Showing posts with label EQE. Show all posts
Showing posts with label EQE. Show all posts

Saturday, September 9, 2023

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.

Monday, June 19, 2023

EQE Equality = Missione Impossibile?

 

“Your mission, Etna, if you accept it, is to pass parts ABC of the European Qualifying Exam within two attempts. Your dreams of success will collide with mind-bending riddles, highly specialized technology and deadly traps, raising the bar beyond reason, year after year. In an entirely foreign language, you must gather the scattered pieces of a <Possible Solution>, which hold the key to your future career. The time given is a fraction of what you would have in real-life. This WISEflow message will crash your computer in five seconds.”

blog.ipappify.de/eqe-equality-missione-impossibile/


Friday, October 28, 2022

Who can afford an in-person EQE ?

By DALL·E, OpenAI
The EPO makes Adminstrative Council documents public to increase transparency. Unfortunately, they do not have older documents. I have made CA/139/08 available here because it provides important background for the many changes made to the EQE during the last years. 

There are a lot of people arguing that we should go back to the in-person exam. But that can only happen if some organisation is willing to organise it and/or pay for the organisation. The EPC is silent about who should bear the costs for the EQE, so it has been a struggle between the EPO and the epi / national offices as the EQE has grown from tens of candidates candidates to a couple of thousand. The system is very dependent on the many people who kindly sacrifice their free time organising / making / marking exams. 

For example, the figures in 2007 were:
"All in all, the cost of the 2007 examination came to EUR 7 167 000.
Of this, EUR 2 681 000 (estimate based on EPO cost levels) was contributed through the working time of professional representatives made available free of charge and EUR 108 000 (estimate based on EPO cost levels) through kind support from national patent offices in the form of premises and staff.
Receipts from fees amounted to EUR 652 000.
The remaining costs totalling EUR 4 378 000 were borne by the EPO."

This was the main reason to introduce the Pre-exam - with the increasing number of resitters in the system, the EPO calculated that their costs would rise to 8 500 000 in 2018

Whether you want it or not, the EQE will change. I have no idea what the current online exams cost, but it must be a lot less than in-person, so it will stay online.
Longer exams do not work online, and there are many countries that have health and safety rules which oppose having to be present for 90 minutes without a bathroom break. So, they have to move to shorter exams.
Also, it is getting harder to find enough volunteers, so they have to move to exams that are less time-intensive to make and less time-intensive to mark. 

Thursday, June 9, 2022

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

Thursday, March 31, 2022

Still struggling with PCT ?

TLDR: the most advanced and comprehensive guide to PCT law & procedure
Welcome to PCT.App !

  • By IP.appify www.pctapp.net/en/pct-app
  • The only self-editable guide to PCT (Patent Cooperation Treaty).
  • Readable on your mobile phone & tablet. It is extensively commented, with many summaries of key issues. The screenshot above is simulated"See Inside" for examples of actual screenshots.
  • Search full-text, and navigate with hyperlinks & cross-references to internal & external resources.
  • Organisation is chronological, mirroring the lives of PCT applications. 130 subjects include overviews and paragraphs from the most relevant provisions. All PCT Articles & Rules are included at least once.
  • Self-editable online using a browser. Freely adapt the references online with your own comments & highlighting, and hide any unwanted parts. For editing & modifying content, we recommend using a larger screen with a mouse & keyboard.
  • No need to transfer notes - legal updates are automatic without disturbing your individual content.
  • Make printable colour pdf's at any time, or use our Print-On-Demand service for color hardcopies.
  • Crucial for daily practice, essential for the EQE (Qualifying Exam for European Patent Attorneys).
  • Also available as a fully-commented black-and-white paper book. Editing and colour hardcopies are only available to online subscribers.

