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.

EQE 2019 - Paper C

I sat the paper under exam conditions in Munich as a bench marker to give the examination committees some materials for their marking discussion. If you want to try the paper yourself, here are the compendium copies in English, French & German.

This paper was much more manageable than last year - it was possible to do some attacks during the reading, and once you had read the documents, it was clear where a lot of the pieces should approximately go. It was a lot of work to finish -  I had to cut my inventive step attacks and explanation down to the key points only. I heard from a couple of people that it was impossible to finish, but they had the feeling that they had done enough to pass (assuming they were on the right track).

The last day of the EQE is hard going, with a tired brain and tired hands from writing. I got up a little late, so I didn't have time to iron my shirt. I got to the exam on time, annoyed that I would have to sit there the whole day in my wrinkled shirt. And then I opened the exam to read all about irons and steam irons 😄. I wonder if it is based on a Philips Electronics case - there was an address in The Netherlands, and Eindhoven was mentioned where I am based.

See below for more comments and possibly some spoilers

EQE 2019 - Paper B

I sat the paper under exam conditions in Munich as a bench marker to give the examination committees some materials for their marking discussion. If you want to try the paper yourself, here are the compendium copies in English, French & German.

Again a mix of mechanical, physical and chemical aspects. Very simple technology - solar cookers. In structure, this felt to me like a chemical paper - I managed to sort the pieces out, but I was not sure exactly what direction to take. Normally, in an EQE paper, most of the issues are clear enough decide using an 80/20 weighting, but here I had several 50:50 issues. Also with the support for the main amendment I took. I also struggled with inventive step. The reactions from others was a little mixed - they were unsure about their answer.

I may not be the best person to judge - I always have problems with paper B😲. I only passed it on my 2nd attempt at the EQE, and for a similar paper as a Dutch patent attorney, I had to take it 3 times.

See below for more comments and possibly some spoilers

EQE 2019 - Paper A

I sat the paper under exam conditions in Munich as a bench marker to give the examination committees some materials for their marking discussion. If you want to try the paper yourself, here are the compendium copies in English, French & German.

The invention, a cell culture container (such as a multi-well plate) is something you could get in real-life to protect: the mechanical aspects need to be claimed, taking into account the chemical and biological aspects. This is a positive aspect of the current combined technologies format (this is the third year) - they prepares candidates who are specialised but have a broad understanding of the main issues when patenting other technical areas.
This is a nice mechanical paper for chemists to practice. The independent device claim emerges very quickly, but there are a lot of refinements for each feature to consider claiming. The mechanical paper issue of getting more than one embodiment under a single claim is included, but the flow of the information is steady and manageable. Very consistent wording used. The mechanical terminology (and understanding) is not difficult. There is a lot of work to do, but the paper does a good job of guiding you to your answer. Other people I talked to had similar comments, and the feeling was generally good.

See below for more details and possibly some spoilers.

EQE 2019 - Paper D

I sat the paper under exam conditions in Munich as a bench marker to give the examination committees some materials for their marking discussion. If you want to try the paper yourself, here are the compendium copies in English, French & German.

I thought it was a very good D paper - the DII had a classical feel with a limited number of issues to deal with, but still a lot of options to think through and to advise about. The technology was very simple to understand, and there were limited dates to fit in your timeline. I may have missed something obvious😉, but I thought the DII was very well constructed. No loose threads or time-killing legal issues - it fits together like some of the older papers. A lot of work to get through, but possible to get  the main parts within the time.
The DI questions had a good mix of familiar legal issues and new ones (new to the exam). Both the DI and DII had some parts that you could spend a lot of time on, but time management is a key skill on all the papers. You need to sometimes to force yourself to stop what you are doing and to move on, even if you feel like you have more to write. A noticeable amount of PCT, but most of the legal issues have either been on the exam before, or are relatively well-documented.

Most of the people I chatted to afterwards were very happy with this paper. Only the time - some overran in DI and some overran in DII. I still had quite a few things I could have written in some parts, but I had to skip them to get further in the paper.

See below for more details and possibly some spoilers.

Possible questions on "recent" legal changes - EQE 2019

The law being tested at EQE 2019 is theoretically the status on 31 Oct 2018 in the year before the exam. Unless specified otherwise, "today" on the exam is the actual day of the exam (25th - 28th Feb 2019), so the law of 31 Oct 2018 should be applied to these situations. In particular, fee amounts valid on this date should be used when specifically required to answer a question.

Make sure your legal references are up-to-date and you are aware of recent changes. See here for my overview of recent releant EPC changes and an overview of recent relevant PCT changes. I have also included my comments about whether a question is likely or not - I have no insider knowledge, it is based on experience with previous exams.

