EQE: 7 Mar 2023 - D Exam - copy to try yourself and my comments

See here: blog.ipappify.de/eqe-7-mar-2023-d-exam-copy-to-try-yourself/

Still struggling with PCT ?

Welcome to PCT.App !

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

To Do in 2022:

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

Reviews & Recommendations:

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

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

© IP.appify GmbH

e-EQE: 8 Mar 2022 - D Exam - copy to try yourself

Updated 15 Mar 22: to add blurry preview window problem.
Updated 14 Mar 22: possible remedy for frozen chat window added.
Updated 10 Mar 22: clarified that you cannot print after starting the Browser, added problem with missing words. Update 9 Mar 22: added note about Refresh. Also added a note about a backup system. Added additional problem. Yesterday was the e-EQE D Exam (D1-1: 0930-1100 CET - 90 mins, D1-2: 1130-1240 CET - 70 mins, D2: 1325-1645 CET - 200 mins). If you want to try yourself, see here for three files in English: D1-1 (2022), D1-2 (2022) and D2 (2022). The text was extracted from my answers (sorry, no French or German). The EPO normally makes official copies available in the compendium in the week after the EQE.

• I am reasonably confident about the D1 questions in these copies being complete. For D2, I am not so sure - some paragraph numbers were not copied due to the copy/paste issues, and I had some odd words that I had to put back in. 
• See below for some of my comments. I have not discussed the content of the exam, and avoided any spoilers, but feel free to leave comments here or in the Telegram groups.
• I made the exam at the same time as candidates as a bench marker. The Examination Committees have 5 external people per exam, and the answers are used for Committee discussions. They do not directly influence the marking, but allow group discussions on what should and should not be awarded marks. 
• 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.

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 my own answers were available 45 mins after the scheduled end of the last part (D2).
• 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 problems. It was a pdf conversion issue, and the complete answers were correctly submitted and could be easily be reconverted. I have not heard of any similar issues this year. This year, one person in A had the first letters of each paragraph missing and some words in between were also missing.

3. FLOWlock / LockDown Browser

• Thankfully, I did not have any major problems, but others did (see below). For one of the ID checks, it would not use my external camera (it had only selected the laptop inetrnal webcam, and it could not be selected. I solved it by exiting the browser (there is a hamburger button at the top right with an Exit Browser option.
• Assignment buffering: I did notice that after opening the assignment (exam) in a tab, it sometimes took a few seconds to appear. Once it seemed frozen, so I closed the tab and re-opened it. Others reported it as being up to a minute delay. 
• 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: many people had this issue. 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.
• Another Browser crash reported after successful mocks: "My WebCam worked well during mock exams in Feb, but it has been disconnected when I tested it on Monday and the Lockdown browser crashed in my windows-laptop.. don't know why... I tried to test my WebCam again today without using USB-Hub but directly via the USB port of the laptop. It seems to work well. Wish it also works tomorrow. I also have a Mac for backup (also extra WebCam, Cable, Keyboard, Mouse for backup). I feel that Mac seems to be more stable than windows-laptop for the Lockdown browser system - only personal feeling ;-"
• Prepare a backup system: I just heard 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: one person many people found after logging in after a crash that chat window remained open in the 'Calling representative' 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. 
• 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).
• 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.
• 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.

CLICK BELOW FOR MORE ABOUT D EXAM (no spoilers)

e-EQE: 8 Mar 2022 - D Exam - good luck!

Final preparations

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

• This is a detailed exam schedule for D 2022, indicating scheduled and unscheduled break times. 
• If you are planning to annotate digitally, be prepared to deal with limitations in the software.
• Don't forget your calendars
• External Resources at www.epo.org are available online during the exam. For all other materials, such as the PCT Applicant's Guide, you will need to have them on paper.
• 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. 
• Don't lose track of time ⏰ during the scheduled lunch break - if you are more than 10 minutes late, you may need the invigilator password to start the flow
• During scheduled exam times and scheduled breaks, 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 last part of each 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. 
• 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!