To Do in 2022:

  • Subscribe to PCT.App, the most advanced and comprehensive guide to PCT law & procedure.
  • For lawyerspatent attorneys and formalities officers.
  • Available in English and German.
  • By IP.appify www.pctapp.net/en/pct-app
  • "See Inside" for actual PC and mobile phone screenshots, explanation of the structuresample downloads, the Index and the Detailed Contents lists

Reviews & Recommendations:

Nominee - IPKat Book of 2021 / Yellow Sheet (Nov 21) / Salted Patent (Apr 21)

  • EPC.app and PCT.app helped me a lot in EQE Paper D - I did not even need to annotate it
  • Pete's PCT.APP book saved me on EQE Paper D1
  • I found it to be very good for EQE D exam. The plain language and keyword index made it work for me
  • Being able to edit the contents to how I see fit was a surprisingly easy experience
  • Organising PCT.App by subject in the order that an application would go through PCT gives an intuition that I haven’t found in other materials
  • How convenient to have Till & Pete update your go-to EPC & PCT so they are always up to date
  • Can´t recommend enough for EQE candidates as well as anyone in the profession
  • I always had the material, with my own annotations, available online and as a printed book

© IP.appify GmbH

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

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.

Tuesday, December 21, 2021

EQE 2022 bug fixes, and lessons learned from EQE 2021

During the annual EQE Tutor's meeting on 19 & 20 Oct 2021 (online this year), EQE 2021 was discussed in detail, as well as the expectations of changes to be implemented for EQE 2022. The general approach is to slowly improve the issues: each change needs to be thoroughly tested to make sure improvements work reliably and do not make things worse. I have now tried the updated WISEflow platform and summarised the most important points and tips relevant for EQE 2022 based on the meetings and the experiences from candidates last year.

1. General advice:

  • Watch the EPO’s EQE pages for updates: EPO EQE online page, EQE Notices & Downloads, EQE FAQ's
  • Join the EQE Telegram groups to discuss issues with other candidates: Main group (283 members), Study group (108 members), ABC&PE-claims (167 members), D&PE-legal (137 members) and Marketplace (58 members). The groups are public, and open to any tutors or candidates. A few rules: treat others with respect, no discussion of cheating, no exchange of large sections of copyrighted materials (use of excerpts for study and discussion allowed). During scheduled exams, no discussion of the exam questions or answers. During mocks, no restrictions.
  • WISEflow and LockDown browser provide limited possibilities compared to daily online working, so practice as much as possible with them.
  • Do as many mocks as possible, even if you have not had any problems before. If short on time, at least do the initial part where the photos are taken and the flow is started. 
  • Practice using the External references, and decide beforehand what will be faster to look up on paper, and what will be faster online. 
  • Maximise your typing speed by taking an online typing course and using a comfortable keyboard / mouse. Become less dependent on answering on paper.
2. General IT advice = avoid issues
  • Although helpdesk will be available and there are possibilities for complaints and even appeal, any issues during an exam will cause at least 20 minutes to be lost, and there is a minimum amount for marking that you must hand-in to be awarded a pass. So, it is better to avoid issues as much as possible.
  • Lockdown browser is designed differently to other apps - it is not designed for stability, but to continuously monitor and to crash when something suspicious is detected. On startup, certain applications are closed. During operation, anticipated "forbidden" actions are blocked. But there will always be situations that are unexpected and unanticipated, particularly when running on the many different hardware/software configurations.
  • Software is being continuously updated, so past positive results during mocks do not guarantee that you will have no issues during the exams. 
  • Least chance of 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.
  • Don't use: hardware and apps you do not need, VPN (changes to IP address crashes LockDown Browser), and docking stations/port replicators.
  • Turn off: screensavers, sleep/hibernate functions, scheduled tasks like virus checking and backup, and delay windows updates.
  • Most chance of issues: corporate laptop without administrator access, laptop with an internal and an external camera, intelligent firewalls, or active virus scanners.

 3. Advice about EQE 2022 Exams

  • Expect the 2022 exams to look very similar to the 2021 exams. Making exams takes 2-3 years in total, so the EQE 2022 exams cannot be fully adapted to the online format. It is not easy too split an existing exam into parts. EQE 2021 exams also had this problem - splitting was done by the relevant committee under responsibility of the Examination Board.
  • The version of WISEflow and LockDown Browser available at Christmas 2021 will be the final one.
  • More than one answer is frequently accepted (decided after the exam). But you can still fail if you are an acceptable answer track, and don't hand in enough to be marked. Make sure you hand-in as much as possible. 
  • B exam will be still be difficult because you cannot easily compare - no side-by-side viewing of tabs.
  • C exam will be difficult because of the split into two parts.