Changes in 2016 are also included as there is usually one DI question (or an aspect of DII), and at least one Pre-exam Legal Question, directed to a "new" subject or a "recent" legal change. As each exam takes up to 2 years to make, these may not seem new or recent to you. For example, in DI 2018, G3/14 was asked for the first time.  The decision by the Enlarged Board in that case was taken on 25 Mar 15, and it was published in the OJ EPO in November 2015.

They also added the EPO PCT Guidelines to the official list of EQE texts  about 2 years ago, so some topics fom here could also be expected. Most of the contents are found in other references, like the Euro-PCT Guide, the standard EPO Guidelines or in OJ EPO notices. Two subjects that are explained here in more detail include:
-- PPH (Patent Prosecution Highway) - E-III, 1 - 3 (See here for a copy of the chapter & a relevant OJ EPO)
-- PCT-Direct - A-IV, 1 and B-IV, 1.2 (See here for a copy of the chapters & a relevant OJ EPO)

So, familiarise yourself with the changes from 2016 and early 2017 as well.

Good luck!

Suggested books & things to take to Main & Pre-Exam - EQE 2019

Note: updated 11 Feb 2019 2110 with new (complete)overviews of EPC & PCT changes

Preparation:
- Check the exam times and plan to arrive early
- Since EQE 2017, an additional 30 minutes has been given for papers A, B, C and D (REE OJ 2019 SE2 - page 41) to help candidates who do not have English, French or German as their mother language. The papers are designed to be made in the official REE duration (e.g. 5 hours for C and D) but an extra 30 minutes is given to make it at the exam (e.g. 5.5 hours for C and D).
- Read through the rules regarding the conduct of the exam (REE OJ 2017 SE2 - page 36-40). See the warning here about possible problems.
- See here what candidates from last year said about the location where you are taking the exam
- Be well rested in the days before the exam - many D candidates sleep badly on Monday night
- Take a suitcase with wheels, and limit the books to ones you have used in the last 6 months of your preparation
- If you need a little help on DII, this presentation provides a basic methodology and some explanation of what they are looking for
- For the D paper, the marks available for DII (used to be 60 marks) may be reduced from EQE 2020 onwards (epi information 4/18 - pages 25). For EQE 2019, it will be unchanged (60 marks), but they are becoming more critical when awarding full marks for the legal citation (legal basis) in DI.
- After doing the papers of 2018, look at the Tutors' Report to help with interpreting the EQE Compendium (epi information 4/18 - pages 26-33)
- For the A & B papers, don't forget to do the Mock A (Examiners' Report) and Mock B (Examiners' Report) for additional practice. There is also a video explaining the philosophy behind the combined technology papers which were given for the first time at EQE 2017.
- If necessary, look here for some tips for reducing anxiety at the exam
- Be prepared to do the exams with a relatively small (possible as small as 60cm x 90cm) space. Normally, you can place books you don't need under the table.
- Look through the EQE Study Guide for other tips

Instructions to Candidates - EQE 2019

The EPO just published the up-to-date version of the Instructions to Candidates, including the restrictions on scissors, and the fact that the announcement before the end of time for the Pre-Exam will be 10 minutes so that you have time to fill out the answer sheet. For the Main Exam papers, it is 5 minutes, so you have time to put the answer pages in order and number them.

• Don't be tempted to keep writing when they announce the end of the exam. If they come to collect your paper and you are still writing, they will not collect it. Even numbering of pages is not acceptable.
• Make a note of the number of pages you hand-in for each Main Exam. They will send you a copy of your answers (unmarked) within a couple of weeks - check then that all the pages you handed in have been copied and are complete.
• If you have use cut and paste for part of your answer, make sure the pieces are well stuck, and there is not excess glue which will cause pages of your answer to get stuck together. When you receive a copy of your answers,check that everything has been scanned properly.
• Take an A4 envelope with you to hand-in your phone - see this earlier post.

Good luck!

The thin paper is available again

Good news - for new orders of my Study Materials, the following will be printed on thin (50g) paper:

• Indexed EPO Guidelines - 21cm x 14cm (A5) - 2.8cm thick - 920 pages - 730g
• PCT Refs for EQE 2019 - Part I - 21cm x 14cm (A5) - 1.5cm thick - 350 pages - 290g
• PCT Refs for EQE 2019 - Part II - 21cm x 14cm (A5) - 2cm thick - 550 pages - 455g
• National Law & Validations - EQE 2019 - 21cm x 14cm (A5) - 1.4cm thick - 430 pages - 355g

My printable National Law Book for EQE2019

For the D paper, it is important to have up-to-date details from the tables, particularly if there is a DI question on the translation requirements after grant, for example.

