EQE: 14 Mar 2023 - B Exam - no copy (sorry) and my comments

Tuesday was the e-EQE B Exam (0930-1300 CET - 210 mins). Sorry, I do not have a copy available (I was not a benchmarker), but please post any comments you have. The EPO normally makes official copies of the exams available in the compendium in the week after the EQE.

I heard from many people that it was a lot of subject-matter to get through, similar to the old exams where you had to figure out the amendments yourself. If you need too much time to decide on your amendments on B, it becomes very difficult to pass because most of the marks are for argumentation (support, novelty, inventive step).

• The problems in B are made worse by the difficulties in WISEflow of comparing on-screen claims as filed with the description as filed, and comparing on--screen amendments with the claims/application as filed.
• And the problems in current B exams are made even worse by the very high time pressure. When the PE was introduced, the B-exam was reduced in 2013 by 30 minutes by providing a claim set from the client. This can only save time if it is almost exactly the direction to go in. The standard advice from tutors used to be (in 2013 - 2019) was not to think too much and just follow this direction, clearing up clarity and extension issues, and writing out the argumentation.
• Since 2021, the B committee has gone back (unannounced) to the old-style (< 2013) of B-exam, requiring a more thorough interpretation often deviating from the clients proposal, but without giving the 30 minutes back. So, more technical understanding is needed to figure out the amendments, but you have no time to think, and definitely no time to correct your answer. You have one-shot to pass.

The basic principle of A and B as negative mark exams is a fundamentally flawed principle, which can lead to an enhanced loss of marks. The Disciplinary Board has also commented on this. You start with 100 marks, and lose marks for every mistake. That means that they have to anticipate all expected mistakes during exam drafting, and either added additional comments in the exam to point you away from them, or provide a route to keep getting marks after making mistakes. Unfortunately, with the combined technology exams, it is even more difficult to predict what 1000 candidates will do. What you are often missing with an unexpected solution are similar features in the prior art for the novelty & inventive step defence, and you are often missing a clear technical effect associated with your distinguishing features.

• Because of the time pressure, there is no time to rewrite your answer or to change your mind. The only guidance you have is that if you find the supporting words / phrases for amendments, and you have a technical effect, then you are probably on the right path. 

e-EQE: 15 Mar 2022 - B Exam - no copy (sorry), short report

Yesterday was the e-EQE B Exam (0930-1300 CET - 210 mins). Unfortunately, I do not have a complete copy of the non-printable parts yet = application description, claims as filed, EPO communication, clients letter with proposed claims. The EPO normally makes official copies available in the compendium in the week after the EQE. 

• It was shorter in length than last year, so that made it a little more manageable. 
• There were many complaints about the exam being too mechanical - in fact, it looked like it was from years ago when candidates could choose between Electricity-Mechanics or Chemistry, where specialist knowledge was required to make the exam. 
• I have not made the exam yet, so I cannot comment on it myself.
• If you had any issues with the exam, report them as soon as possible to helpdesk@eqe.org. Formally, complaints must be filed no later than midnight on the day of the exam you are complaining about. I have helped update Preston Richard's template for EQE complaints to make the process a little easier, especially after a tiring day. Even if you have miss the formal deadline, submit all complaints that could affect your marking or performance as quickly as possible. You can also give a reason why you were not able to submit immediately after the exam, such as tiredness or needing to prepare for the next exam.

1. Telegram chat groups

• Join the EQE Telegram groups to discuss issues with other candidates: Main group (306 members), Study group (128 members), ABC&PE-claims (188 members), D&PE-legal (152 members) and Marketplace (69 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.