4. WISEflow and LockDown improvements for EQE 2022

  • Current version: LockDown Browser 2.07.07 - 18 Dec 21
  • Can now annotate exams when opened in a tab. Comments can be added, text can be highlighted, shapes can be added. These annotations are visible in all tabs where the exam is opened.
  • Opening too many tabs used to longer crash the LockDown Browser. The maximum number of tabs depends on the display size. Now, a warning is generated that tabs must first be closed before new tabs can be opened.
  • Can now apply strikethrough to text in the answer to be handed in.
  • Copy paste seems to me to be improved. However, this is a problem where they do not understand what the cause of the problem is, so it is not certain it will work well on all exams.
  • The invigilation has been integrated into a green hover button/window which remains on top in the answer tab. 
  • Language switching of assignment has been changed to avoid the D1.1 problem in 2021.
  • Side-by-side viewing of tabs is still not possible. Only the exam preview window can be viewed next to the answer tab, which is very limited in functionality.
  • Pre-exam: the three languages have been separated in the questions, but not in the answers.
  • ALT-TAB caused problems last year with crashes after being entered twice. It was stated during the 2022 exams that that it will just have no function. I have not seen any any problems during the mocks. I will try again in the full-function mocks in January.
Click READ MORE for other comments from Tutor's Meeting

Saturday, December 18, 2021

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

Thursday, June 3, 2021

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

EQE 2022 - preparation and top bugs that need to be fixed

Update 21 Jun 21: I have also made some of these points in epi Information 02/21
EQE 2022 has been announced (OJ 2021, A44), and it has been confirmed that the EQE will be online, it may be taken at any suitable location, and WISEflow will be used again. The exams will take place over two weeks: 
  • Tu 08 Mar 22 - D Exam / Th 10 Mar - A Exam
  • Tu 15 Mar 22 - B Exam / Th 17 Mar - C Exam / Fri 18 Mar - Pre-Exam
No details yet on which other software will be used or whether changes will be made in the room and workspace restrictions. But based on EQE 2021, taking an exam is likely to require: 
  • an exam browser, such as LockDown Browser
  • continuous AI-assisted camera and sound invigilation, so you must be visible in the webcam field of view for long periods
  • online invigilation, such as Zendesk

So, EQE 2022 candidates can already plan ahead:

  • Keep an eye on the EPO’s EQE pages for updated details: EPO e-EQE page, EQE Notices & Downloads, EQE FAQ's
    • don't read through all the details from EQE 2021 - much of the info was provisional, a lot is repeated, and it is likely to change or be consolidated
  • At least one mock should be expected in Jan / Feb. Reserve the time and take part - you must use these opportunities to test your system, and to check for individual problems with your hardware/ software
  • Think digital for taking the exam: 
    • a key skill is now typing speed. Take an online typing course and get a comfortable keyboard / mouse
    • become less dependent on paper. Get comfortable reading work documents electronically, especially PDF.
  • Look for resources that support working digitally
    • websites that allow questions to be viewed and answered digitally, such as Practice EQE
    • EPC and PCT books which are digital – a few, like EPC.App and PCT.App can even be annotated digitally and printed. 
  • But be prepared to have your references availableon paper. During EQE 2021, access was provided to the electronic resources on the EPO website only, but it is not yet clear what will be available in 2022.

There were many issues in 2021 with the new exam platform. These are my top bugs that must be fixed for EQE 2022:

  • Digital highlighting of exam pages
    • this was not available at all for exam pages. Some highlighting was possible for the own answer.
    • it is essential when reading off a screen to be able to keep your place, to note things you have used and/or things you need to use
    • candidates should not be wasting their time copying large parts of the exam to their answer just to apply highlighting
  • Copy/paste into the answer without losing formatting
    • copy/paste was possible, but some or all formatting was often lost,
    • this was especially poor with Apple computers
    • candidates should not be wasting their time reformat excerpts
  • Side-by-side previewing of exam pages, allowing correct copy/paste and highlighting
    • copy/paste was only available between different tabs
    • candidates should be able to answer in the same way that they are used to when working digitally
  • Too-limited digital External References during the exam
    • the EPO website was available, with searching
    • this must be extended to include WIPO to avoid every candidate printing out 2000 pages of the PCT Applicant’s Guide
  • Zendesk automatically logging out during the exam
    • candidates had to keep checking every 20 mins and logging back in
    • this should not be necessary.
  • Camera and microphone, once tested, should function throughout the exam
    • many candidates were interrupted by Zendesk during the exam because LockDown Browser had disabled their webcam. the camera tested during startup of LockDown Browser should not be disabled.
    • there should be an automatic warning if the camera and/or microphone is unexpectedly not working

