Monday, February 28, 2022

e-EQE 2022: Take Simple Calendars on Paper to Exam

I was not planning to post this so close to the exam, but I have been getting a lot of questions about Calendars. You only need to know the EPO closing days, but you need the weekends on paper. I have also made some calendars you can use - as pdf (in English) or as Excel (so you can edit yourself or change language). Also includes comments on calculating time limits and when closing day extensions are to be used.

Time limits at the e-EQE (Main Exam and Pre-Exam)

  • Calendars are no longer provided because the EPO closing days are available online during the exam. But there is no change compared to previous exams how questions are asked where time limits need to be calculated. You are only expected to know the EPO closing days based on the relevant OJEPO notices (usually once or twice per year). This was confirmed in the EQE info session of 8 Feb 2022. 
  • For EQE 2022, you need to know the weekends and closing days for EPO offices in 2020, 2021 and 2022. The relevant OJEPO's are: 2020 in OJ 2020, A56 (22 May 20) and OJ 2019, A97; 2021 in OJ 2021, A4; 2022 in OJ 2021, A85. Although these OJEPO's are available online, there is no digital calendar to figure out weekends, and you cannot use one on your computer (or phone) during the exam. So, you need them on paper.
  • Each national office and the IB have their own closing days - you are NOT EXPECTED to know these during the EQE, but you can assume that these offices are also closed in the weekend. If it is critical to answer a question, they will give you the details in the question. 
  • If they expect you to take into account a disruption, like COVID or a hurricane, they will give you all the facts that you need. They want to test whether you know the relevant law and know how to apply the law to those facts - they are not interesting in testing whether you can find such facts.
  • It is useful to have examples of such a disruptions as an overview of possible EPC and PCT remedies. For example, OJ 2020, A120 describes remedies when electronic communication is not available. For example, OJ 2020, A123 describes remedies when a disruption, such as COVID, occurs.

Avoid calculation mistakes
  • Every year, candidates lose many marks because of avoidable mistakes in time limit calculations. A wrong calculation can lead to missed marks or lead to time being wasted on irrelevant details. 
  • Under the stress of the exam, don't rely on your fingers or in your head - count the days/months on the Calendar. Always double check any critical calculations. Common mistakes include: 
    • converting the written form of months in questions to the wrong month number. Mistakes are often made with June, July and August, for example (months 6, 7 and 8).
    • assuming that every month has days 29, 30 and 31 (even February). If the "last day of the period" ends on a day that does not exist, it is shifted to the real last day of that month - R. 131(4) EPC and R. 80. 1 PCT.
    • using the calendar for the wrong year (for example, 2020 instead of 2022).
    • ending a period calculation in the wrong year. This is usually with the time limits longer than 12 months. Double check, or break the calculation down into smaller steps, for example: 
      • 0 (priority) + 12m = 12m for end of priority year
      • 12m + 6m = 18m for publication
      • 18m + 12m = 30m for most national entries
      • 30m + 1m = 31m for EP entry

Sunday, February 6, 2022

e-EQE 2022: Room/Technical Requirements and Creating Evidence

EQE2021: David x
Updated 10 Mar 22: clarify that you need to print before starting FLOWlock Browser. See comments in blue for important points from EPO info session on 8 Feb 22. The list is also found in the Comments section below. Updated 7 Feb 22 to add note about requesting more time after an issue and updated FAQs. Updated 6 Feb 2022 to correct web pages.
On Fri 4 Feb, EPO published an updated Instructions to Candidates on the official EQE online page (OJ 2022, A20). These include updated Room and Technical Requirements. The official EQE FAQ page has also been updated.
On the official EQE Notices & Downloads page, there is a related Code of Conduct (19 Feb 21 - not yet updated). On the official EQE online page, there is also an EQE Data Protection Statement (updated 8 Dec 2021). See below for my comments.

All candidates need to read these (don't just rely on me 😉), especially the updated ItC. Comply with the spirit and letter of all the regulations and instructions, before during and after the exam, even if you think them trivial. If you are worried about compliance with any of these requirements, or you have medical issues that conflict, try to solve them yourself as much as possible, then contact the helpdesk@eqe.org before the exam. Your goal should be to prevent problems as much as possible - see separate post. It is recommended to make a checklist for yourself, like this one from Adam Hope, and print out the ItC to keep with you during the exam on your desk. I have also made a schedule with the timings and main actions for each EQE2022 exam.