2. WISEflow, before the exam, after the exam

• It is now strongly recommended to log-on to WISEflow at least 60 minutes before the start of the first part of each exam. This gives you a chance to see if everything is working. After clicking on the correct exam flow, you enter the flow page. 
• Early camera check: It is possible to start the FLOWlock/LockDown Browser in the flow page up to 60 minutes before the exam to test your camera and microphone by performing the ID check. 
• If you do not need to print, you can just stay in the Browser, waiting for the exam to start. 
• If you need to print using that computer, you must exit the Browser, restart your internet browser, log back in to WISEflow, and enter the flow page again. You will also need to perform the ID check again. 
• It is also possible to print using a second computer logged into WISEflow, but this second computer must be turned off and out of reach during the exam.
• Print BEFORE starting the FLOWlock Browser: 10 minutes before the start of the exam, any printable documents will appear on the flow page. Click on the refresh icon (clockwise arrow) or press F5 to see them. 
• All copies of candidates answers were available 60 mins after the scheduled end of the exam.
• Last year, there were some problems last year with missing pages in the pdf's, so check them to see if they look complete and report any problem. It was a pdf conversion issue, and the complete answers were correctly submitted and could be easily be reconverted. This year, at least one person had the first letters of each paragraph missing and some words in between were also missing.

3. FLOWlock / LockDown Browser

• Browser updates: it is now expected that you verify the software at least once in the morning BEFORE each exam. You should be using the latest version of FLOWlock / LockDown Browser
• To verify: after logging-in to WISEflow, click on the drop down menu next to your name and select "Edit profile" and "Test Browser". This will start the FLOWlock / LockDown Browser, and check that it is up to date. 
• Several people did report Browser stability problems after updating - everything was fine during their mock exams in February.
• Browser crashes during A, B and D: many people had crashes, even with home computers on home networks who had no problems during the mocks. After successfully starting, the Browser spontaneously vanished, with just the desktop backdrop being visible. This issue was seen by some during the mocks. It is unclear what the cause is.
• if an internet browser can be opened, you can restart WISEflow.
• if no options are available, you may need to to reboot your computer, and then restart WISEflow.
• Prepare a backup system: I heard on Monday about someone who had no problems during the mocks, but could not get into any parts of the D exam yesterday because the Browser would not recognise the laptop internal camera (a personal laptop with no external cameras connected). What a disaster - a year of preparation flushed away by WISEflow. If you have had crashes, or you are worried, prepare a backup system and have it in your room, turned off and out of reach:
• Borrow a computer to which you can have full administrator privileges. The recommended technical specs are very low. Or ask your IT department if they have an old one that they can reset and give you administrator privileges.  
• 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 chances of problems are even more reduced by connecting to a non-company network.
• Chat window frozen: many people found after a crash (and logging in again) that chat window remained open in the "Calling representative" or "Contacting invigilation" mode. There was no way to stop it, move it, or to contact an invigilator. This meant that it was not possible to request an unscheduled break, for example, or to report any other issues. At least one person had to waste more time calling the EQE helpdesk telephone number (which has very limited capacity) to get back in because the chat was frozen. 
• helpdesk suggested refreshing - the refresh icon is the "clockwise arrow" at the top left between X and (i). F5 should also work (at least in Windows).
• if it still does not work, continue working on your exam. If you need to contact the helpdesk, call +49 89 2399 5155 (helpdesk number with very limited capacity).
• Lost lines from answer: after a FLOWlock Browser crash, rebooting and logging-in, one person reported that they were missing the lines from the last several minutes of thier had been lost, and they had to retype them.
• Can't find Refresh: Refresh will solve a lot of problems. The refresh icon is the "clockwise arrow" at the top left between X and (i). F5 should also work (at least in Windows).
• Blurry assignment preview: many candidates have reported this problem. The assignment preview window is the only possibility in FLOWlock to allow side-by-side comparison, so the blurriness makes this unusable. The official guidance received from the helpdesk, both during the mocks and during exams, is to not use the preview window, or that it was due to the individual system.
• a solution reported in the Telegram groups was to adjust the text zoom ratio in WINDOWS/ Display Settings to 125% before starting the FLOWlock Browser. 
• Note that this WINDOWS setting cannot be set or reset during the exam. 
• The zoom level of the FLOWlock Browser and all the tabs can be set during the exam using the selection menu which appears when the (i) icon in the top left is clicked. For example, if this Browser zoom is set to 75%, some people indicated that the blurry assignment preview did not return, and everything was sized correctly.
• It is also possible to separately change the zoom level of an assignment tab using CTRL+SCROLL MOUSE, or the (-) and (+) buttons in the assignment tab toolbar. Zoom settings can also be set directly by clicking on the arrow next to the percentage in the assignment tab toolbar.
• It is only possible to separately change the zoom level of the answer tab using CTRL+SCROLL MOUSE.