Other improvements needed for EQE 2022:

  • lnclude an optional "digital exam desktop"
    • so that candidates can prepare PDF's and upload them for use during the exam
    • some EPC/PCT books are already digital, and many recommended EPO / WIPO references are only available digitally 
    • allow searchable text of such PDF's, as you have in real-life, for all digital references. Being able to search broadly does not help as much as you think. Only with knowledge can you search quickly and precisely to pick out what you need.
  • Find a more effective way of communicating with candidates than e-mail
    • where follow-up questions can be posted. For example, a forum, Twitter, or Telegram chat groups 
    • be more open about how the exams will be adapted to the platform
  • Provide a technical helpdesk and forum 
    • to solve network and access problems well before the exam
    • especially for company networks and laptops, where candidates will not have Administrator rights.
    • run an early beta test using a large number of external candidates and/or tutors to iron out the bugs
  • Don't make it harder than it needs to be for those with En/Fr/Ge as a 2nd language. 
    • Since 2017, an extra 30 mins was added to each Main Exam so that mainly non-native speakers would have more time. But this is no longer enforced, and it is clear from the 2021 B and C Exams that this time has just been absorbed by more material. 
    • So, have a non-native review team for each exam from the countries who have a good language level, but not the highest. Sorry - no Dutch, Swedish or Danish etc. doing the English :-). They also need to test whether the exams can be made in time.
  • For exams that are split, like the C Exam, subject-matter must be properly separated between parts
    • The length of the current exams can be reduced by removing overlap and repetition. For example: 
      • A Exam: reduce subject-matter, focus mainly on independent claims, and provide less prior art.
      • B Exam is not realistic with client giving you claims. Go back to the old format, reduce subject-matter, only include a few claims, and provide less prior art.
      • C Exam has much repetition in attacks. Include fewer claims, and provide a lot fewer documents.

Wednesday, June 2, 2021

epi online conference - Modernising the EQE - 21 June

8 Jun 21: Forum link added. The epi recently published their discussion paper on proposed changes to the EQE from 2024. See separate post for my comments. It is also possible to post comments on epi -learning on-line forum (open to all).

On 21 June 1300-1600, epi is holding an online conference. We want a broad perspective from all EPC states, so please join and make your opinion heard. Non epi members are also invited to register and participate.

Conference on Modernising the EQE to better test “fitness-to-practise”

21.06.2021

Starts: 21.06.2021   13.00hrs
Ends: 21.06.2021   16.00hrs

Venue

Online conference


Description

Moving to a digital testing environment necessitates adaptation of the EQE but also presents an opportunity to review whether the EQE is testing the skills and knowledge required by the European patent attorney of today. The aim of the conference is to explore how to modernise the EQE to better test whether a candidate is ready to practise as an EPA and to help candidates develop the skills and knowledge needed to practise. During the conference, the following topics will be explored: 

  • the motivation for change 
  • the essential skills and knowledge of an EPA, 
  • modernising the structure and timeline of the examination, and 
  • any impact on national examinations and other national considerations. 


Target group

The conference is aimed at delegates who are involved in training EPAs, including training providers, tutors, mentors and employers as well as those who have an interest in maintaining a high standard of training, including professional organisations and patent offices.


Technical requirements

In order to attend the online conference participants need a computer with an internet browser and a high-speed broadband internet connection. For the conference, epi uses Zoom. Security settings on local Firewalls need to be checked. 

To access to the conference epi sends out a link shortly before the conference.


Registration

Please note that despite the conference participation being free of charge, the section on billing information in the registration form is mandatory. Unfortunately it is not possible for us to remove that section at the moment.