1. Environment (Feb 21)
  • ItC IV.4 - New deadline: log-in 60 mins BEFORE the first flow on each exam day. 
    • Recommended - this will give you extra time to sort out any problems before the exam, and to prepare your room and desk. It is also a safety margin if you have to travel to take the exam. After clicking on the correct exam flow, you enter the flow page, where you can print any documents and start the FLOWlock Browser.
  • Print BEFORE starting the FLOWlock Browser: 10 minutes before the start of the exam, any printable documents will appear on the flow page. Click on the refresh icon (clockwise arrow) or press F5 to see them. 
  • Early camera check: It is possible to start the FLOWlock/LockDown Browser in the flow page up to 60 minutes before the exam to test your camera and microphone by performing the ID check. If you do not need to print, you can just stay in the Browser, waiting for the exam to start. 
    • If you need to print using that computer, you must exit the Browser, restart your internet browser, log back in to WISEflow, and enter the flow page again. You will also need to perform the ID check again whey you restart the FLOWlock Browser.
    • It is also possible to print using a second computer logged into WISEflow, but this second computer must be turned off and out of reach during the exam.
  • No email with hyperlink will be sent to start exam this year. Candidates have to log in to WISEflow themselves.
  • ItC V.4, 6 - During the exam, you need to stay in front of the camera - in other words, keep your face and ears within camera view, and don't talk or make noises. Not covered by caps, scarves, sunglasses, other body parts, etc. Eyeglasses with clear lenses are permitted but only where used as vision aids. 
  • ItC V.2 - invigilators may perform checks to inspect your examination environment
  • ItC II.2 and IV.9 - The room needs to be quiet and well-lit for the invigilation. 
  • ItC II.2 and IV.12 - Room doors must remain closed during the examination. You must be alone, no other person (or animal) is allowed to be in or enter the room. 
  • Put a Do Not Disturb notice on the door. If someone comes in by accident, send them out immediately - type a short comment in the chat widget, and report it in detail after the exam. Our Do Not Disturb notices also include full schedules for the exams, including the breaks.
  • ItC II.3 - Cover any see-through wall or door in the room through which another person might be able to see your screen 
    • Paper, card or opaque plastic may be used on the inside (see the picture above)
  • ItC II.3, 4 - To ensure correct facial registration, any window, mirror or other shiny or glossy surface or parts of these which are located behind you (i.e. facing the screen) must be covered. There must not be any light source pointed at the camera from behind you to keep the image clean. The background behind you in the image must not have any portraits with faces visible to the camera. Bookshelves behind your head during invigilation is not a problem. They don't need to be covered.
  • ItC II.5 - Listening to the radio or playing any other sound or music is not allowed. 
  • ItC IV.11 - Apart from the computer system (screen, keyboard, mouse, etc.), router and printer needed to take the examination, no other electronic devices (e.g. calculators, digital watches, smartphones and smartwatches) are permitted unless explicitly allowed by the Examination Secretariat in advance.
    • ItC IV.9 - no prohibited equipment may be "within reach". In other words, not within reach when you are sitting in front of the camera, keeping your face and ears within camera view.
    • Prohibited equipment may remain in the room if it is turned off and completely out of reach.
  • ItC II.7 and IV. 4 - You may use any printed materials, e.g. books, and any documents you consider useful for answering the examination papers. Prepare your desk before the exam.
    • Don't put posters on the wall that you wish to refer to. Looking at them could be considered a "suspicious look" - ItC VI.3.
    • Everything needs to be within reach without moving out of range of the camera.
  • ItC II.6 - Food, drink and medications are allowed. Standard, non-electric/non-electronic desk accessories are allowed (notepaper, pens, pencils, etc.).
  • Calendars are no longer provided with the exam. It is assumed that you either access the overviews of closed days published (once or twice per year) in the OJEPO during the exam, or print them yourself before the exam.
  • Answers to an earlier exam part written in a later exam part will not be marked.
  • Copy/pasting sections from legal references give no marks. It is considered equivalent to just including a reference. You are awarded marks for applying the law.
2. Hardware / Software (Feb 22)
  • It is strongly advised NOT to do exam from office using a company computer on a company network
