Indexed: PCT App. Guides / EPC Guidelines / UP Guide

The latest version of our Indexed WIPO-PCT Applicant's Guides (Jul 23) is now available. Together with our EPO-EPC Guidelines (Mar 23) and Unitary Patent Guide (Apr 22 = still in force), these books are useful as desktop references for daily use and for EQE study.

Our Indexed version improves on the official digital versions by abbreviating index entries, grouping them at the front to allow quick scanning, using page numbers to speed up finding pages, indicating sections with significant changes in the last 3 years, and fully using the page size to give a better overview of paragraphs. Relevant legal citations & references are underlined, making them easier to spot. We have retained the original order and numbering of the sections so they can also be used with any EPC / PCT legal reference, such as EPC.App and PCT.App.

Three editions of each are available in English:

• Study A4 Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting available from Pumbo via www.boekenbestellen.nl.
• Portable A4 Edition - using thinner 50gr "bible paper", which is thinner and lighter available from available from Pumbo via www.boekenbestellen.nl. Note that Printing-On-Demand on such thin paper can sometimes result in minor print quality issues.
• Study Letter Edition - using thicker 90gr paper, which is more suitable for intensive tabbing, annotating and highlighting available internationally from Amazon mainly for orders outside the EU (AU, CA, JP, UK, US). If you are within Europe, please support our highly-recommended printer Pumbo instead of using Amazon👍.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials.

The EPO-EPC Guidelines (EPC-GL) detail the procedures to be followed before the EPO. It covers their standard approach when dealing with direct EP and Euro-PCT applications, based on standard interpretations of the law and established case law. This book DOES NOT contain the EPO Euro-PCT Guide (EPG) or the EPO-PCT Guidelines.
This book also contains the EPO's Unitary Patent Guide (UPG), which outlines how to obtain an EU Unitary Patent. Note that the Unitary Patent is part of the legal syllabus for EQE2024:

"The syllabus of the EQE includes all updates and publications as defined in Rule 22 IPREE as at the syllabus cut-off date (31 October of the year preceding the examination). This includes inter alia, OJ EPO 2022, A41, which sets out the "Implementing Regulations on Unitary Patent Protection" before the EPO"

The WIPO-PCT Applicant's Guides (AG-IP and AG-NP) detail the main requirements and actions to be followed before the International Authorities and Designated / Elected Offices by applicant's.
This book also contains the WIPO Administrative Instructions (AI), detailing how Authorities should apply the PCT Rules, and including an overview of the applicant & office forms, the Request and the Demand Forms.
This book also contains Misc. PCT Info which are the useful overviews and FAQ's found on the WIPO website, such as which offices accept restoration of priority, fee tables, fee discounts, national security provisions and national entry time limits. This book DOES NOT contain the RO Guidelines (RO GL or GL/RO) or ISA/IPEA Guidelines (ISPE GL or GL/ISPE).

For EQE candidates, the EPO-EPC Guidelines and WIPO-PCT Applicant's Guides are considered essential for Pre-Exam and Paper D because most of the legal questions can be answered using the contents. Guidelines & Applicant's Guides are not legal basis themselves, but on Paper D, answers should always be supported by Articles and Rules citations. These versions are the official versions for EQE 2024 Main Exam & Pre-Exam. Note that many legal texts will be available digitally during the exam through WISEflow, including the contents of the EPO website and most parts of the PCT Applicants Guides. If you will rely on these electronic versions, make sure during the mocks that you actually have access because some networks and systems may block these connections.

New e-EQE has major improvements

By DALL·E, OpenAI

The EPO and epi recently published their extensive proposals for the new e-EQE, including mock exams to get a better feel for the changes.

It will be a major improvement for candidates, but it will also depend on how the modules will be made.

IP.appify Blog: New e-EQE has major improvements

Indexed EPO-EPC Guidelines (Mar 22) & Unitary Patent now available to order (EN)

For the order links, see: fireballpatents.com/study-materials

The EPO-EPC Guidelines for Examination detail the procedure to be followed before the EPO. It explains how the EPO implements the EPC, and covers their standard approach when dealing with the direct EP and Euro-PCT applications. These documented practices are based on standard interpretations of the law, internal policies and established case law, and can be used to predict the most likely objections and outcomes in a particular case. 

EPO practices are continuously updated, and once per year, the Guidelines are updated to reflect recent OJEPO's, G-decisions, J-decisions and selected T decisions. These EPO-EPC Guidelines (Mar 22) are expected to be legally valid from 1 Mar 22 to 28 Feb 23. 