Working language

English


Contact

For further information, please contact Jacqueline  Kalbe: education@patentepi.org


Minimum number of participants

20*
*If the minimum number of participants was not reached by the registration deadline, the seminar will be cancelled. In this case the epi will inform you immediately.


Registration deadline

Registration is open until 14.06.2021. The order of receipt by epi will determine the attendance in case of over-subscription.

(The links below may not work. Alternatively click on link at the bottom of the page or try this one).


 Registration epi member/student

Tuesday, March 2, 2021

e-EQE - Pre-Exam 2021: copy to try yourself, and some technical problems

Today was the e-EQE Pre-Exam. If you want to try yourself, see here for main copy with EN printable parts, and the printable parts in German and in French. Sorry - it is a bit of a mess, but the pages produced by LockDown Browser seem to be a little unpredictable. I also deleted the T/F answers, so you will not be influenced.
The EPO normally makes good copies available in the compendium in the week after the EQE. 

I have not made the paper yet, but check the Telegram groups for some discussions and comments

  • A number found it more difficult than exams of previous years
  • Having DE, EN, FR below each other is not so nice for reading, especially with claim sets and comparing with questions

1. Telegram chat groups

  • The main group has 230 members, for general issues and WISEflow + LockDown Browser + Zendesk issues. The (ABC+PE claims analysis) group has 102 members, the (D+PE legal) group has 97 members, and the summer study group for EQE 2022 preparation already has 57 members.
    • Mainly for students to discuss with others, but also open to any tutors. 
    • If you have just done an exam, only discuss the answers if you can really take it. For most people, it is better not to discuss - you can't change your answer, no-one knows what the marking will be for particular answers (Main Exam) and sometimes more than one Pre-Exam answer is accepted. 
    • Group rules: no discussions of ways to cheat, no exchanges of large sections of copyrighted materials (excerpts, annotated examples, WIPO/EPO docs etc. are allowed), no requesting or sharing of exam materials until after the scheduled end of the last part of that exam, no requesting or sharing of invigilator password.

2. WISEflow, before the exam, after the exam
  • Prior art documents were available 20 minutes before (as promised) 👍
  • Own answers were available about 20 minutes after the scheduled end of the last part (as promised) 👍

3. Technical problems (Several reports of webcam issues)

  • a) Screen partially black due to failure in starting LockDown Browser. Problem seen in Mock1, reported to helpdesk, moved to cable connection instead of WiFi which seemed to help.
    • Contacted the invigilators and managed to enter Browser again using invigilator password after 20 min or so
  • b) Laptop with external monitor and external webcam. All worked fine in the Mocks. Before Pre-Exam, entry photo was no problem. But during exam, contacted by Zendesk and told that his webcam only took black photos. Candidate deactivated laptop camera in device manager, but didn’t help and he got contacted again. Not sure how it was solved
    • it seems likely that LockDown Browser later defaults back to camera selected automatically default in screen to take entry photo
    • some suggested disabling internal webcam in software if you have this setup
    • one tried unplugging USB plug of webcam and this helped

  • c) Laptop with Win 10, external monitor and external webcam, laptop lid closed during exam, all screen savers, lock screens, energy saving modes etc turned off, privacy settings adjusted accordingly and webcam given full access to apps, including desktop apps. During system tests in Wiseflow, Mocks 2 & 3, no apparent problems, 
    • During Pre-Exam, entry photo successful. In Part 2, contacted via zendesk, and told that cam not working correctly. Could not solve issue, allowed to carry on. 30 mins before Part 3, in contact with technical expert => disabled integrated webcam of my laptop, did Part 3 without interruption. In part 4, contacted again as camera sending black photos, i.e. the same problem as before. It seems as if laptop and external webcam is a known problem. => opened lid, but no change. Allowed to complete Part 4.
    • All invigilators very friendly and tried to help.👍 Still it cost a lot of nerves and time.