  • ItC III.1 - read latest technical recommendations on official WISEflow page (epo-wiseflow.ladesk.com/772936- Lockdown-computer-recommendations). iPads may not be used. 
  • ItC IV.2, 3 - ensure WISEflow and LockDown (FLOWlock) browser are up to date. 
  • New requirement: you must verify the software at least once in the morning BEFORE each exam. 
    • To verify: after logging-in to WISEflow, click on the drop down menu next to your name and select "Edit profile" and "Test Browser". This will start the FLOWlock / LockDown Browser, and check that it is up to date. 
  • ItC II.4(a), IV.7 and IV.10 - The microphone must capture the sound around you and must be connected and active throughout the examination. Audio verification is required before you can access the flow. 
  • ItC II.4(b) - The camera should be positioned centred above or below the frame of the active monitor, but not more than 5 cm away from it. The camera is to be oriented to show a frontal portrait image of you when you are looking at the screen. It must not be covered at any time. 
  • ITC II.4(c) - Speaker settings must be adjusted so that sounds from the internet browser are audible and left on for the whole exam. Internal laptop speakers are fine if they are loud enough.
    • Invigilators can "beep" to get your attention through the chat widget, even if you are not on the first (editor) tab. 
  • ItC IV.5 - print as soon as parts are available. Refresh the page before launching FLOWlock Browser.
    • After opening the flow, refresh the internet browser page to see when the printable files become available. Use the REFRESH icon or F5.
  • ItC IV.11 - You are not allowed to use earphones, headsets or other, non-electronic noise-cancelling devices, such as earplugs. 
  • ItC II.5, 6 - Candidates are not allowed to use shortcuts (ALT+TAB, CTRL+P or similar), key combinations and touchpad gestures, except Ctrl+C, CTRL+V, CTRL+Shift+V, CTRL+F (and the corresponding Mac shortcuts)
    • these are the only shortcuts guaranteed not to crash the LockDown (FLOWlock) browser. This is a very safe list. See separate post for shortcuts that I have tested, but be aware that the sensitivity of each computer can be different. You need to determine yourself the degree of risk that you are willing to take. Mechanically blocking ALT and WINKEY should be considered to prevent accidents.
3. Create Your Own Evidence
  • Disclaimer: these are my general impressions, and will not cover all individual cases. I am not a lawyer, and this is not legal advice. If you are worried, then talk to your mentor or contact helpdesk@eqe.org
  • The intention of the rules is to provide a framework to sanction anyone who seriously breaches the rules or tries to cheat. If you do your best to comply with the spirit and letter of all the regulations and instructions, there should be no problems. AI proctoring is used together with people, so unexpected issues can be dealt with using common sense.
  • Last year, they were more flexible with rules, but they have more experience and they will be stricter. No unscheduled breaks during Pre-Exam, D1-1, and D1-2. In other parts, no breaks until 45 mins. Max. 3 mins for unscheduled breaks.
  • You can be asked by invigilators at any time to make a room scan with your camera. It will not be asked as a standard step for all candidates.
  • But different to in-person exams, potentially suspicious behaviour will be flagged by AI software. All the audio / visual / computer / network / keyboard / mouse inputs from each candidate are analysed after the exam (ItC VI.2, 3) and compared to other candidates (in 2021, approx. 1000 candidates for PE and approx. 2400 for some Main Exams). Decisions are not taken solely on these flags - the flags and the data collected will always be reviewed by the responsible EPO/epi members and they will contact you first. They also have your answers, how you answered, the speed and order of answering, and chat interactions for analysis and comparison.
  • And different to in-person exams, if you accidentally breach an instruction, you may not be warned. The invigilators can see real-time some of the data, but they will mainly be using video and audio (ItC V.2), and probably occupied with major issues and individual emergencies. So, if you are not contacted by an invigilator, that does not mean that no issues were detected by the system.
  • Read the EQE Data Protection Statement (version "_LS" - 08 Dec 21) on the official EQE online page, so you know who is retaining what data, and your right to access, rectify, erase and receive your personal data, as well as restrict its processing or object to the same. 
    • Reference is made to the EPO Guidelines for Protection of Personal Data. I could find them last year, but they seem to have been replaced by an amended EPO web page: Data protection & privacy. I cannot find the Article 13 & 14 being referred to in the EQE Data Protection Statement.