• I will also be doing the D exam at the same time as a "bench marker". This is a misleading name - my performance does not affect the scoring. 
• The committees use exams from 5 tutors to discuss where to award marks, and whether alternative solutions are awarded marks. I am trying to get around 50 marks, so, I will sometimes stop working on a question early, or be imprecise with legal basis to be closer to a real answer. And like most tutors, I will have some D1 questions (partially) wrong and miss several key issues in D2 anyway.

e-EQE 2022: Take Simple Calendars on Paper to Exam

I was not planning to post this so close to the exam, but I have been getting a lot of questions about Calendars. You only need to know the EPO closing days, but you need the weekends on paper. I have also made some calendars you can use - as pdf (in English) or as Excel (so you can edit yourself or change language). Also includes comments on calculating time limits and when closing day extensions are to be used.

Time limits at the e-EQE (Main Exam and Pre-Exam)

• Calendars are no longer provided because the EPO closing days are available online during the exam. But there is no change compared to previous exams how questions are asked where time limits need to be calculated. You are only expected to know the EPO closing days based on the relevant OJEPO notices (usually once or twice per year). This was confirmed in the EQE info session of 8 Feb 2022. 
• For EQE 2022, you need to know the weekends and closing days for EPO offices in 2020, 2021 and 2022. The relevant OJEPO's are: 2020 in OJ 2020, A56 (22 May 20) and OJ 2019, A97; 2021 in OJ 2021, A4; 2022 in OJ 2021, A85. Although these OJEPO's are available online, there is no digital calendar to figure out weekends, and you cannot use one on your computer (or phone) during the exam. So, you need them on paper.
• Each national office and the IB have their own closing days - you are NOT EXPECTED to know these during the EQE, but you can assume that these offices are also closed in the weekend. If it is critical to answer a question, they will give you the details in the question. 
• If they expect you to take into account a disruption, like COVID or a hurricane, they will give you all the facts that you need. They want to test whether you know the relevant law and know how to apply the law to those facts - they are not interesting in testing whether you can find such facts.
• It is useful to have examples of such a disruptions as an overview of possible EPC and PCT remedies. For example, OJ 2020, A120 describes remedies when electronic communication is not available. For example, OJ 2020, A123 describes remedies when a disruption, such as COVID, occurs.

Avoid calculation mistakes

• Every year, candidates lose many marks because of avoidable mistakes in time limit calculations. A wrong calculation can lead to missed marks or lead to time being wasted on irrelevant details. 
• Under the stress of the exam, don't rely on your fingers or in your head - count the days/months on the Calendar. Always double check any critical calculations. Common mistakes include: 
• converting the written form of months in questions to the wrong month number. Mistakes are often made with June, July and August, for example (months 6, 7 and 8).
• assuming that every month has days 29, 30 and 31 (even February). If the "last day of the period" ends on a day that does not exist, it is shifted to the real last day of that month - R. 131(4) EPC and R. 80. 1 PCT.
• using the calendar for the wrong year (for example, 2020 instead of 2022).
• ending a period calculation in the wrong year. This is usually with the time limits longer than 12 months. Double check, or break the calculation down into smaller steps, for example: 
• 0 (priority) + 12m = 12m for end of priority year
• 12m + 6m = 18m for publication
• 18m + 12m = 30m for most national entries
• 30m + 1m = 31m for EP entry

1 Sep 2021 updates: PCT-App and Complete PCT Applicants Guide

In most years, official PCT documents are updated in July/August. However, this year, the WIPO has confirmed that few documents will be changed in 2021. There are no amendments to the PCT Regulations coming into force on 1 July 2021. 

Expected: 

• possibly some changes to the PCT AIs and Forms later this year. 
• 1 July 2022: The new WIPO Standard ST.26 for sequence listings enters into force, together with the many related amendments to the forms and documents.