4. Invigilation

  • Many positive reports that contact was made quickly 👍
  • However sometimes delay (15 mins) when there was a technical issue, or when getting the invigilator password 
  • For refreshing Zendesk chat every 30 minutes, one candidate indicated that a refresh option will be visible on the chat when it can be done

Wednesday, February 24, 2021

e-EQE 2021 Mock3 - Experience & Tips

https://wiseflow.zendesk.com/hc/en-gb/articles/360018952959-Facial-Recognition-automated-proctoring-fact-sheet-
© UNIwise
On 23 Feb Mock3 was held as an extra test mainly for your setup: 
  • 0930-1300 CET ME (B only - not a new paper, but Mock2)
  • 1530-1640 CET - PE (one flow - not a new paper, but Mock1, Mock2)
Mock3 was your last chance to test under close-to-exam conditions. Different to Mock2, was the availability of an increased number of invigilators to help with problems and some monitoring of candidates (this picture is old - it is missing the audio/voice monitoring). See below for my comments on things that seemed new, and notes from the many messages I got before, during and after.

1. Resources (check regularly for updates):

2. Telegram group(s)
  • During and after Mock3, members of the main group exchanged tips, discussed problems in close-to-real time and helped each other. This is a very good way to beta-test software.
  • The main group has 210 members, so the conversations were getting a little chaotic. Ignacio has now added 3 more: a summer study group for EQE 2022 preparation, an (ABC+PE claims analysis) group and a (D+PE legal) group. The main group will be more for general issues, and WISEflow + LockDown Browser + Zendesk issues.
    • Mainly for students to discuss with others, but also open to any tutors. Group rules: no discussions of ways to cheat, no exchanges of large sections of copyrighted materials (excerpts, annotated examples, WIPO/EPO docs etc. are allowed)

3. Hardware / software
  • Some problems may be due to using a company computer where you don't have full admin rights. For example, blocked urls, a missing chat window in Zendesk, changing IP addresses, automatic virus scans, screensavers that cannot be disabled, updates that cannot be disabled.  
    • If you cannot solve the problems, you may have to switch to a personal laptop or PC, and either log on to the company guest network, and/or do the exam from a different location.
  • During Mock3, many candidates had problems with the camera turning off after some time during the exam (entry image and initial testing by LockDown Browser were all done successfully). It is not clear why this happens. The LockDown Browser does not generate an error or warning. It should be detected by the invigilators dashboard - if they have time and it lasts too long, they should contact you to find out.
  • If you notice the camera is off (e.g. LED turns off), report it as soon as possible in Zendesk chat (you likely will not know how long it has been off). 
  • Solution (ME): Refresh Browser (Click on browser "refresh" icon top-left). If this does not work, you may need to exit the LockDown Browser.
  • Solution (PE): For Pre-Exam, LockDown Browser works differently - you will need to enter flow AND invigilator password after a refresh before you can continue. So, you need to wait for instructions from Zendesk if you do not have the invigilator password to refresh.  If this does not work, you may need to exit the LockDown Browser.
4. Invigilation
  • Some confusion about the AI monitoring. Surprisingly, the AI does not automatically generate warnings if you move your face out of view or speak. Your camera and microphone are sampled, and the invigilators have a dashboard (see picture above) with the real time status. For example, the degree of facial recognition is monitored. If one of them is "zero" or "low" (e.g. if you move too much), you should go to the top of the list, and they may contact you. But it depends on how busy they are. 
  • When you hear the "bip" sound, you click on the Zendesk chat tab - there are no pop up messages.
  • Not being contacted does not mean that everything you did was acceptable.
  • After the exam, this data is combined with other inputs to generate a profile. All data collected is used afterwards to determine whether suspicious behaviour is suspected. The AI will generate a list of possible suspicious behaviour, which will be further analysed by people. It is the people who make the decisions.
  • Some confusion about Zendesk. You must start Zendesk chat immediately (via External Resources) after starting Lockdown Browser. It must remain activated for the whole exam.
  • However, if Lockdown Browser crashes, you can open a normal browser (Chrome etc) window, go to epo.zendesk.com and login instead. Once you restart Lockdown Browser, you need to activate the Zendesk chat again.
  • More invigilators were available compared to Mock2, and some people chatted with them. They also attempted to solve hardware/software problems with others. People asking for the invigilator password had to typically wait 20 - 30 mins. 
    • during the exam, there will be more invigilators available
    • after 30 mins, any active chat automatically timed-out
  • You can email a transcript of your Zendesk chat (before end of exam and before time-out) by clicking on three dots on bottom right and entering your email address. It gives you a full timestamped history. 
    • But if you or the invigilator leave the chat, then the next contact will create a new transcript which has to be requested separately
CLICK BELOW FOR MORE