  • In general, personal data is deleted max. 30 months (2.5 years) after exam, or after appeal. Facial images, audio and biometric data deleted after 6 months, but if suspected misconduct or appeal, EPO will make a copy and retain for max. 30 months (2.5 years).
    • Consider creating a reminder by filing a PCT application on the day of each exam 😂.
  • You can expect that the rules will be interpreted in good faith, but the evidence being used is based on the data collection and AI. You are likely to be the only witness that you have complied with all the rules, but you do not control the data that is collected. 
  • If you are contacted days, weeks or even months after the exam, you will have forgotten a lot of details. So, put yourself in the best position to defend against being unfairly flagged. But don't go crazy - these are just all tips I could find. At least do something - any evidence is better than none. And hope you don't need it.
  • Report any issues or conflicts with regulations BEFORE the exam. Make PDF copies of the emails.
  • Prepare alternative and back-up solutions, and test your system as much as possible. 
  • Keep your mentor updated on any problems, and make sure they know the exact circumstances you are taking the exam. Preferably, they should also see your environment either in person or by video chat. If the mentor agrees, record the video chat with a time and GPS stamp. Or with photos with time and GPS stamp.
  • Before each exam, before you put your phone away, make a video with time and GPS stamp of the room, desk and computer. Include your point-of-view as you will take the exam, 360 degrees around, up and down. Under the desk, on top of the desk. Behind the monitor. Explain to yourself what everything is, and how they comply with the requirements. Mention anything you removed to comply with the requirements. Also include the ID you will be using. If there are glass walls and windows, show that they are covered. Show where the doors are, and what is on the other side. Still pictures are also possible, but a video is stronger evidence. If possible, include a witness or get someone else to film you. It should only take 5 minutes.
  • Put your phone out of the room (you don't want it to accidentally ring). Preferably, give your phone to someone else to keep during the whole exam. Don't record video and/or audio during the exam as this itself is a breach of the rules.
  • During the exam, if something happens that could be flagged, report it in the invigilator chat and make a note on paper so you don't forget. If you interact with an invigilator, write down the name of the invigilator. Do not close the chat before you have received an answer. You can minimise the window with "-". The chat is present in the editor tab, but it remains active when you are on another tab.
  • If appropriate for the issue, ask politely for more time in the chat. This is technically possible (they did give extra time for everyone for D1-1), but I don't know what the EQE policy is. I have not heard of any EQE2021 requests being granted in individual cases, but it does give them a chance to compensate in some way. Whatever the outcome of the extra time request, focus on the rest of the exam, and finish as much as possible to give them something to mark. 
  • Request a transcript of your chat by clicking on the option BEFORE the chat closes, and entering your email address. It gives you a full timestamped history. 
  • AFTER the exam, report any issues that happened during the exam as soon as possible. They take everything into account, but issues will not always result in extra marks.
  • If have made notes on paper or annotated printed pages, store them safely and scan them in. Store the unedited videos, photos and files somewhere safe. DON'T send the helpdesk your videos, photos and files.
  • Create official evidence using a third party. You should know how to do this for clients when they need to register something confidentially for copyright, trade secret, right of continued use or NDA purposes:  
    • i-DEPOT - upload up to 100MB of one or more files (any format), create and register a certified pdf, BMM retains it for 5 years, you can download a copy of the certified copy. (EUR 40). The certificate is officially recognised as an electronic signature by judges in all 27 EU countries. 
    • WIPO PROOF - store the files yourself unaltered, no file size limit, create and register a digital fingerprint, store and verify the fingerprint yourself (free)
    • truetimestamp.org -  create a SHA-2 hash fingerprint yourself . They have their own register of certificates (free).
  • Consider requesting a copy of the data they collected as described above (although it can take 3 months or more to get it)
  • If you are accused of suspicious behaviour, don't just send all your videos and files and hope for the best. Talk to a colleague or mentor. You will need to respond seriously, offering to supply selected parts of the evidence. Handle it like receiving a "cease and desist" letter.
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Friday, February 4, 2022