We have also included the EPO's Unitary Patent Guide (Apr 22), which outlines how to obtain an EU Unitary Patent. The Unitary Patent is not yet in force, but it is expected to commence in early 2023. 

Our Indexed version improves on the official digital versions by abbreviating index entries, grouping them at the front to allow quick scanning, using page numbers to speed up finding pages, indicating sections with significant changes in the last 3 years, and fully using the page size to give a better overview of paragraphs. Relevant legal citations & references are underlined, making them easier to spot.

This book is suitable as a desktop reference for everyday use by attorneys and administrators. This is the most used reference for real life cases. We have retained the original order and numbering of the sections, so it can also be used with any EPC legal reference, such as EPC.App. 

It is also suitable for anyone studying European Patent Law and exam candidates. Exam candidates need to learn how the Guidelines are organised, what they contain (i.e. mainly EPO procedures, some substantive law) and how to find sections quickly. 

For EQE candidates, the EPO-EPC Guidelines are needed for each exam, and are considered essential for Pre-Exam and Paper D. The Guidelines are not legal basis themselves, but most of the EPC legal questions can be answered using the contents. However, answers should always be supported by Articles and Rules citations. The Mar 22 version is the official version for EQE 2023 Main Exam & Pre-Exam. Note that the Unitary Patent is not yet tested at the EQE.

Three editions in English are available (all have 532 pages):

1. Portable A4 Edition - using thinner 50gr "bible paper" to reduce the thickness to 17mm and the weight to 825g.
2. Study A4 Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting. It is 28mm thick and weighs 1375g.
3. Study Letter Edition - also using thicker paper, but made available through Amazon mainly for orders outside the EU (AU, CA, JP, UK, US). It is 31mm thick and weighs 1550g.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials

EPO as a PCT Authority (31 Oct 21) now available to order

EPO as a PCT Authority collects and organises the implementation details when the EPO operates under PCT It covers PCT filing (RO), search (ISA, SISA), and examination (IPEA) before the EPO. It also covers PCT-Direct, Supplementary PCT Search, regional entry into the European phase (DO/EO), and formalities after EP entry.

It is useful for daily practice by those dealing with the EPO. It also includes references considered essential for EQE exam candidates. 

It includes Indexed Versions of PCT-relevant Guidelines:

• Euro-PCT Guide (EPG) - 1 Jan 21
• EPO-PCT Guidelines (GL/PCT-EPO) - 1 Mar 21
• EPO Guidelines (GL/EPO) – PCT part only (Ch. E-IX) - 1 Mar 21

Our Indexed Versions improves on the official version by grouping the index entries at the front and abbreviating entries to allow quick scanning, using page numbers to speed up getting to the correct page, indicating sections with significant changes in the last 3 years, including the complete official sources, retaining the original paragraph structure and the underlining of the legal citations, and modifying the contents to fully use the page size, giving better overviews of paragraphs.

It also includes:

• Patent Prosecution Highway (PPH) and Validation procedures
• OJEPO Decisions, Fees & Reductions for PCT
• PCT Annexes for EPO as RO / (S)ISA / IPEA / DO-EO
• PCT Applicant Forms & EP Entry Form 1200
• Examples of PCT-related EPO communications

This version reflects the legal status on 31 Oct 21, so it is the official version for EQE 2022 Main Exam & Pre-Exam. See this post for comments on which legal texts to use. Note that answers at the EQE based on EPG and EPO-PCT Guidelines should be supported by EPC Articles, Rules, GL/EPO Guidelines (IPREE R.22) citations.

New this year is the A4-format (210 x 297mm) created by Ignacio Lobato, which reduces the page count. We now offer two versions, both with black and white contents:

1) Portable Edition - 17mm thick, using thinner 50gr "bible paper" to reduce the thickness and the weight to 750gr.

2) Study Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting. It is 26mm thick and weighs 1250 gr.

We have also extended the details on Patent Prosecution Highway (PPH), added translation details to the EPC state overview, and extended the details on validation (including procedural flowcharts). Some of these EPO-specific details have been moved from the PCT Global Reference book.

The National Law & Validation book will no longer be produced. Access to www.epo.org during the exam will be available through External References, and online is the quickest way to find the required up-to-date National Law details. I have also moved the Validation details to EPO as a PCT Authority.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials

Don't print WIPO Applicant's Guide for EQE 2022 - 2150 pages!

Every year, WIPO produces a printable version of the complete PCT Applicants Guide, including annexes for 154 States, specifically for the Pre- and Main Exams. Their 31 Oct 2021 version can be found here. It is 2150 pages and much of it will never be required at the exam. 