So, on 1 July 2021, the following texts and references are (still) in force:

From WIPO:

• PCT Treaty (Articles): 03 Oct 01
• PCT Regulations (Rules): 01 Jul 20
• AG-IP (Introduction to International Phase): 01 Jul 20
• AG-NP (Introduction to National Phase): 6 Aug 20
• AI (Administrative Instructions) Part 1 - 8 and Annexes B to G: 1 Jul 20
• AI Annex A (Forms - RO / ISA / SISA / IB / IPEA): 1 Jul 20
• AI Annex F (Electronic filing standard) Main Body & Appendices II - IV: 1 Jul 10
• AI Annex F (Electronic filing standard) Appendix I: 1 Jul 21
• RO-GL (RO Guidelines): 1 Jul 20
• ISPE-GL (International Search & Preliminary Exam. Guidelines): 1 Jul 21
• Added: ISA/IPEA may limit non-unity reasoning to minimum reasoning 10.04A 
• Added: Examples of use of the minimum reasoning 10.59E – 10.59J
• Note that ISPE GL's have many useful non-unity examples in Chapter 10
• A welcome addition to 15.09, because applicants make major critical decisions based on international reports: In order to provide applicants and third parties with high levels of predictability for the potential outcomes of future national or regional prosecution, examiners should endeavor to prepare high quality international search reports and written opinions ... so that they can confidently be used by designated and elected Offices. 
• PCT Fee Tables: 1 Sep 21
• 75% reduction of PCT fees due to the EPO: 1 Jul 21

From EPO:

• EPG (Euro-PCT Guide: PCT Procedure at EPO): 1 Jan 21
• Fees for international applications: 1 Jan 21
• EPO PCT-GL (Search & Examination at EPO as PCT Authority): Mar 2021

Data for specific States found in the Applicant Guide is continuously updated on the WIPO website, so always double check before relying on any state-specific info in real-life cases'

Although, there are few official changes, we have just completed many important updates

Complete PCT Applicant's Guide (1 Sep 2021) - fireballpatents.com/study-materials/complete-pct-ag:

• Many references from 2020 are still valid, so these have not been updated. 
• The PCT states overviews have been combined into one main overview, including reservations and incompatibilities valid on 1 Sep 21
• The PCT fees and Applicant/Office forms overview, valid on 1 Sep 21, have been included
• The ISPE-GL (International Search & Preliminary Exam. Guidelines) has been updated to the 1 July 21 version
• Requirements for Biological Deposits (Annex L) have been added 
• Our legal citation index is included for AG-NP.

PCT.App (1 Sep 2021) - www.pctapp.net/en:

1. Integration of key Paris Convention articles.
Paris Convention articles are now available in the database in German and English to be annotated, incorporated and linked. Only the the most important articles for the PCT, including Article 4 PC (priority), have been included in the appropriate parts of PCT.App, annotated and cross-referenced with the rest of the PCT.

2. All comments and annotations referencing a State with a status date have correspondingly been checked and, where necessary, updated to legal status of 1 Sep 2021.

3. Many parts include comment boxes with a reference overview of other relevant parts. These have been updated to include new internal hyperlinks, so that they can be used online for quick navigation between parts just by clicking.

4. Where possible, provisions are referenced only in the most relevant sections. In some cases, comment boxes are used instead of including the full provisions. These include any additional comments and internal hyperlinks to the more relevant sections.

5. To allow finding answers more quickly, a convenient full-text search has been integrated into the online app and can now be accessed under the menu items "Navigation">"Search".

For more details on the PCT.App updates, click on READ MORE.

Answering D1 Exam 2021 with EPC.App & PCT.App

While doing the D Exam as an official benchmarker, I kept track of how I used the EPC.App and PCT.App references to answer questions. I did this to check usability and completeness. Below are notes on how and where I found the main legal issues, so there are spoilers. The D Exam can be downloaded from the EPO Compendium. See also an earlier post with more about D Exam technical issues. 

I have not included my answers - these were made under exact exam conditions, so there are plenty of mistakes. I have concentrated on D1 use as you need to find things quickly. My main conclusions:

• Both books contained the legal info needed, and allowed it to be found quickly. Exception was Situation B of Q.5 - although this is unlikely to be asked again for many years, it can be important for real life. R.26.3ter is included in PCT.App, but we need to cross-reference that in other sections.
• The fastest way to search in EPC.App and PCT.App is to use the Detailed Contents. Based on your knowledge and the point in the procedure, you should be able to quickly see the most relevant provisions.
• The fastest way to answer PCT questions is to look for an overview of the procedure at the beginning of many sections.
• It is sometimes quicker to search directly in the Guidelines / Applicants Guides as not everything can be neatly sorted under the structure of a legal reference book.