e-EQE 2022: Avoiding FLOWlock Browser crashes, and how to get out

William Salinger's proposed use of a shim to block keys
Updated 15 Mar 22 to add blurry assignment preview
Updated 14 Mar 22 to add frozen chat window problem.

Updated 10 Mar 22 to clarify that you must print before starting FLOWlock Browser and added about backup computer.
Updated 9 Mar 22 to specify Refresh icon appearance (clockwise arrow). See comments in blue for important points from EPO info session on 8 Feb 22. Updated 7 Feb 22 with comment about asking for extra time and updated FAQs.
Updated 4 Feb 22 after comments and new Instructions to Candidates (see separate post).
This is an updated post, taking into account the improvements to FLOWlock browser (old name: LockDown Browser) and the experiences during the Mocks. I tried many different ways of crashing the browser to check whether the comments are still valid. The LockDown / FLOWlock Browser version used was 2.0.7.07 - 29 Sep 2021. I have only tested this on my Windows 10 - let me know if anything is missing, particularly for Mac's. 

Before exam:
Hardware / Software
  • Equipment that has worked once well during mocks will almost certainly should work during actual exam. Backup laptop or computer should not be needed
  • Consider a backup system: no problems during mocks is no guarantee that everything will run smoothly. If you are nervous, prepare a backup system (you can also use this to print before the exam - see below). This second computer must be turned off and completely out of reach in the room during the exam. Borrow a computer to which you can have full administrator privileges. The recommended technical specs are very low. Or ask your IT department if they have an old one that they can reset and give you administrator privileges.  
  • FLOWlock browser does not work like normal software - it is continuously trying to crash. Anything it considers suspicious will either be stopped, or will cause the browser to exit. System notifications or pop-up windows can also cause freezing. If in front of browser, you may not be able to click on them. If behind (invisible), you cannot navigate to them using ALT-TAB.  If behind, you also do not know what the cause is. 
  • It is strongly advised NOT to do exam from office using a company computer on a company network
  • Most of the problems with crashing and missing functionality is due to using a company computer or laptop where you don't have full admin rights and you can't disable scheduled tasks or other company tools. For example, critical urls can be blocked, IP addresses can be changed during the exam, virus scans and windows updates can start during the exam, screensavers/hibernation can be triggered by periods of inactivity (eg reading) during the exam. In addition, further restrictions may be imposed by the company network when at your workplace.
    • Better is to buy a refurbished / 2nd-hand used desktop PC for EUR 60-70, and to use that with administrator privileges. The recommended technical specs are very low. Or borrow one from someone else. Or ask your IT department if they have an old one that they can reset windows and give you administrator privileges.  
  • You will have the least chance of technical issues if you use a dedicated desktop with one screen (at least 27 inch), one camera, one microphone, one keyboard, one mouse, one loudspeaker device, one printer, direct wired (USB/HDMI) connections to all peripherals, administrator access, cabled (LAN) access. The chances of problems are further reduced by connecting to a non-company network. 
  • If using a laptop with USB external camera, set it up so that the laptop screen can be turned off and closed (only 1 screen/monitor may be used).
  • Only connect the hardware you need, and exit all software/apps except your normal internet browser. Also those running in the background, like backup software and synchronization programs (onedrive, dropbox etc). For Windows, I recommend creating a new account with adminstrator privileges to be sure that you are only running what you need.
  • Avoid using port replicators and docking stations. FLOWlock Browser disables "suspicious" processes on startup. Some people have had problems starting, and/or disconnection problems. This might be due to using a modern hub with more than one video output. Solution: use a simple USB-hub with only what you need.
  • To test your camera in WISEflow, click on the drop down menu next to your name and select "Edit profile" and Start FLOWlock to start the FLOWlock Browser. In the Assignment Options, click on "Appendix material" and "Manage appendices" to open the "Appendix manager" tab. In the "Appendix manager" tab, click on "New appendix", and then "Take an image". This looks like the "Entry image" screen used before each exam / flow. Unfortunately, there is no microphone test.
  • Avoid VPN. Can lead to slow connections. FLOWlock Browser also cannot handle changes in your IP address.
  • You can set up your phone as a mobile hotspot to use in emergencies, but your phone cannot be within reach during the exam. Your computer has to be set up to automatically switch, or you need to use CTRL-ALT-DELETE to switch manually (see below).
Disabling functions before the exam
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Wednesday, February 2, 2022