Providing a digital version has a low priority for EQE 2022, with resources being concentrated on improving the WISEflow exam interface. As noted in a recent post, online access will only be available to the www.epo.org domain during the exam. NO DIGITAL COPIES of other references will be available, and NO ONLINE ACCESS to other websites will be available. You also CANNOT OPEN any documents on your computer during the exam, so you will still need these PCT details on paper.

For many years, I have been making a cut-down PCT Global Reference to lighten the load and to save a few trees. Based on the syllabus, the Regulations, past papers and comments from Examination Committees, I have limited it to "only" 900 pages. There are also a lot of useful overviews from the WIPO/EPO website that WIPO did not include, so I have added about 300 extra pages, for a net saving of 850 pages. 

The latest edition is now available in two parts, and the links are here with my other study materials. The downloadable version is expected in Jan 2022. There will be two versions of the PCT Global Reference (31 Oct 2021):

• Two 16x23cm books (Part 1 & 2) for ordering. Both parts must be added separately to the basket. They comprise 1300 pages. After printing on thin bible paper, they weigh 1200g together, and are usually delivered in 10-14 days.
• Two A4 files (Part 1 & 2) for download. They comprise 1300 pages and are provided free of charge for own printing. Please distribute to anyone who wants to use them for any non-commercial and unmodified use.

New this year is that I have taken out some of the EPO-specific materials to make room for more coverage of the most frequently used RO's and DO/EO's, and more Practical Advices. These EPO-specific materials have been added to the separate EPO as a PCT Authority book which has been updated to the 31 Oct 21 status. 

The National Law & Validation book will no longer be produced. Access to www.epo.org during the exam will be available through External References, and online is the quickest way to find the required up-to-date National Law details. I have also moved Validation details to the separate EPO as a PCT Authority book which has been updated to the 31 Oct 21 status.

Hopefully, a digital version will be available for EQE 2023, or the syllabus will be officially limited to reduce the number of States that could be asked about.

Indexed EPO-EPC Guidelines (1 Mar 21) now available to order

The EPO-EPC Guidelines for Examination (www.epo.org) covers EPO procedures during filing, search, examination, grant & opposition of EPC applications filed at EPO. Entry of PCT applications into the EP phase is also briefly covered.

This Indexed Version includes the complete official GL/EPO (EPO/EPC Guidelines), which are considered essential for exam candidates, and for professionals dealing with European patent applications in their daily life.

This version is valid from 1 Mar 2021 to 28 Feb 2022. It is the official version for EQE 2022 Main Exam & Pre-Exam. See this post for comments on which legal texts to use.

Note that answers at the EQE based on EPO-EPC Guidelines should be supported by EPC Articles, Rules, GL/EPO Guidelines (IPREE R.22) citations.

Our Indexed Version improves on the official version by:

• grouping the index entries at the front and abbreviating entries to allow quick scanning
• using page numbers to speed up getting to the correct page
• indicating sections with significant changes in the last 3 years
• including the complete official sources, and retaining the original paragraph structure and the underlining of the legal citations
• modifying the contents to fully use the page size, giving better overviews of paragraphs

New this year is the A4-format (210 x 297mm) created by Ignacio Lobato, which reduces the page count from 990 pages to 488. We now offer two versions, both with black and white contents:

1) Portable Edition - 16mm thick, using thinner 50gr "bible paper" to reduce the thickness to 26mm and the weight to 800gr.

2) Study Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting. It is 26mm thick and weighs 1250 gr.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials

Don't print the WIPO Applicant's Guide for EQE 2021 - 2070 pages!

** Updated: 5 Jan 2021 - download versions available**

Every year, WIPO produces a printable version of the complete PCT Applicants Guide, including annexes for 153 States, specifically for the Pre- and Main Exams. The 31 Oct 2020 version can be found here. It is 2070 pages and much of it will never be required at the exam. Hopefully, this is the last one as we transition to an online eEQE 😌. Note - Mock1 eEQE had no digital references. There was a weblink to the EPO EQE FAQs, so technically it is possible.

For many years, I have been making a cut-down version to lighten the load and to save a few trees. Based on the syllabus, the Regulations, past papers and comments from Examination Committees, I have limited it to "only" 800 pages. There are also a lot of useful overviews from the WIPO/EPO website that they did not include, so I have added about 250 extra pages, for a net saving of 1050 pages.   