e-EQE: 15 Mar 2022 - B Exam - good luck!

Final preparations
Updated 11 Mar 22: added entry photo requirements
Update 10 Mar 22: clarify printing must be done before starting FLOWlock Browser

• This is a detailed exam schedule for B 2022, indicating unscheduled break times. 
• External Resources at www.epo.org are available online during the exam. For all other materials, you will need to have them on paper.
• If you are planning to annotate digitally, be prepared to deal with limitations in the software.
• The B and C Exams are the least adapted to the new digital format. If it is similar to the 2021 exam, there will be quite a lot to read, a lot to answer and not much time to waste. 
• Be prepared to contact the invigilators by chat widget, and be prepared to deal with FLOWlock Browser crashes. Only in emergencies and if the chat widget is not available, call the epo helpdesk: +49 89 2399 5155. Telephone lines are very limited - the chat widget is strongly recommended. Communication via email will not be dealt with.
• Last year, candidates received an e-mail with a hyperlink just before the exam. This year, no email will be sent - the flows will made available well before each of your exams, so you will see them after logging into WISEflow.
• Get everything ready early so you can relax. It is recommended to log-in 60 minutes before the start of the first flow. This will also give enough time to make sure that the room requirements are complied with, and to create your own evidence.
• Print BEFORE starting the FLOWlock Browser: 10 minutes before the start of the exam, any printable documents will appear on the flow page. Click on the refresh icon (clockwise arrow) or press F5 to see them. 
• It is also possible to print using a second computer logged into WISEflow, but this second computer must be turned off and out of reach during the exam.

During the exam

• Have a valid official photo ID (identity card or passport) ready and keep it within easy reach during the whole exam. You MUST verify your identity at the start of EACH FLOW by holding your ID next to your face for the entry photo. See Instructions to Candidates ITC IV, 6.
• During the exam, you must to stay in front of the camera - everything you want to use must be within arms reach. 
• During scheduled exam times, don't go online discussing the exam or share confidential exam info, such as personal login details & invigilator passwords. Wait until the scheduled end of the exam - after that, you can freely discuss. But remember - no-one knows the expected answers, how the marks will be awarded, and which alternatives will be accepted.

Type-in the most complete answer possible within the time given

• More than one answer is frequently accepted. This is decided after the exam based upon the actual answers provided. In B 2021, several different solutions were accepted.
• You can still fail if you are on the right track but don't hand in enough to be marked properly. Don't spend too much time analysing and thinking - hand-in as much as answer as possible, even if you are not sure if it is "correct".
• Concentrate on completing the parts of the answer as soon as possible which are awarded the most marks (the examiners reports include a marking table). 
• If you are working digitally, it is fine to have a "notes" or "analysis" section in your answer, and to hand-it in. Help your marker by clearly distinguishing between "notes"/"analysis" and your answer to the exam.

Good luck!

e-EQE 2022: working digitally and/or on paper during B & C Exam

10 Mar 22: extra comment added about view mode. 6 Mar 22: added highlighting notes from EQE FAQ's. Updated 1 Mar 22: updated with link to DeltaPatents blog. Working digitally has many advantages, but there are still many limitations in WISEflow, and the adaptation of the EQE exams to this format has not yet been completed. 