Unfortunately, the printed version of the National Law book is no longer available from the EPO. The latest version from Oct 2018 (360 pages) is here and can be printed on A4 paper yourself. But, not everyone likes the horizontal tables, and the small font makes it difficult to read if printed on A5 paper.

I have produced an up-to-date printable version - downloadable from my patent firm's website - using the latest information from the EPO website which has a bigger font. Tables I and VIII are irrelevant for the EQE, so leaving them out saves 150 pages. I have added an index, page numbers and included the validation information published in the OJEPO for Morocco, Moldova, Tunisia and Cambodia.
New this year: headers on each page indicating the table shown, better formatting, additional banners to show the different sections of the tables, and a useful overview of states showing dates of accession to Paris, EPC, PCT, PCT national entry time limits, whether PCT national routes are closed and whether validation is automatic after grant. The EPO has also added a new table VI. B renewal fees after successful petition for review.

My book is 430 pages - to save paper when printing, it should be printed with 2 pages on each side of an A4.

For those who cannot easily print out several hundred pages, you can also order a copy on double-sided A5 paper.
Update (17/1/19): the thin paper is availabe for new orders. See the links on my patent firm's website.

Most of the contents are sourced from EPO websites and Official Journal, and no copyright is claimed for these parts.

Good luck at the EQE,
Pete Pollard

I will be a "guinea-pig" again for the epi in Munich (EQE 2019)

I am happy to have been picked again to "guinea-pig" the EQE papers on behalf of the epi. I will be doing all the papers again - A, B, C and D. Although we are called "bench markers", we do not calibrate the exam or set a base level. The Examination Committees and markers rely on our papers for initial discussions about aspects that should get (or not get) marks and the weighting for the aspects. This helps fine-tune their internal instructions before they start the actual marking. They have about 6 people making each paper at different locations and with different backgrounds under exam conditions - these volunteers have already passed the EQE, and ideally they want us to score around 50 points.

To anyone who has passed the EQE (or passes it next year), please consider volunteering next year when the epi sends the email in October. It is very much appreciated by the Examination Board and Committees. You are not paid for the hours, but travelling expenses are refunded by the EPO via the epi. It is also possible to sign up for one paper only, but the chance of being picked is higher if you sign up for more than one. For EQE tutors, it is invaluable to sit papers you see for the first time like this.

My FREE printable PCT Applicants Guide for EQE2019

Every year, WIPO produces a printable version of the complete Applicants Guide, including all annexes, specifically for the Pre- and Main Exams. The current version can be found here. But it is 1980 pages and much of it will never be required at the exam.

I have produced this abbreviated & improved version to lighten the load and to save a few trees. It is available for download to print yourself, or you can order an A5-sized book.
Using Regulations, past papers and comments from Examination Committees, I have limited it to adequately cover what you may need. In addition, I have added many useful overviews from the WIPO & EPO websites which can speed up answering questions during the exam.

Most of the contents are sourced from WIPO/EPO websites and Official Journal, and no copyright is claimed for these parts.

This year, the material is divided into 2 parts instead of 3 parts. A Detailed Table of Contents (with page numbers) is also included for the Applicant Guide Introductions.

My book is 900 pages and free of charge - it can be downloaded in from my patent firm's website. Feel free to pass on the links to anyone who needs them. To save paper when printing, it should be printed with 2 pages on each side of an A4.

Update: for those who cannot easily print out several hundred pages, the two parts can be ordered here in A5 format (21 x 14cm):

• Part I - References - 1.5cm thick 350 pages (290g)
• Part II - Annexes - 2cm thick 550 pages (455g)

Add each part separately to your basket as they are considered separate books on the Boekbestellen website.

Update (17/1/19): the thin paper is available again.

Changes compared to last year:

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.

Report from the EQE Tutors Meeting - Oct 2018

In October, the EPO & epi arrange an annual meeting of EQE Tutors and members of the EQE Committees (EC's). Information & views are exchanged to help Tutors prepare Candidates for future exams, and to influence how future exams are made and marked. It is a good opportunity to learn about how each paper is made and tested, and to meet the EC's. In particular, anything highly relevant for the next exam (in this case EQE 2019) is communicated.
A full report usually appears in the December version of epi information (I don't make this anymore), but here are my most important conclusions:

1. ABCD: extra 30 minutes

• There were concerns that some papers (this year B and C) seemed to be longer than average, eating up the extra 30 minutes given to make the paper. The EC's assured us that the papers are made and tested based on the time limits defined in the Exam Regulations (REE). The extra 30 minutes remains extra time for candidates to make the paper, and compensates for slower reading and writing by those who do not do the paper in their native language. 
• My advice is to build & practice a methodology for doing the papers without the extra 30 minutes. You can then decide at the exam how to use this.

2. D: lower passing rate in 2018

• Only 33% of candidates got 50 marks or higher this year for the D paper (45% got 45 or higher). 

