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 ... **
  

EQE-disaster recovery plan

What a nightmare - as far as I know, the EQE has never been cancelled. For those who were ready to take the exam, it feels like the end of the world.
I saw a lot of negative comments about the EPO, but you shouldn't blame the messenger. The Boards are comprised equally of EPO and epi members, and they were working tirelessly until the last moment to find some way to let it go ahead.
Take some time off now: relax in the weekends, do other things, and try to think of positive things you can do. You can certainly take off the days that you were supposed be doing exams, and do some of the things that you postponed due to your intense study schedule.
Prepare your 4-6 week intensive schedule: if it is rescheduled, they should give you 4-6 weeks notice (a reasonable time to book flights/hotels). If you were ready for the exam in 2 weeks time, you can be ready again.
Decide on your low-level schedule: For some people, it may be a good idea to continue studying at some level:

• Organise your legal materials a little better (a lot of the current legal reference books started life as someone's well-organised EQE notes). 
• Use your legal knowledge more in your daily work (see if a colleague needs help with an office action or opposition, give a presentation to your office, check whether your office procedures meet "all due care", teach subjects to trainees, write a legal article). 
• Regularly do papers, and legal questions, even ones you have already done
• Regularly do A and DII - theses are the two papers that are the closest to real life, and directly benefit your practical skills. For exam preparation, you can never do enough of these papers. And for A, try some of the other technology papers as well.
• See the great initiative here on LinkedIn for refresher workshops

Think about other improvements: ... and don't forget your physical/mental well-being

• for example, read this LinkedIn post about meditation & exercise
• discuss any issues and worries with other candidates, tutors, etc
• be prepared not to attend any exams (or work) if you are sick or may be contagious

Prepare for three scenarios:
I have no insider information, but I know something about how the exam is organised. There is only one exam for each paper, so they cannot hold the same paper on different days or at different times. But they could try to arrange the papers in different weeks, for example, or at least organise papers with the most preparation for candidates = Pre-Exam & Paper D.
1) Rescheduling for May/June July/August
Earlier than that seems unlikely. A lot of the cancellations and closures are official reactions to increases in cases, but each country has a different philosophy. So the earliest would be about 4-6 weeks after there is a continuous decline in cases (earliest measurable in April). Registration deadlines for EQE 2021 may need to be postponed.
Updated (21/03/20): May/June seems unlikely now. Normally, having exams during the summer would be impossible to arrange, but these are not normal times.
Updated (1/4/20): September seems to be being considered - see separate post
2) Rescheduling for September/October
This seems to be most likely if they are to reschedule. But this may conflict with some national exams, so maybe you have to change the order of preparation. They may have to delay EQE 2021 as well to get everything to fit.
Update (1/4/20): at least Registration deadlines for EQE 2021 will need to be postponed.
3) No Exam in 2020, wait for EQE 2021
I hope not. But even for EQE 2021 to go ahead with some certainty, they will already need to consider a lot of changes and back-up plans. For example: more online sitting of exams, moving the EQE to May each year, having max. 50 people per room, using testing locations outside big cities (plenty of places in central Europe), change system to fewer exams to pass, offer Pre-Exam more frequently, shorter exams
Be prepared for more inconvenience in the future:
All international events, meetings, exams etc will have to have a plan for the future to reduce risk from any virus, not just Corona COVID-19, and have an emergency plan. For example: instructing people not to travel / attend if you are sick, having a policy for visibly sick people = refused access or removed or given a mask or moved to a separate room, temperature measurement, providing masks / soaps / handgels for more cleaning, disinfecting rooms, disinfecting answer papers, no handshaking (like in hospitals) etc.

Possible questions on "recent" legal changes - EQE 2020

The law being tested at EQE 2020 is theoretically the status on 31 Oct 2019. Unless specified otherwise, "today" on the exam is the actual day of the exam (16 or 17 Mar 2020), so the law of 31 Oct 2019 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 relevant EPC changes and 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.

I have limited the list to 2018 & 2019 - anything before 2018 will be included in your legal references.  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 DII 2019, G1/15 was tested for the first time.  The decision by the Enlarged Board in that case was taken on 29 Nov 16, and it was published in the OJ EPO in Sep 2017.

The EPO-PCT Guidelines were added to the official list of EQE texts about 2 years ago. Although most of the contents are found in other references, like the Euro-PCT Guide or the Applicants Guide IP, the Examination Committee prefers the EPO-PCT Guidelines to be cited. DI 2019 was the first exam where a reference (or an equivalent) was expected for full points.
 Subjects that could be asked include:
-- PPH (Patent Prosecution Highway) - E-III, 1 - 3
-- PCT-Direct - A-IV, 1 and B-IV, 1.2

So, familiarise yourself with the changes from 2018 and 2019, and the contents of the EPO-PCT Guidelines. I also make an indexed version - it can be ordered as part of my EPO as a PCT Authority book.

