claims. In particular, look for A.123(2) or clarity issues and how to solve them. You are trying to use the clients claims where possible.
• 10) Prepare a first draft of the independent claims under CLAIMS AS AMENDED with your proposed amendments. Explain the support in application as filed for the amendments.  Copy sections from the assignment and amend them as needed. Refer to paragraph numbers as well. This is one of the most important steps in Paper B - there are a lot of marks for this.
• 11) For EACH independent claim - is it novel? Compare to D1, D2 and D3 write in your answer under NOVELTY all the features of the claims that are NOT disclosed. If there is any difference in appearance, terminology or properties, explain. If it is a species anticipating a genus, explain. If it is related to ranges, explain. Copy sections from the assignment and amend them as needed. Again, I would add paragraph numbers to keep track for yourself of where you found everything.

• 13) For EACH independent claim - is it inventive? Write in your answer under INVENTIVE STEP the problem-solution justification. This is one of the most important steps in Paper B - there are a lot of marks for this. Indicate and argue closest prior art. Explain why others are not closest prior art. Explain which features of the independent claim achieve the effect. If the feature you need is not in the claim, add it as it is an essential feature. You will be given the effect/advantage - you do not have to come up with something yourself. Copy sections from the applicants letter and amend them as needed. Refer to paragraph numbers where relevant statements have been found. Explain why inventive  - consider based on Dcl only, Dcl + Dx, Dcl + Dy, Dcl + Dx + Dy. Mention any technical incompatibilities when combining documents. For some of the novelty and inventive step, it was useful to have the assignment side-by-side preview open as I was writing the argumentation.
• 14) Finish the dependent claims. Check amendments of independent claims has not created combinations which were not disclosed in the application as filed. If necessary, change the claim dependencies. Check antecedence if features have been deleted from independent claims. Note any argumentation under OTHER OBJECTIONS.
• 15) Check TO DO list or communication to make sure that all objections have been addressed.
• 16) Check TO DO list or clients letter to make sure that all wishes have been complied with.
• Overall verdict: Very hard to do online - there are so many pages you dont have on paper. You need to compare a lot - claims as filed with application, communication with claims as filed, clients claims with application as filed etc. It is easy to miss something. A lot of clicking on different tabs. 
• But the main thing to remember is that the clients letter and claims are telling you the direction to go in - if you follow that, but not blindly, you may not need to read everything in detail (for example, you do not need to worry about unclaimed subject matter in the application unless the client points it out as important).
• The only way to side-by-side compare is to copy part of the assignment from an assignment tab to the answer tab, open assignment preview, and then delete the copied part - but this is a lot of extra effort which should not be needed. It took me a long time as I had to double check a lot of things. More time would help, but I would prefer to be able to print everything. As a compromise, it would be almost as good to get everything except the claims as filed and the clients claims (2 pages) - the most critical comparison is evaluating A.123(2) support by regularly comparing the claims as amended with the description as filed, including the drawings.
• Also, a simple way should be provided for including an amended set of claims, either based on the claims as filed or the client claims. In real life, the EPO will only accept very minor amendments without such a claim set (GL H-III, 2.2). Preferably, also a quick way to indicate "strikethrough".
• Updated 27 Jan 21: see post on using digital functionality more during exam.

C

• Extra time given: 30 mins (now 6 hrs) - two parts
• Pre-print (1): 1st letter client, application description & drawings, prior art (here 26 pages). 3 pages missing from application (not needed for first part)
• Only on screen (1): selection of claims as filed (here 1/2 page)
• Pre-print (2): 2nd letter client, complete application description & drawings, prior art (here 29 pages).
• Only on screen (2): all claims as filed (here 1 page, including new pages related to 2 pages missing in first part.
• 1) I have not had time to go through this in detail. The only part that is only on screen are the claims as filed - claims 1 to 3 for part 1 and claims 1 to 6 for part 2 (claims 4 to 6 are related to subject matter that was in the missing 3 pages of part 1) - see picture. Open an assignment tab for the missing claims page for each part.

• 2) A key step is to keep track of the claim features in the annexes. For this mock, I just spent 5 minutes in each part copying the claim features to my overview. It was then possible to do the paper just as before. For Paper C, the claims tend to be of about the same similar length.
• 3) The same comments still apply in general to the interface  - it is still slower to have only a preview side-by-side as you are writing argumentation, but if you want to copy something, you need to jump to an assignment tab and scroll there. You should not just be copying large parts of the assignment into your answer - they give marks for argumentation, so you only need short phrases.
• 4) It would be almost as quick to have a document holder to put pages at eye level, to work fully on paper and just type in your answer as you compose it.
• 5) The main challenge is that C answers tend to be many pages, and you often work on the attacks in a non-linear way. So most candidates are used to re-sorting their answers just before handing-in. This is no longer possible, and comparing pages is no longer possible.
• 6a) Add headings to your answer as a template, so that you can add things as you figure them out. Also, answer must comply with EPC for notice, in particular A.99, A.100, R.76 = all relevant info, statement of extent, opposition grounds, evidence, facts and arguments. 
• Suggest: OPPOSITION AGAINST EPxxxxB1 (A1) (for details identifying patent), OPPONENT, DOCUMENTS
• Suggest also PRIORITY (effective dates) - CLAIM 1 / CLAIM2 etc, CLAIM 1 - A.123(2) EXTENSION / NOT NOVEL / NOT INVENTIVE, CLAIM 2 - A.123(2) EXTENSION / NOT NOVEL / NOT INVENTIVE etc. 
• 6b) Your answer is marked as a whole, but for Paper C, it is critically important that it is clear which attack each statement is intended to support. For example, using headings like CLAIM 1 - NOT NOVEL OVER D1, CLAIM 3 - NOT NOVEL OVER D1, CLAIM 5 - NOT NOVEL OVER D1 or NOT NOVEL OVER D1 - CLAIM 1, NOT NOVEL OVER D1 - CLAIM 3, NOT NOVEL OVER D1 - CLAIM 5. The headings can be as long as you want - you can copy/paste within your answer. But if you use a non-linear format, keep track of what you have done and what still needs to be done.
• 6c) Optionally, add a heading to top of answer CLAIMS AS GRANTED, and copy in the claims as filed from the assignment tab. CTR-SHIFT-V pastes without formatting, so need to split back into separate lines. Double check that they are complete. I did this to have a reference copy in my answer, so that I can check what has been amended in the claims as amended set. There is no need to delete this set before handing in -  no marks are awarded for it, but it does not affect the clarity of the answer - that is based on the claims as amended. The answer template I used for Part 1 is here. 
• 7) Optionally, if the Table of Contents links work, define these as Heading3 or Heading4 so you can quickly jump between parts of your answer. (the hyperlinks worked the very first time I used it, but when I went back the clicking did not work anymore).
• 8) Also make a TO DO List on paper for things not to forget. Don't make electronically in answer as this will increase scrolling and gets no marks anyway. I would also note for each claim the possible attacks as you notice them, and cross them off when you are finished.
• Overall verdict: doable within the extra time. The biggest challenge here seems to be dealing with the divided subject matter and a very long answer to which you have only one view. If the Table of Content links worked, that would be very useful here. You don't need full sentences - short bulleted statements are allowed. It is not necessary to sort the attacks in your answer into a more logical order, as long as the context of each statement is completely clear. But you need to keep track of attacks you still need to do.
• Updated 27 Jan 21: see post on using digital functionality more during exam.
• Updated 28 Jan 21: EPO FAQs say that you will be able to print your answer to the first part of paper C during the break. Will have to got to "information on flows" page (see point 6.5 in the user guide) and download your answer before printing it.