EQE 2022 - which legal texts to use?

 

17 Dec 21: this post has been updated here.

There are no details yet on which digital references will be allowed or available during the exam. So, you may still need to print your references just before the exam.

During EQE 2021, External References were available for digital reading and searching, but were limited to the EPO website only. These were the original versions of the references, and no annotation or highlighting was possible. Copy/paste was available from the

references. No details yet on what will be available in 2022.

Answers for the Main and Pre-Exam will be accepted based on legal texts valid on 31 Oct 2021 - REE (OJ SE2, 2019) Art. 13(1)(c), Rule 2 (this is still the old REE - it is likely to be updated this year. There was already an updated Instructions to Candidates - OJ 2021, A13).

I will be updating all my EQE-specific study materials to provide versions valid on 31 Oct 2021. Hopefully, many of the references will be made available digitally during the exam, so that this set can be minimised.  

The EPO-EPC and EPO-PCT Guidelines have moved to a new revision cycle, namely 1 March each year. If the EPO website is available again during the exams as an External Reference, the 1 Mar 2022 versions will be the versions in force and available digitally. The 1 Mar 2021 versions will only be

available on-line in the EPO-EPC Guidelines Archive and EPO-PCT Guidelines Archive as PDF's.

During EQE 2021, the exam committees were pragmatic and flexible about what they would accept to support an answer - either the official versions (valid on 31 Oct before the exam), or newer versions available digitally through External References.

General recommended:

• For EQE 20xx, use the legal texts and documents valid on 31 Oct 20xx-1
• As a practicing (trainee) attorney, you should always be aware of the most up-to-date materials. If you use versions made available after 31 Oct 20xx-1 to answer questions, you will not be penalised. 
• But be pragmatic and don't just print out a lot of books or buy new ones. It is better to update older versions yourself by going through the changes in detail. The EPO provides some track changes versions and the WIPO usually uses change bars.
• Only transfer a lot of notes and annotations to a new version if you are using very old materials.
• If you do not use an "official version" during the exam, make a note once in each EQE exam of the Guidelines version you use. It is not required, but it makes it easier for the marker.

Summary for Main and Pre-Exam EQE 2022: 

• They will officially accept answers based on legal texts & documents in force on 31 Oct 2021
• They will also accept answers based on legal texts & documents in force after 31 Oct 2021 (including any updated EPO & EPO-PCT Guidelines version 1 Mar 22)
• Recommended for EQE 2022:
• look through the most important EPO & EPO-PCT Guidelines changes in Feb 2022 - the EPO usually provides a track changes version
• many of these changes will be based on Case Law, OJ EPO notices and practice changes that were already known in 2021, but missed the update one year earlier. 
• update the 1 Mar 2021 versions of the Guidelines yourself

CLICK BELOW for the background and explanations: 

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

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

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

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

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

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

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

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

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

EQE 2021 - which legal texts to use?

** 1 Jun 21: obsolete. See newer post from 3 Jun 2022.

** 20 Sep 20: updated to clarify  differences with Pre-Exam,  and to add new Guidelines cycle **

To remove one worry for candidates, answers for the Main Exam will be accepted based on legal texts valid on 31 Oct 2019 (official date for EQE 2020) and/or 31 Oct 2020 (official date for EQE 2021). 

This is a welcome flexibility, but candidates still need to choose what to use and what to update. This has always been an issue, but it will be more complicated this year. I get asked this often 😕, so I will try and explain it. See also this earlier post regarding the situation for EQE 2020.

I will be updating all my EQE-specific study materials to provide versions valid on 31 Oct 2020.  If new EPO & EPO-PCT Guidelines do appear, then I will also make new versions available at the end of Nov 2020. However, based on the EPO announcements and SACEPO minutes, it looks like the Guidelines will move to a new revision cycle from 2021, namely 1 March. 

General recommendations:

• Don't worry too much - because "recent changes" are blurred, the exam committees are pragmatic and flexible about what they accept in the answer - either the official versions for that exam, or newer ones. Very little of the exam anyway is based on such changes.
• For EQE 20xx, use the legal texts and documents valid on 31 Oct 20xx-1
• but also use the latest version of the Guidelines available in 20xx-1. As a practicing attorney, you should always be aware of the most up-to-date materials. If you use versions made available after 31 Oct 20xx-1 to answer questions, you will not be penalised. In some cases, it may match the 31 Oct 20xx-1 materials more closely.
• But be pragmatic and don't just print out a lot of books or buy new ones. It is better to update older versions yourself by going through the changes in detail. The EPO provides some track changes versions and the WIPO usually uses change bars.
• Only transfer a lot of notes and annotations to a new version if you are using very old materials.
• If you do not use an "official version" during the exam, make a note once in each EQE paper of the Guidelines version you use. It is not required, but it makes it easier for the marker.