Saturday, February 20, 2021

e-EQE 2021: Code of Conduct and creating your own evidence

Updated 26 Feb 21
Updated 23 Feb 21 after Mock 3
Updated 21 Feb with comment on software under ItC 14 and ItC 32.
Fri 19 Feb, EPO published the updated Instructions to Candidates (OJEPO Feb 21), and a related Code of Conduct (19 Feb 21) on the official EQE page. All candidates need to read the latest version

  • ItC 43 is an End User Agreement where you implicitly confirm agreement by taking an exam
  • It seems likely that you will need to explicitly accept them as well before the exam (like the UK PEB exams)
  • Also read the Data Protection Statement (v2 - undated), on the same 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 (Apr 19) which is on the Data protection & privacy page. 
    • In general, personal data is deleted max. 30 months (2.5 years) after exam, or after appeal. 
    • Chat content is retained for 120 days (4 months), 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).
General comments
  • 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 these 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.
    • 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 36, 37) and compared to other candidates (approx. 1000 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 Zendesk 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 25), and mostly occupied with major issues and emergencies (which includes being unable to do the exam because the Browser is locked). So, if you are not contacted by an invigilator, that does not mean that no issues were detected by the system. 
Measures you can take to create evidence 
  • 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. By complying with all the rules, you are the only witness. 
  • You will forget a lot of details because of the stress, and it may be several week before you are contacted. So, put yourself in the best position to support 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.
  • Comply with the spirit and letter of all the regulations and instructions, before during and after the exam. Even if you think them trivial. 
  • Report any issues or conflicts with regulations BEFORE the exam, prepare alternative solutions, and test your system as much as possible.
  • Keep your mentor updated on all the problems, and make sure they know the exact circumstances you are taking the exam. Preferably, they should also see it, 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 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. Pictures are also possible, but a video is stronger. If possible, include a witness or get someone else to film you. It should only take 5 - 10 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, note the name on paper.
    • Tip from candidate: you can email a transcript of your Zendesk chat (before end of exam) by clicking on three dots on bottom right and entering your email address. It gives you a full timestamped history. But if you or the invigilator leave the chat, then the next contact will create a new transcript which has to be requested separately.
  • AFTER the exam, report any issues that happened during the exam as soon as possible. 
  • 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. 
  • Optionally, you may want to timestamp the files using a third party. Use the same facilities to create proof as for copyright, trade secrets and rights of continued use against patent infringement: 
    • Create a SHA-2 hash fingerprint yourself using truetimestamp.org. They have their own register of certificates (free)
    • WIPO Proof - store the files yourself unaltered, no file size limit, create and register a digital fingerprint, store the fingerprint yourself (20 CHF) 
    • 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 (EUR 40)
  • DON'T send the helpdesk all your videos and files.
  • If something did happen, consider requesting a copy of the data they collected as described above (although it can take up to 3 months)
  • 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.
CLICK BELOW FOR MORE (comments on Instructions and Code of Conduct)