Using DII to become Fit to Practice

Every year, the EPO hosts a Tutor's Meeting where EQE tutors discuss the last exams with the Examination Committee's who made them.
This year, on 18 Oct 2018, I will talk about why the DII part (Legal Opinion) of the D paper should be embraced by trainees, tutors & mentors to make trainees a better patent attorney. And trainees should embrace DII to make passing the D Paper easier. Click here to download the presentation from my firm's website - it also includes a basic methodology to start with, instructions on how to adapt and customize it, and shows the real-life skills you should practice to arrive at your own efficient (and high scoring) way of doing DII. Some possible analysis tools and matrices are also described.

Advice on preparing for EQE 2019 Paper D in about 160 hours

I often get asked about how best to prepare for Paper D. Ideally, you should start no later than September. Here is the minimum you should do before the exam.

The main differences with Pre-Exam:

• More subjects they can ask about
• You have to decide based on the question which law to consider and which to apply (no possible answers are given)
• You have to deal with DII (a very large, open question advising the client worth 60 marks)

1) Study DI methodology - 8 hours
Learn how to efficiently answer = to get the most marks in time available.

• Ask someone else or get a book (see below). 
• Do the DI questions of 2013 one-by-one (don't do Q.2 - law is obsolete) and really study them: what is being asked, how is it being asked, what should be in your answer. 
• Look in the Examiners Report for the minimum required (statements + legal basis) for full marks. 
• You get marks for giving an answer, and explaining how you got to the answer using the facts you have been given in the question. 
• Figure out if you missed a major issue or a minor issue - concentrate on learning lessons about major issues. 
• Study Candidates Solution for tips on writing your answer - the phrasing used, the detail level and organisation. Note that these are candidates getting almost full marks on each answer - you do not need to be at this level on all answers to pass. But you need to be able to get close to full marks on the legal subjects you know well. 
• You don't need to write full sentences - bulleted short statements are acceptable. 
• Note that the compendium is never updated, so some legal provisions may be out of date, and the fees will also be incorrect in many cases. 

2) Learn core of legal subjects (EPC and PCT) - 60 hours
Learn how the law fits around them, learn how to find things quickly in your legal book.

• Knowledge is tested by answering questions
• Do the 150 selected questions from the DeltaPatents D Book (see page 9 of the Questions part).
• Do most of them fully, but to save some time do some of them quickly by concentrating on the most relevant part of the answer. 
• For the modules with 1 or 2 questions, you can do them all. For the ones with 5 or more, just do every other one - you can go back and do the missed ones in a second run through.
• Copy some of the answers as templates into your legal books.
• Do additional questions in important area where you may be weak (like PCT)

(** 16 Oct 18: see below for updated comments about doing DII **)

Pre-Exam 2018 - congratulations to those with ambiguous answers

Several candidates who appealed their Pre-Exam 2018 failing grade of less than 70 have been successful. After taking the arguments provided in appeal into account, three more answers in the Pre-Exam Examiners' Report have been amended. See here for a track changes version (at the top of my Study Materials page).

Legal Questions:
4.4 True or False
5.3 True or False

Claims Analysis:
13.1 True or False

This is in addition to 12.2 and 12.4 which were already considered ambiguous at the time of marking.

Congratulations to those who have now passed - you have the weekend to celebrate. But not too long 😉- you need to enrol for the Main Exam between 9 July and 3 September for the Main Exam. And to make a study plan 😱.
A big thanks also to the Examination Board for objectively considering the arguments from those appealing.

Looking forward to tutoring Papers A & B in Maastricht for EQE 2019

I am proud to be joining the team in Maastricht to help with their EQE Paper A B C D  and Pre-Exam Training Courses.

The team are: Cees Mulder, Nyske Blokhuis, Natasja Duhayon and Isabelle Surdej.

I am part of the AB team - together with Natasja and Isabelle, we are preparing an exam methodology and step-by-step training program to deal with the challenges of the current papers. The benchmarking I did in February under EQE conditions was ideal to draft and test a step-by-step approach, and to think about how to deal with the chemical and electro-mechanical styles & practices. I may also be helping with the C course and the Pre-Exam Claims Analysis.
The AB training consists of 3-days in Maastricht (19-21 November 2018), followed by online assignments and contact with the tutors through the university's electronic learning environment. The groups are not large, so if you are interested, make sure you sign up quickly using the form here. Maastricht is also a wonderful place to visit for a couple of days with historic buildings, friendly people, good food/beer and a lively nightlife :-)

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).

Advice on preparing for EQE Paper D in about 160 hours - updated

This post has been updated for EQE 2019 here: https://saltedpatent.blogspot.com/2018/07/advice-on-preparing-for-paper-d-in.html