The B and C Exams are the least adapted to the new format, and it is expected that the style and adaptation of the EQE2022 exams will be similar to those in 2021. I can't think of any other field where you could get away with the excuse that 16 months was not long enough to adapt a professional qualification exam to the exam system that they have chosen. 

For B, you need to combine paper & digital because of the limited documents available for printing. My suggestion is to always print everything available before the exam - don't rely on just digital copies.

My suggestion for C is to either just work on paper, or combine paper & digital. Only working digitally is not a good idea - you are disadvantaging yourself in time, and you lose the ability to compare and make permanent notes. To work exclusively on paper, you just need to carefully copy the claims as granted onto paper, which you will have with you for the rest of the exam (and during the scheduled break).

You have to find your own balance between paper and digital, but the goal remains the same: type-in the most complete answer possible within the time available. Also make sure that you understand the room/technical requirements and know how to avoid FLOWlock Browser crashes.

Type-in the most complete answer possible within the time

• More than one answer is frequently accepted. This is decided after the exam based upon the actual answers provided. 
• You can still fail if you are on the right track but don't hand in enough to be marked properly. Don't spend too much time analysing and thinking - hand-in as much as answer as possible, even if you are not sure if it is "correct".
• Concentrate on completing the parts of the answer as soon as possible which are awarded the most marks (the examiners reports include a marking table). For example in C, write any novelty attacks as soon as you see them.
• If you are working digitally, it is fine to have a "notes" or "analysis" section in your answer, and to hand-it in. Help you marker by clearly distinguishing between "notes"/"analysis" and your answer to the exam.

Comparison works best on paper

• FLOWlock does not allow side-by-side viewing of tabs, so you can only click between them. 
• The exam preview window can be viewed next to the answer tab, but it is very limited in functionality. Some have also had problems with the preview window being blurry.
• Comparison is key in the B exam: between the claims as filed and the client's proposed claims, between the claims as filed and the application as filed, between the application as filed and the prior art. You get a good idea of the similarities in structure between prior art and the patent by placing the drawings next to each other, which is only possible on paper.
• Comparison in C is also a time saver: you get a good idea of the similarities in structure between prior art and the patent by placing the drawings next to each other, which is only possible on paper.
• But be aware that paper is a stepping stone to your typed-in answer - there are no marks for anything on paper.

Digital exam annotations are lost

• The new highlighting/annotations are greatly improved, but for a split exam such as C, digital annotations in Part 1 are not available in Part 2. For Part 2, the assignments provided are all new digital copies, and there is no access to Part 1.
• In addition, highlighting and annotating the same exam in different tabs is not recommended. The pdf viewer cannot handle separate instances of the same document simultaneously, so only the highlights/annotations from one of the tabs are saved (locally on the candidate’s PC). Highlights/annotations done on the same assignment opened in further tabs are eventually lost when the tab is closed.
• See also the explanation here in the DeltaPatents EQE blog. 
• You also need to switch from "Annotate" to "View" before you can copy paste form an exam tab. If the text has already been highlighted in "Annotate" mode, you cannot select this highlighted text directly in "View" mode with the mouse - you need to start the selection at un-highlighted text adjacent to where you want to select.
• From EPO FAQ: You can open the assignment in one tab, annotate and add comments and navigate by clicking in the “Panel“ view in the upper left-hand corner. You can then navigate either via “Thumbnails” view or via the “Outlines” view (if available in the assignment).

Don't try to make your answer look nice

• You can also highlight and format in your answer to help you navigate in your own answer. But don't waste time just formatting your answer to make it look good. It is the content that gets marks, and the marker understanding the context of each statement correctly. 
• Use one or two heading styles in your answer (Heading3 or Heading4 are the smallest in font size). Before applying the style, isolate the text to its own paragraph by hitting enter before the text and after (otherwise style is applied to the whole of the current paragraph). The in the assignment thumbnail, select Table of Contents. This will give you info about your answer. Theses headings automatically generate a clickable Table of Contents which quickly jumps you around in your answer.