The new edition is now available as 2 books, and the links are here with my other study materials. The downloadable version was completed on 7 Jan 2021. There will be two versions of the PCT References (31 Oct 2020):

• Order 16x23cm books (2 separate books). Printed on thin bible paper and weighing 1050g, and are usually delivered in 10-14 days.
• Download A4 files (2 separate PDF's). Provided free of charge for own printing. Please distribute to anyone who wants to use them for any non-commercial and unmodified use.

Uniquely, for EQE 2021 Main Exam, they will accept answers based on the 31 Oct 19 editions. So, these older editions are also still available for order or for download. See this blog post for more details on which version to use. 

According to the current EQE rules, only paper references will be allowed at EQE 2021. Hopefully they will make an exception for these PCT annexes. There are still no exact detail on what the exam portal will look like, so be prepared to have everything on paper.

I have also updated the EPO as PCT Authority and National Law & Validation books to the 31 Oct 20 status. 

EQE 2020 officially cancelled, focus on EQE 2021, e-EQE 2022

After much speculation, the EQE Supervisory Board has decided to officially cancel EQE 2020. It was not unexpected - "for the first time in xxxx years, yyyy has been cancelled" has become a frequent headline this year.
The decision is available here as well as a communication providing more details.

Some comments:

• "composed of an equal number of representatives of the EPO and the epi" - stresses that it is a joint EPO/epi exam. That saves me having to comment on many blog comments :-)
• "the nearly 3.000 people that participate and are involved in the organisation of the Exams" - based on last year's figures, approx. 900 Pre-Exam, 1700 Main Exam candidates, 400 organizers/invigilators.
• "actively discussing solutions ... strike the right balance between the legitimate expectations of candidates for the 2020 exams and .... health and safety" - thanks to those involved for considering all the options. It is an extraordinarily complex issue to deal with in difficult times, as they also have to consider the future impact of any decisions.
• "the EPO and the epi need to ensure adequate health and safety conditions" - at the moment, there is no agreement yet on what precaution are adequate, but this should develop in the next months as the lockdowns are eased.
• "the EPO and the epi need to guarantee the same basic conditions for candidates from all EPO member states, i.e. that they can all travel to one of the exam venues" - this seems like a big challenge, but could be eased by having more local exam venues. 
• "the EPO and the epi need to ... avoid jeopardizing the EQE 2021" -  yes, this is a higher priority, and will already require a huge effort.
• ** to see comments above 200, scroll to last comment and click Load more ... **
  

EQE2020 in September (if possible)?

Glad to see that the epi just posted a general update including a note about the postponement, as well as a link to the letter from the epi President to the EPO.
It highlights the desire by the epi to have the EQE go ahead, as well as acknowledging many of the problems that would need to be solved.

"epi letter to the EPO regarding the EQE cancellation
You are no doubt aware that the March EQE session was cancelled, and that it is planned to organise a postponed session in September, if possible. In this regard, the Presidium has decided to send a letter to the President of the EPO, which is published here."

The purpose of the letter was to request the EPO's support so that every possible resource available in the EPO can be used to organise a postponed EQE 2020 - in particular, the finding of suitable locations at suitable dates, the registration of candidates, the invigilation, and above all the marking process. They note that the availability of additional marking capacity among epi members may be limited when the time line is shifted.

It also mentioned:

• ... no firm plans can be made until it is sufficiently certain that the epidemic will be under control, and trusts that every possible option is being explored.
• The ideal situation would be one where the postponed 2020 EQE is organised in such a way that the results are available by end October 2020, in time for the candidates to catch up with the normal timeline. Candidates who failed one or more papers of the main EQE could still register for the 2021 EQE and follow the special trainings for re-sitters. 
• We trust that the Supervisory Board will take all necessary decisions to implement exceptions in order to make that happen. Exceptions one might consider encompass abbreviated registration periods for re-sitters. Another possible exception is to skip the pre-examination. In view of Article 11(7) REE, it would not be necessary to organise a pre-examination, but if one is organised, the candidates who passed the pre­-examination would still have time to register for the 2021 EQE and follow the usual trainings.
• At the same time, the EQE 2021 should be prepared in parallel and should not be put at risk.

Jetzt neu: indizierte EPÜ-Richtlinien des EPA – 1 Nov. 2019 auf Deutsch

Thanks to Dr. Marc Loschonsky for getting this ready - the 1 Nov 2019 version of our Indexed Guidelines is now available to order in German. 

Sorry it is late for EQE 2020 - it is a lot of work to get the first version ready. In future years, we expect it to be ready about the same time as the English version.

See here the comments about using it at EQE 2020.

It is also suitable for daily life, and for those studying for EQE 2021 (Main Exam or Pre-Exam).