Mock Exam: 3 Feb 2022 0930-1700 => last chance to test your setup

Updated 3 Feb 22 during Mock. Thankfully, the technical and functional issues with WISEflow and LockDown Browser are much less than last year. But candidates can still have individual issues due to hardware / software incompatibilities or disabled permissions. 

WISEflow now has a list of computer recommendations, and provides user guides and troubleshooting. Experience form last year is that you will have the least chance of technical issues if you use a dedicated desktop with one screen (at least 27 inch), one camera, one microphone, one keyboard, one mouse, one loudspeaker device, one printer, direct wired (USB/HDMI) connections to all peripherals, administrator access, cabled (LAN) access. The most chance of issues were with a corporate laptop without administrator access, laptop with an internal and an external camera, intelligent firewalls, or active virus scanners.

Use this LAST CHANCE to test your setup to make sure that you will not have any technical issues during the exam, even if you have already participated in an earlier Mock. At least join at the start of the session to run through the ID checks, and participate for an hour or so to check that the webcam and monitoring continue to work. The currently available mock flows will remain open until 6 March 2022, but you will not be able to test on your own with full invigilation.

The Pre-Exam mock will use Pre-exam (2021): Part 3 only. The Main Exam flow will be a single flow with all 2021 exams (A, B, C, D) - you may use any of the papers. 
  • The participant password is: abc
Things to do and to check:

  • Turn off screensavers, sleep/hibernate functions, scheduled tasks like virus checking and backup, and delay windows updates.
  • Printing. As in the real examination the printable parts will be made available approximately 10 mins before the start of the flow (you might have to refresh your browser page).
  • Taking entry images. Hold your valid ID card or passport into the camera, next to your face. 
  • Video and audio surveillance. Try the integrated chat widget (human invigilation will however be very limited). 
  • If you have a technical issue during the mocks, contact the invigilators using the chat widget. If this is not working, these are mocks, so you can also ask in the EQE Telegram Groups for advice. 
    • If you are kicked out and need to get back-in, enter WISEflow and start the flow (Lockdown Browser) and complete the ID check (if necessary). The chat widget appears bottom right before you are asked for participation or administrator passwords. So, you can access it from any computer with an internet browser where LockDown Browser is also installed.
  • The invigilator password was not shared in the e-mail, so you will have to request it from the invigilators if you have technical issues. The invigilator password is needed to enter the flow after the start, or to exit early. There are also other WISEflow functions that can be accessed when instructed by an invigilator, such as saving or printing.
  • Practice using the External references to see if they can be accessed. You should also try to search in the EPO Guidelines using Advanced Search, and navigate to the National Law tables. Browser shortcuts that work on my Win10: SHIFT+LEFT MOUSE (open in new tab), F5 (refresh - or use icon), ALT ← & ALT → (backward & forward - or use icon), SPACE or PAGE DOWN (scroll down), SHIFT+SPACE or PAGE UP (scroll up), HOME & END (top & bottom of page), jump to pdf bookmarks using toolbar icon, CTRL+SCROLL MOUSE (zoom - or use icon, or (i) options), CTRL+A, CTRL+C.
  • Practice opening tabs, copy/pasting into your answer, and searching in the exam. Try not using the computer for 10 minutes to see if your screensaver or sleep/hibernate freezes the system.
  • Test commands and actions that you may need, such as Winkey-SPACE for changing keyboard layout, F5 (or click on Refresh icon), CTRL-ALT-DELETE to allow a different network selection.
  • When you have practiced enough with the exam, you can see whether some of the actions that caused problems last year will still cause you to be kicked out. For example, using ALT-TAB and multiple-finger gestures on a touchpad. 
    • On my system: hitting ALT-TAB ONCE generates a warning that it is an unauthorised action, and if repeated will require the adminstrator password to continue.