Keyword search of exam is available

• You should use the search function, but that only helps in some cases. Often many of the claim terms are found explicitly in the prior art, but sometimes technical synonyms or different forms (plurals, verbs instead of nouns etc.) are used, making searching a little more difficult. The C exam is infamous for hiding definitions in unexpected and artificial places.

Paper annotations are not lost and are continuously available

• As soon as the documents are printed, you can already start reading.
• For a split exam, like C, you have all of the Part 1 documents available to use in preparation for Part 2.  Also during the scheduled break. You can also have all your Part 1 documents documents with you during Part 2.

Specific comments for the C Exam

• Unfortunately, you will not have digital access to your Part 1 answer during Part 2 - you can only print your answer and have it on paper during Part 2. If you do any digital searching in Part 1 or make digital notes on features, you can include it in answer as "notes or background" separate from your answer to Part 1. You will then be able to print them out with your Part 1 answer before starting Part 2.
• I think the people who did well in 2021 worked exclusively on paper. They started reading as soon as they had everything printed (this is not forbidden by the rules) and probably read through everything again during the scheduled break (again not forbidden by the rules). Because the prior art was not divided at all in 2021, you could prepare extensively for Part 2.
• We do not know how it will be split this year (hopefully it will be better) but they have suggested it will be very similar to last year. Certainly, any document not directly required at all in Part 1, is likely to be needed in Part 2. You will see straight away in Part 1 if the split is better - if relatively few or much shortened prior art documents are provided in part 1, then they have improved the split.
• To work exclusively on paper, you just need to carefully copy the claims as granted onto paper, which you will have with you for the rest of the exam (and during the scheduled break).
• Opposition formal data: you are not allowed to include anything in Part 2 that should have been in Part 1. So, any info that remains the same can be in either part (patent number, opponent, mention that the fee is paid etc). Part 1 will need to at least include a statement on the extent of the opposition, and possibly a summary of the grounds. Have a look at the model solution in the Examiners Report from 2021 - you will see that there are very few marks for the formal opposition data, and not much is required.
• Write any novelty attacks as soon as you see them. It is better to spend time on a first attack on all the claims than on a third attack on claim 1. Check the closest prior art for each claim, including each dependent one - there is usually at least one trap where the object of the claim changes in a dependent claim.

e-EQE - B 2021 (D/E/F): copy to try yourself, very long exam, few technical problems

😱Update 6 Mar 21: note added on formatting.
 Yesterday was the e-EQE B Exam. Sorry for the delay, but I was waiting for the compendium version. They are being put online the day after the exam 👍. It is difficult to extract 13 non-printable pages, and there were complaints about the formatting, so I wanted to check. I have slightly amended them by putting the online only pages at the end to simulate exam conditions - DE version, EN version, FR version. 

• I was dreading this exam as it was the worst to do online due to the large amount of unprintable pages, and the frequent need to compare parts of the exam. 
• I have not made it yet, but check the Telegram groups for some discussions and comments. There were certainly a lot of discussion about the length and complexity yesterday. See below for some comments on the problems.
• For any one who struggled and feels desperate, remember that the final marking (what is required, accepted, what is not accepted and any deductions) still has to be finalised. They fine tune everything based on how the paper was made by a large number of candidates. 
• Answers posted on blogs are often made by 2-3 nerds who spend several hours doing it, and usually represents a theoretical answer. But it could be wrong, the number of marks to be awarded is unknown, and other solutions could be accepted.
• No widespread technical issues 👍👍👍

1. Telegram chat groups

• The main group has 284 members, for general issues and WISEflow + LockDown Browser + Zendesk issues. The (ABC+PE claims analysis) group has 154 members, the (D+PE legal) group has 130 members, and the summer study group for EQE 2022 preparation already has 79 members. Now also a EQE Marketplace if you want to sell or buy EQE materials.
• Started for students to discuss with others, but completely open to any tutors from any organisation who want to just read or join the discussions. 
• 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