Summary for Main Exam EQE 2021:

• They will officially accept answers based on legal texts & documents in force on:
• 31 Oct 2019 (including EPO & EPO-PCT Guidelines version 1 Nov 2018)
• 31 Oct 2020 (including EPO & EPO-PCT Guidelines version 1 Nov 2019)
• They will also accept answers based on legal texts & documents in force:
• after 31 Oct 2020 (including any updated EPO & EPO-PCT Guidelines version 1 Nov 2020, if available)

• Recommended for EQE 2021, use the legal texts and documents valid on 31 Oct 2020,
• and the latest version of the EPO & EPO-PCT Guidelines available (1 Nov 2020 if available, or 1 Nov 2019). Don't use the earlier versions.

See below for the background and explanations:

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

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

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:

PCT References books and National Law book now available to order on paper (A5 format) - EQE 2018

For those who cannot easily print out several hundred pages, I have made my EQE 2018 books (PCT References and National Law) available to order as books.

They are available in A5 format, and are printed on thin 50grs paper.

• A5 paper version (21 x 14cm):

Part I - General	0.4cm thick	88 pages (75g)
Part II - International	1.7cm thick	544 pages (440g)
Part III - National	0.7cm thick	210 pages (185g)

Please note that you need to order each part separately as they are considered separate books on the Boekbestellen website.

• A5 paper version (21 x 14cm):

National Law & Validation

1.5cm thick

456 pages (375g)

The links are also found on my company website under Study Materials.

The download links will remain, so you can choose what you want to do.

Most of the contents are sourced from WIPO/EPO websites and Official Journal, and no copyright is claimed for these parts. This book is provided for study and exam purposes only.

Good luck!

My FREE printable PCT Applicants Guide for EQE2018

Every year, the WIPO produces an official printable version of the complete Applicants Guide, including all annexes, specifically for the Pre- and Main Exams. The current version can be found here.

However, it is 1950 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 the EQE Regulations, past D papers and comments from the D Examination Committee, I have limited it to adequately cover what you should actually need. In addition, I have added several useful overviews from the WIPO & EPO websites which can speed up answering questions during the exam.

My book is 850 pages and free of charge - it can be downloaded in three parts 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, you can also order a copy on double-sided thin A5 paper. See the links on my patent firm's website. Each part is listed as a separate book, so they must be ordered separately.

Changes compared to last year’s version:

• Following Decision of the EQE Supervisory Board (29 Sep 17), cut-off date for legal changes is 31 Oct instead of 31 Dec 
• Limited I–11. Patent Prosecution Highway (PPH) Pilots to only EPO, JP & US 
• Added I–11. OJ 2016, A106 explaining PPH procedure with CN, EPO, JP, KR & US 
• Added note that I-12. PCT Fees contains overview of competent ISA’s for each RO 
• Added II-1. Overview of competent ISA’s for all RO’s (from PCT Fee table) 
• Added notes in II-7 that 22m (not 19m) time limit to request SIS (from 1 July 2017) 

Good luck at the EQE,
Pete Pollard

FREE printable PCT Applicants Guide for EQE2017 in FRENCH

Gregory Baque, is well-known to French candidates as the author of CBE-PCT legal book for the EQE. Gregory gives a number of EQE course each year for DeltaPatents in French. He also has his own patent law firm - www.gregorybaque.com

Every year he makes a printable National Law in French. The latest version (updated to the situation on 31 Dec 2016) is available here.

At the same location, you will also find a printable National Law table.

My FREE printable PCT Applicants Guide for EQE2017

Don't use the official printable version of the PCT Applicants Guide for the Pre- and Main Exams. It is 1800 pages because it includes all annexes. Much of it will never be required at the exam because it falls outside the syllabus. Candidates already have enough to carry – the ban on electronic devices during the EQE means that many will print out the whole thing to take with them.

Based upon the EQE Regulations, past D papers and comments from the D Examination Committee, I have produced this abbreviated version to lighten the load and to save a few trees. This is the most you should ever need. In addition, I have added several useful overviews from the WIPO and EPO websites which can speed up answering questions during the exam.

My book of about 850 pages is available free of charge to download here (Google Drive). Please feel free to pass on the links to anyone who needs them.
UPDATE: alternative location to Google Drive is on my website (scroll down to EQE training)

UPDATE: A version in French made by my colleague tutor Gregory Baque is available here. He also has a printable National Law which has been updated to the situation on 31 Dec 2016.

To save paper when printing, it is designed to be printed with 2 pages on each side of an A4.