Tuesday, March 1, 2022

e-EQE 2022: working digitally and/or on paper during B & C Exam

10 Mar 22: extra comment added about view mode. 6 Mar 22: added highlighting notes from EQE FAQ's. Updated 1 Mar 22: updated with link to DeltaPatents blog. Working digitally has many advantages, but there are still many limitations in WISEflow, and the adaptation of the EQE exams to this format has not yet been completed. 

The B and C Exams are the least adapted to the new format, and it is expected that the style and adaptation of the EQE2022 exams will be similar to those in 2021. I can't think of any other field where you could get away with the excuse that 16 months was not long enough to adapt a professional qualification exam to the exam system that they have chosen. 

For B, you need to combine paper & digital because of the limited documents available for printing. My suggestion is to always print everything available before the exam - don't rely on just digital copies.

My suggestion for C is to either just work on paper, or combine paper & digital. Only working digitally is not a good idea - you are disadvantaging yourself in time, and you lose the ability to compare and make permanent notes. To work exclusively on paper, you just need to carefully copy the claims as granted onto paper, which you will have with you for the rest of the exam (and during the scheduled break).

You have to find your own balance between paper and digital, but the goal remains the same: type-in the most complete answer possible within the time available. Also make sure that you understand the room/technical requirements and know how to avoid FLOWlock Browser crashes.

Type-in the most complete answer possible within the time

  • More than one answer is frequently accepted. This is decided after the exam based upon the actual answers provided. 
  • You can still fail if you are on the right track but don't hand in enough to be marked properly. Don't spend too much time analysing and thinking - hand-in as much as answer as possible, even if you are not sure if it is "correct".
  • Concentrate on completing the parts of the answer as soon as possible which are awarded the most marks (the examiners reports include a marking table). For example in C, write any novelty attacks as soon as you see them.
  • If you are working digitally, it is fine to have a "notes" or "analysis" section in your answer, and to hand-it in. Help you marker by clearly distinguishing between "notes"/"analysis" and your answer to the exam.

Comparison works best on paper

  • FLOWlock does not allow side-by-side viewing of tabs, so you can only click between them. 
  • The exam preview window can be viewed next to the answer tab, but it is very limited in functionality. Some have also had problems with the preview window being blurry.
  • Comparison is key in the B exam: between the claims as filed and the client's proposed claims, between the claims as filed and the application as filed, between the application as filed and the prior art. You get a good idea of the similarities in structure between prior art and the patent by placing the drawings next to each other, which is only possible on paper.
  • Comparison in C is also a time saver: you get a good idea of the similarities in structure between prior art and the patent by placing the drawings next to each other, which is only possible on paper.
  • But be aware that paper is a stepping stone to your typed-in answer - there are no marks for anything on paper.
Digital exam annotations are lost
  • The new highlighting/annotations are greatly improved, but for a split exam such as C, digital annotations in Part 1 are not available in Part 2. For Part 2, the assignments provided are all new digital copies, and there is no access to Part 1.
  • In addition, highlighting and annotating the same exam in different tabs is not recommended. The pdf viewer cannot handle separate instances of the same document simultaneously, so only the highlights/annotations from one of the tabs are saved (locally on the candidate’s PC). Highlights/annotations done on the same assignment opened in further tabs are eventually lost when the tab is closed.
  • See also the explanation here in the DeltaPatents EQE blog
  • You also need to switch from "Annotate" to "View" before you can copy paste form an exam tab. If the text has already been highlighted in "Annotate" mode, you cannot select this highlighted text directly in "View" mode with the mouse - you need to start the selection at un-highlighted text adjacent to where you want to select.
  • From EPO FAQ: You can open the assignment in one tab, annotate and add comments and navigate by clicking in the “Panel“ view in the upper left-hand corner. You can then navigate either via “Thumbnails” view or via the “Outlines” view (if available in the assignment).
Don't try to make your answer look nice
  • You can also highlight and format in your answer to help you navigate in your own answer. But don't waste time just formatting your answer to make it look good. It is the content that gets marks, and the marker understanding the context of each statement correctly. 
  • Use one or two heading styles in your answer (Heading3 or Heading4 are the smallest in font size). Before applying the style, isolate the text to its own paragraph by hitting enter before the text and after (otherwise style is applied to the whole of the current paragraph). The in the assignment thumbnail, select Table of Contents. This will give you info about your answer. Theses headings automatically generate a clickable Table of Contents which quickly jumps you around in your answer.
Keyword search of exam is available
  • You should use the search function, but that only helps in some cases. Often many of the claim terms are found explicitly in the prior art, but sometimes technical synonyms or different forms (plurals, verbs instead of nouns etc.) are used, making searching a little more difficult. The C exam is infamous for hiding definitions in unexpected and artificial places.
Paper annotations are not lost and are continuously available
  • As soon as the documents are printed, you can already start reading.
  • For a split exam, like C, you have all of the Part 1 documents available to use in preparation for Part 2.  Also during the scheduled break. You can also have all your Part 1 documents documents with you during Part 2.
Specific comments for the C Exam
  • Unfortunately, you will not have digital access to your Part 1 answer during Part 2 - you can only print your answer and have it on paper during Part 2. If you do any digital searching in Part 1 or make digital notes on features, you can include it in answer as "notes or background" separate from your answer to Part 1. You will then be able to print them out with your Part 1 answer before starting Part 2.
  • I think the people who did well in 2021 worked exclusively on paper. They started reading as soon as they had everything printed (this is not forbidden by the rules) and probably read through everything again during the scheduled break (again not forbidden by the rules). Because the prior art was not divided at all in 2021, you could prepare extensively for Part 2.
  • We do not know how it will be split this year (hopefully it will be better) but they have suggested it will be very similar to last year. Certainly, any document not directly required at all in Part 1, is likely to be needed in Part 2. You will see straight away in Part 1 if the split is better - if relatively few or much shortened prior art documents are provided in part 1, then they have improved the split.
  • To work exclusively on paper, you just need to carefully copy the claims as granted onto paper, which you will have with you for the rest of the exam (and during the scheduled break).
  • Opposition formal data: you are not allowed to include anything in Part 2 that should have been in Part 1. So, any info that remains the same can be in either part (patent number, opponent, mention that the fee is paid etc). Part 1 will need to at least include a statement on the extent of the opposition, and possibly a summary of the grounds. Have a look at the model solution in the Examiners Report from 2021 - you will see that there are very few marks for the formal opposition data, and not much is required.
  • Write any novelty attacks as soon as you see them. It is better to spend time on a first attack on all the claims than on a third attack on claim 1. Check the closest prior art for each claim, including each dependent one - there is usually at least one trap where the object of the claim changes in a dependent claim.

2 comments:

  1. Thanks so much, Pete! This e-EQE blog-help has become essential reading for EQE candidates :-)

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    1. Thanks for the kind words. I am keeping my fingers crossed for everybody in the coming days :-).

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