• Some problems accessing exams for printing before the exam (the links do not appear), so some candidates could only read the pages online during the exam
• Helpdesk answer: ".. participant’s computer has changed its external IP addresses from when they last refreshed the page in WISEflow (flow overview)". Refreshing only the flow page (where the download links are visible) is not enough.
• Solution (1) from helpdesk: Reload (Refresh in browser or CTRL F5) of flow overview page in WISEflow
• Solution (2) from participant (if (1) does not work): logout and back in to WISEflow
• At least one person noticed that the pdf of their D1-Part 1 and D2 answers was missing statements and even had a blank page. It is not clear how widespread it is, but it is advisable to check (while you remember) whether it is complete after the exam.
• I have not seen any messages about problems after the A or B Exams

3. LockDown Browser

• No widespread technical issues 👍👍👍
• A lot of individual issues with the Browser crashing. In spite of sometimes losing up to 20 mins, and requesting extra time, a number of people reported that the request was denied.
• Wednesday, after the widespread problems D1-Part 1, the Examination Board issued a very clear unambiguous commitment to ease candidates minds:
• On the official e-EQE page, a message from Examination Board (3 Mar 21):
• The Examination Board of the EQE is aware of a situation that affected paper D1.1. The Examination Board guarantees that the marking process will be conducted so that no candidate will be disadvantaged because of that.👍👍👍

• Problems seen when handing-in answers at the end of D2 (quoted from Telegram chat)
• Could not submit because of "connection error". System message gets you nowhere as everything is greyed out. 
• Told by Zendesk to refresh. They said it's a common issue. System overload as everyone submits at the same time (and the D-2 has a larger data volume). 
• Also seen when handing-in A and B. So expected for C-1 and C-2.

4. Reporting complaints & problems to helpdesk@eqe.org

• See here for post about Instructions to Candidates
• ItC 11- email complaints regarding conduct as soon as possible, but no later than end of day of the exam. ItC 39 - email report on any disruptions during exam for which candidates are not responsible or which are beyond their control within 24 hrs of end of exam.
• The EQE organisation is well aware of many issues, and general issues affecting large numbers of people will be taken into account during the marking. However, they may not be aware how a disruption or incident has affected an individual candidates performance. The idea of reporting is to give them a chance to consider whether to take it into account during the marking. They may also not realise how a positive thing for many (30 mins extension) could have a negative effect on an individual.
• As an emails need to be sent very quickly, and most candidates are pretty tired after the exam, I worked with Preston Richard (Bardehle Pagenberg) to make a complaint template with some of the possible things you may wish to mention (we collected them from the blogs and chats). It may also reduce the number of emails from each candidate.
• But don't just copy everything and send it - it must be personalised to explain your situation and experiences.

CLICK BELOW FOR MORE DETAILS ABOUT B (mild spoilers)

Combined AB papers & suggested papers for practice

I have been asked by a couple of people to go through the list again, so see below for the update of this post from Dec 2018. It has not changed much (removed A EM 2011), but I have added some general guidance, as well as a list of not-recommended papers.

With so few combined technology papers, you need to do some of the older papers to practice, including papers in the technology that you are least comfortable with. 

In general: 