Good luck!

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.

Suggested books & things to take to Main & Pre-Exam - EQE 2020

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 2019 SE2 - page 36-40). See the warning here about possible problems.
- See here what candidates said last year 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
- For the A & B papers, if you need more practice, 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.
- From EQE 2020 onwards, no opposition form will be supplied with Paper C, and no form should be handed in with your answer. Elements which used to be explicitly required in the form to ensure admissibility (complying with A.99, A.100 and R.76 EPC) should be included in your answer on a sheet of EQE paper.
- For the D paper, the marks available for DII (used to be 60 marks) will be reduced from EQE 2020 onwards (epi information 4/18 - pages 25). It may be different each year - check before you start by looking on the front page of the exam. Expect either 50:50 or even 60 DI:40 DII.
- They are now more critical when awarding full marks for the legal citation (legal basis) in DI. See here for some rules of thumb for optimising marks for legal basis.
- If you need a little help on DII, this presentation provides a basic methodology and some explanation of what they are looking for
- After doing the papers of 2019, look at the Tutors' Report to help with interpreting the EQE Compendium (epi information 4/19 - pages 40-52)
- 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

Updated: 23 Feb 2020 with link to EPC & PCT changes

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).

PCT Refs for EQE 2020 - Part I and II

Every year, on 31 Oct, 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 2030 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. 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 and OJEPO's which can speed up answering questions during the exam.

My book is available in two parts, and reflects the status on 31 Oct:
If ordered on paper, each must each be added to your basket separately.
- Part I - References 160mm x 230mm x 12mm - 375g - 380 pages
- Part II - Annexes 160mm x 230mm x 18mm - 565g - 580 pages
UPDATE 03 Jan 20: A4 versions can also be downloaded free of charge from the same page if you wish to print them yourself.

Part I: References
- Useful overviews from WIPO website
- PCT/PC/WTO Treaty memberships
- Overviews of fees
- Latest versions (11 July 2019) of AG-IP and AG-NP, with my Detailed Table of Contents
- New: FAQ's on Contingency Upload Service, A.19 & A.34 amendments, R.49.6 Reinstatement, Third-Party Observations
Part II: Annexes
- Annex B, C, D, SISA, and E info for selected international Authorities
- National Chapters for selected DO/EO's

National Law & Validation for EQE 2020

For the D paper, it is important to have up-to-date details from the National Law 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 2019 (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 version using the latest info from the EPO website. 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 overviews published in the OJEPO for Morocco, Moldova, Tunisia and Cambodia.
New this year: the page size is 10% bigger to improve readability; the former Yugoslav Republic of Macedonia (MK) is now North Macedonia (MK); and mention is made of Georgia (GE) signing a validation agreement on 31-10-19, but it is not yet in force.

My book is 380 pages, 160 x 230mm x 12mm, 375g, printed on thin (50g paper) double-sided paper. The link is 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

EQELIBRIUM camps - learning by doing EQE papers

A vital part of any exam preparation is to practice exams. At the EQE, you will need to make a thousand micro-decisions on each paper about where to start, what you need to do, in which order to do it, what to write, what not to write, things not to be forgotten and when to stop. You need to deal with all the details as you concentrate on the big picture. And you need to take into account your own strengths and weaknesses.
The EQELIBRIUM mock camps, founded by Łukasz Bogdan, provide a good environment for learning this - by solving papers in a group, you benefit from the ideas and insights of others. Just as important is the social aspect - you spend a few days in the Polish mountains with other candidates who have similar issues and struggles. In particular, non-native speakers and re-sitters benefit a lot from considering different points of view.
I have heard that the first camps were like an "EQE Airbnb", where candidates stayed at someone's house, spending the whole day doing papers and cooking meals together :-).
I am very happy and proud to take part in this initiative to build a knowledge-sharing community. The scheduled camps (at a hotel close to Wroclaw) for both Pre-Exam and Main Exam papers are:

• Step-by-Step Mock Camp: 1-6 Sep 2019 (Early-bird discount ends 30.07.2019)
• Warm-up Mock Camp: 8-13 Dec 2019 (Early-bird discount ends 30.09.2019)
• The Final Countdown Mock Camp: 23-28 Feb 2020 (Early-bird discount ends 30.11.2019)

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.