Friday, February 19, 2021

e-EQE 2021: Mock2 - D2 Exam - My methodology & solution

Update 26 Feb 22: epi link updated.
Thanks to epi for the Mock2 exams and model solutions - they may not be perfect, but I know how much work it is to make these materials.
  • During my first attempt at an e-EQE D2 in Mock1, I tried it mainly on paper. This time, for Mock2, I tried to use the copy/paste much more: for all the things I normally highlight, I just copied the whole paragraphs to the top of my answer instead. I also copy/pasted parts of the answer that were similar in structure and wording.
  • My answer was made in Wordpad, which is similar to the Lockdown Browser answer tab. It is a mess, but that is what a real answer looks like 😊. 
  • I also did not finish in the allotted time, but I was also looking at the Methodology. The EQE 2021 D2 will be shorter than this.
General tips on D2
  • See here for a presentation about how to approach D2
  • D2 is the most open-ended part of EQE: there is a "golden" solution they are looking for, but very few candidates find it, and it is not required for high marks
    • the marks per question are not given because they decide after the exam what the weighting should be based on how the exam was made
    • if few get to the end, then they give more marks for the situation-as-is. You cannot predict this when doing it, so push yourself to get as far as possible - there are a lot of marks for improving the clients position.
  • It is normal to have no idea of the answer when you start D2. Just work through the info as quickly as possible - once you know the patentability of all the claims (and unclaimed subject matter), it will start to fall into place.
  • Your answer is marked as a whole, so it does not matter where you answer the questions. But make sure you answer them - that is where the marks are.
    • They have a marking sheet of statements that they want to see. This marking sheet is the basis for the answer in the Examiners' Report = minimum needed for full marks. Typically it is about 1 mark per sentence.
  • There are no negative marks - you just lose time by going into great detail about "side-issues"
  • Anything you add to the facts given by applying knowledge is ANALYSIS and worth marks. Always include in your answer - if not sure where to put it, put under Initial Analysis
  • They like to ask about non-written disclosures. You need to deal with them like you would in opposition, not examination.
  • On D2, you need to have a solid analysis of: what will happen to the applications, validity of priority, which claims are novel and inventive, and what will be granted. That part should be same for most candidates. 
  • Then translate it to the business world of the client - "you cannot make X because it is a species of  etc.". Address the client like a real client - "EP1 when granted and validated will give no protection in the US". Explain your reasoning - that gets marks.
    • You do not need to explain legal terms like prior right, genus/species etc, A.54(2) prior art, A.54(3) art, A.123(2) extension. 
  • Then identify the improvements that you can make - that will vary as not everyone will see everything. But you get marks for explaining what each piece is, and what it can do for the client. Explain your reasoning - that gets marks.
  • Then you try and use the pieces to improve the clients business and/or attack any competitors - for marks, it does not matter exactly what you suggest. Some options may be equivalent in this case. Explain your reasoning - that gets marks.
  • Even if your solution is not optimal, you will still get good marks. Don't waste a lot of time thinking the best strategy - make sure you write down at least one strategy. Unless otherwise stated, you have unlimited resources:
    • I suggest filing 99 divisionals today because .... 
    • You are infringing in BE - stop production immediately because ....
  • If in doubt about subsequent filings, file one or more PCT applications  
  • 1) Open each page (expected 3 - 5 pages) in a separate tab for extracting dates to timelines, key facts for overviews and copying important paragraphs with key words or phrases.
    • If helpful, use (coloured) tabs on top edge of your monitor (P1, P2, P3/Questions). 
    • Do NOT open more than 10 tabs as this crashes the browser.
  • 2) Read questions first in last tab so that you know what you need to address in your answer. You are looking for clues to key legal issues, key rights, important countries, and main competitors. 
  • 3) Copy questions into answer to ensure you answer each question (marks are frequently lost on D2 by not answering the questions) and each part of question. Be explicit about products, countries and parties. I made them red so they would stand out.
  • 4) Make a TO DO List on paper for things not to forget. I also made a section at the top of my answer - when I read something unusual, or I did not know what to do with, I copied the paragraph number and that sentence (or the whole paragraph) to the top of my answer (don't make it nicer than it needs to be)
  • 5) Add header INITIAL ANALYSIS to answer. Put in here any legal analysis made while considering facts from exam as that will get marks - for example, filings outside 12m priority year, likely publication dates (18m), legal status of applications, period for remedies expired etc. Answer is marked as a whole, so it is not necessary to have arguments fully grouped together. Don't go into great details speculating as you do not know what is relevant. These are pieces that you will need later, but you do not know exactly where they should go.
  • 6) Read in assignment tab as this allows temporary selection of text so that you do not lose your place when copying facts/dates between screen and paper. Read each paragraph, sentence by sentence - note dates in a timeline or timeline-table. Also make a note of relevant facts either in your answer or on paper. These are just notes - note paragraph numbers so you can go back for details.
CLICK BELOW FOR MORE DETAILS (including comments on epi solution)