• Look for papers that are "C-like" - requiring a more general technical knowledge
• Past papers relied on candidates knowing certain basic facts in that technology. Physics / chemistry / biology that you knew in school but have forgotten - e.g. chlorine is a halogen, thermoplastics can be softened by heat, moment = force x distance, chemical compounds can have several names. In the current papers, all those facts are provided, either by the client or in the prior art. For past papers, you may have to look these things up to determine genus/species relationships, differences (important for novelty), effects (important for inventive step). 
• EM papers: can derive effect (function) from structure and vice-versa. A feature is usually used to distinguish from prior art - comparing drawings is fastest way to see this. Functional claims are often expected, often close to a "result to be achieved". Enablement issues are very rare. Skilled person can use some extrapolation => similar structures provide similar effects, similar effects imply similar structures. The result of a process can usually be predicted, so claiming of product-by-process is very rare. Skilled person can often fill in a lot of gaps - for example, claims are much broader than specific examples in description.
• CH papers: effects are supported by experimental data. Ranges and range values are used as distinguishing features, but just a different value may not be enough (a diiferent effect associated with this value is evidence of novelty). Effect (function) is not derivable from structure. Structure is not derivable from effect (function). Skilled person cannot use extrapolation based on structure. Some very narrow extrapolation based on effects, but teachings are followed very exactly. Enablement is often an issue. The result of a process cannot be predicted, so claiming of product-by-process is frequent where the product cannot be claimed structurally. Skilled person cannot fill in gaps - claims find exact support in description. It was expected to turn the whole letter from the client (in A) into a part of the description (no longer required). Unity was often an issue (has not been tested in combined papers, but a simple case could be covered). Markush claims were expected (not to be expected in the combined papers)
• Avoid past EM papers that are based around finding a claim that covers a lot of embodiments. Claim language was not given - you were expected to provide intermediate generalisations yourself - e.g. screw, nail, glue => generalise to "fixing means".

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).

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

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.

Suggested papers for AB practice

As there are not many combined technology papers, it is recommended to do some of the older papers to practice. In particular, it is good to practice exra old papers in the least familiar technology. The selected papers below tend to be more "C-like", avoiding chemical formula in the claims and also avoiding the very mechanical inventions. The papers and Examiners' Reports are found in the Compendium.

Combined papers

A - 4 hrs given to make a 3½ hr paper
B - 3½ hrs given to make a 3 hr paper

• A 2018, A 2017, A Mock
• B 2018, B 2017, B Mock

After introduction of Pre-Exam
A - 3½ hrs to make a 3½ hr paper
B - 3 hrs to make a 3 hr paper

• A CH 2015 
• A EM 2014, 2013
• B CH 2015
• B EM 2016, 2015, 2013

Before introduction of Pre-Exam
A - 3½ hrs to make a 3½ hr paper
B - 4 hrs to make a 4 hr paper

• A CH 2010, 2009, 2008, 2006, 2004 
• A EM 2000
• B CH 2012, 2010, 2009, 2003
• B EM 2012, 2010, 2007

Updated - see post from May 2020

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). 

Congratulations to those who passed EQE 2018

The results for the EQE Main Exam 2018 are here. Congratulations if you passed at least something - none of the papers are easy, especially when you take into account the stress. There were many comments in the Candidate's survey this year that the extra 30 minutes seems to have been cancelled out by the increased length, particularly for C and D. C and D tend to require a lot of writing, so if more time is needed to read the papers, there is less time is available to score points.

The missing scores in the graphs below at 43, 44, 49, 50 are due to the extra check that is done - if you are just failing, everything you handed-in is screened to see if you are to be considered "fit-to-practice". If so, extra points may be awarded

Paper D

Well-done to those who passed D. The final passing rate is about 7% less than last year. The DI was a lot to get through. DII was a different style compared to recent years, but it was also shorter than in 2017. My advice for D is to skip one of the DI questions (the one you know will take a long time to look up and answer). Do the DII as fully as possible and the rest of the DI questions.

Paper C

C was 7 pages longer than in 2017 - I felt like it took forever to read everything. The passing rate is slightly (3%) lower than last year, so it does not seem to have been a problem. Unfortunately, with C, you have to go through every thing - even documents that are not to suitable for the major part of an attack may contain definitions or something else useful. On C, when you have enough for an attack, write it down - don't wait for the complete picture before starting.

Paper B

This was the second year with the universal technologies. The relatively high passing rate from 2017 (80%) has been maintained. It seems that more Candidates scored 60 - 80 points compared to 2017. The advantage of the B paper (compared to A) is that you are given the starting point (the claims and part of the description as filed), and you are pointed towards the solution by the objections of the examiner and the letter from the client.