It is 3.2cm x 16x23cm pages, 982 pages, 930g, and printed on the thin 50-gr bible paper.

Which version of the EPO and EPO-PCT Guidelines to use for EQE 2020?

** See amended advice here: EQE 2021 - which legal texts to use? ** 

The syllabus is defined in Regulation on EQE (REE) A.13 and IPREE R.2 and R.22 (latest: OJEPO 2019,SE2). R.22 specifies that legal texts valid on 31 Oct in the year before the exam are relevant. This cut-off was intended to simplify EQE preparation, as the new versions of the EPO Guidelines (Guidelines for Examination in the EPO) and the EPO-PCT Guidelines (Guidelines for Search & Examination at EPO as PCT Authority) only enter into force on 1 Nov each year. So the "older" versions, published 18 months before the EQE, are the official ones.
In practice, the choice is more complicated - for your daily work, you need to be familiar with the most up-to-date versions, and preparing for the Pre-Exam and Main Exam are done in consecutive years, meaning that you may have to consider at least three versions. The EPO Guidelines may also be relevant for any paper, not just the legal part.

Option 1: use "older" (official) versions
- the versions valid on 31 Oct 2019, published on 1 Nov 2018.
- this seems straightforward, but OJEPO publications and legal changes between 1 Nov 2018 and 31 Oct 2019 still need to be monitored.
- also look through the changes made in the 1 Nov 2019 "newer" versions, as most of these are based on changes known in early 2019
- this is the version expected by the Examination Committees when a EPO or EPO-PCT Guideline reference is given


Option 2: use "newer" versions
- the versions which will still be valid on 31 Oct 2020, published on 1 Nov 2019 (note that these will be the official versions for EQE 2021).
- OJEPO publications and legal changes between approx. Apr 2019 and 31 Oct 2019 still need to be monitored as not everything may have been amended in the Guidelines. But there is less chance of missing anything.
- this is less preferred by the Examination Committees, but candidates are not penalized for using a newer version (this was confirmed at the Tutor's Meeting in October 2019), but the version (year) should be indicated at least once for each paper.

Conclusion:
- both options can be equally successful. 95% of the Guidelines are unchanged, and if you know them inside out, you will be able to answer most EPC-related questions.
- if you mark up your Guidelines, it is probably makes sense to use option 1 for the Pre-Exam and option 2 (same version) for the Main Exam one year later.

Reference books:
I have Indexed versions available here, which are compact in size, and simplify and speed up finding things. The index also indicates major updates made in the last 3 years:
- Indexed EPO Guidelines - "older" version (1 Nov 2018 - EN) or "newer" version (1 Nov 2019 - EN/DE)
- EPO as PCT Authority - "older" version (1 Oct 2019) or "newer" version (1 Nov 2019)
--- this is a new reference book, which includes indexed versions of the EPO-PCT Guidelines and Euro-PCT Guide (EPG).

Indexed EPO Guidelines (1 Nov 2018) now available to order

The EPO no longer makes the Guidelines available on paper. So you have to print out the 960 pages, and put it into a binder.

My version is printed on 50g A5 paper - a convenient format as a desktop reference, to take to oral proceedings, or to take to the EQE.

Update (17/1/19): the thin paper is noe available for new orders.

On paper, the Guidelines have never been easy to use. This version improves on the official version by:
- providing a single Detailed Table of Contents at the front (instead of per part), to quickly scan the paragraphs
- using page numbers
- indicating sections with a major amendment in the last 3 years

Legal citations & references are underlined, making them easier to spot.

Indexed EPO Guidelines (1 Nov 2017) now available to order

Recently, the EPO announced that it would no longer make the Guidelines for Examination available on paper. Although the electronic version is useful for searching, some people still  prefer to use a paper version, particularly when studying.

My version is available to order as an A5-sized book. It is suitable as a desktop reference for everyday use, or to take to the EQE.

It includes my own 33-page Detailed Contents:

• abbreviated titles for all sections - in almost all cases, a single line, so that you can scan through the contents faster
• the contents for all sections are combined into one section at the front - this makes it easier to scan to find sections you are looking for, without having to first guess which part it might be in 
• both the conventional section numbers and page numbers are given next to each title, speeding up finding the right page
• sections indicated that have undergone a major amendment in the last 3 years, so you can identify possible EQE questions

It is lighter (690g) and smaller (21 x 14 x 2.8cm with 880 pages) than the official paper copy that used to be available. Note that the paper used is thin - 50 gr/m2 - to keep the size and weight low.

In comparison, the Visser book weighs 1220 g and is slightly bigger (24 x 16 3.6 cm with 950 pages).