Paper A

The A paper also has the same passing rate as last year (62%). To optimally prepare for A, you need to be familiar with both chemistry and electromechanical claiming practice, as well as know how to draft a method and product/apparatus claim.

See here for an easy-to-use site dedicated to the EQE statistics made by Joeri Beetz, allowing you to do your own analysis.

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 :-)

EQE 2018 Papers A & B

Today I did papers A and B. This is the second year that the technlogies are combined, so as expected a combination of electromechanical and chemistry skills were required. If you want to look, here are the official copies of the A and the B papers.

I think these papers were nicely balanced and they have clearly added extra guidance in each paper for those from the other field.

- A was about using lasers to create protrusions in glass. So this mainly mechanical (physics), with some slight chemistry style (instructions about what is essential). It was good paper, although I heard different views afterwards about the claim categories that should be used. It was 5 pages shorter than last year.

- B was a chemical paper, with a lot of electrical elements. I really liked this paper, even though it was longer than usual (a lot of information in the application and a lot in the prior art - it was 5 pages longer than in 2017).
I thought it was a good mix, and shows the advantages of mixing the technical fields. I have had cases like this in real-life with electrical and chemical elements, and you need to understand how to claim in both areas and to be able to judge novelty and inventive step.
They also provided an extra set of clean claims this year from the client so you could choose to work from the claims as filed or the claims as proposed by the client. Everybody I talked to had a different answer for claim 1, so it should be interesting to see what was actually expected.

In a few weeks you will get a copy of your answers. If you cut up the exam paper (with your childsafe scissors ,-),  and glued or taped it into your answer, check carefully to see if any piece is missing. Or whether there are pages missing. It can happen that pages get stuck together, and then are missed during scanning. Or pieces fall off. If you notice anything, notify the EQE secretariat.

I will be an epi benchmarker in Munich for EQE 2018

Every year, the Examination Committees rely on papers from "benchmarkers" to help fine-tune the marking. These papers are made by people who have already passed the EQE, and ideally they are looking for people who can get around 50 points.
The benchmarkers take the exam at the same time as everybody else under the same exam conditions. Their answers are then be used in the group discussions about what should be awarded points, and what is insufficient.
I am happy to support this on behalf of the epi. To anyone who has passed the EQE (or passes it this year), please volunteer next year when the epi sends the email in October. It is very much appreciated by the Examination Board and Committees. 

Last year I only did the D paper - this year I will do all 4 papers (D, A, B, C) in Munich. I just bought my safety scissors in case I need to cut up the papers.


Good luck!

The official answers to the EQE 2017 papers are now available

The Examination Committe's have published their Examiners' reports containing a good "possible solution", some alternatives and comments on how the papers was actually answered by candidates.
A: Report, B: Report, C: Report, D: Report
If you unfortunately didn't pass, you should be able to get some idea what you missed using your marking sheet (which is sent by post) and these Examiner' Reports.
Note that these are not model solutions and there may be other comments/arguments that got points.

Congratulations to all those who passed one or more EQE papers

The EPO has published the results for the EQE Main Exam 2017 here. Congratulations to all those who passed at least something - none of the papers are easy, especially when you take into account the stress.

The missing scores at 43, 44, 49, 50 are due to the extra check that is done - if you are just failing, everything you wrote is screened to see if you are "fit-to-practice". If so, extra points are awarded

Paper D

In particular, well-done to those who passed D - it was a difficult paper to get through to the end. The final passing rate is about the same as last year.

Paper C

Well-done passing C - the amount of documents and text you have to deal with always makes this sometime unpredictable.

Paper B

Together with A, this was the first year with the universal technologies. It looks like a success.


Paper A

This was expected to be quite difficult for some technical backgrounds. Of all the distributions, this is the most spread out. On A, the maximum number of points you can score is limited if you begin with a inferior solution - that may explain it to some extent.
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