The set of references I used was:

• EPC.App (IP.Appify) => EPC and Euro-PCT legal provisions, case law (Nov 20 - standard version from Amazon with the editor's annotations)
• Indexed EPO-EPC Guidelines (Fireball Patents) => EPC implementation by EPO, case law (1 Nov 19)
• National Law and Validation (Fireball Patents) => National Law tables (implementation by EPC states) and validation agreements (31 Oct 20)
• EPO as a PCT Authority (Fireball Patents) => Euro-PCT and EPO's PCT implementation (31 Oct 20)
• PCT.App (IP.Appify) => PCT and priority part of Paris Convention legal provisions (Sep 20 -  standard from Amazon, but printed with color mark-up made using Print on Demand option)
• Complete PCT Applicant's Guide (Fireball Patents) => PCT implementation by all offices (1 Sep 20)
• PCT References - Part 1 & 2 (Fireball Patents) => Most relevant PCT annexes (implementation by PCT states) and overviews (31 Oct 20)

To find things quickly:

• During study, you need to learn what each book contains and where/how to find it. For example:
• EPC.App is arranged according to Articles in numerical order, together with the relevant Rules. It has a Detailed Contents with the Articles, Rules and other contents like G-Decisions - this is the best tool to quickly scan through the contents if you are not sure where to look. There are also an Index of Legal Provisions to directly find specific Rules, and an Index of Decisions to directly find G, J , R, T & W case law. In general, the Articles and Rules of the EPC are arranged in chronological order as an application proceeds from filing to grant.
• EPO-EPC Guidelines are arranged in approximately chronological Parts as an application proceeds from filing to grant. Substantive issues, such as amendment and patentability, are arranged per subject. The Detailed Table of Contents is the best tool to quickly scan through the contents. In most other cases, you will be following a specific chapter or section link from another reference, such as OJEPO or EPC.App
• PCT.App is arranged according subjects in approximately chronological order, mirroring the structure of the WIPO Introduction to International and National Phases. It has a Detailed Contents with the Articles, Rules and other contents like Admin Instructions - this is the best tool to quickly scan through the contents if you are not sure where to look. There are also an Index of Legal Provisions to directly find specific Article and Rules. In general, the Articles of the PCT are arranged in chronological order as an application proceeds from filing to Chapter I entry, and from examination to Chapter II entry.
• PCT Applicants' Guides (Introduction to International and National Phases) are arranged in approximately chronological order as an application proceeds from filing through search, publication, examination to national entry. The Detailed Table of Contents is the best tool to quickly scan through the contents. In some cases, you will be following a specific chapter or section link from another reference, such as PCT Newsletter or PCT.App.
• To decide on which reference to use during the exam, determine: 
• EPC, PCT or Euro-PCT?
• More likely to be found under legal provisions or implementation?
• If more than one, which will be quickest to find?

My approach to D1: 

• I copied each question completely into the answer sheet, and only used occasional highlighting (this can waste a lot of time and does not generate marks). I left it in my answer just to have a copy immediately after the exam.
• CTRL-C and CTL-V (Win 10) were sufficient to properly copy/paste all D1 questions except Q.4 (needed to manually remove formatting and tidy up lines)
• I use 3 minutes per mark as a rule of thumb to quickly calculate how much time to spend. Traditionally, the D Exam was 330 minutes (3.3 mins/mark). This year, an extra 30 mins was given to compensate for the format (3.6 mins/mark). It is normal to run out of time answering D1 questions.
• There are no negative marks and no requirement to fully complete everything you start - you want to generate enough to get 55 marks or higher. Get the marks first for the things you know well - if necessary, skip a part of a question until the end.
• There is no time to read all the questions first, so I read each question in order as if I am going to answer it completely. If the question seems likely to take a long time to answer (or I have no idea), I skip it and go back to it at the end.
• it is very difficult under pressure to read, understand and apply something you read for the first time (or it seems like the first time)
• even if you think know the issues or can find them, you don't want to waste too much time 
• I identified EPC, PCT and/or Euro-PCT parts while reading
• I copied the last part of the questions ("the explicit questions") as a rough framework for my answer to make sure I didn't forget anything.
• I made a rough vertical timeline by copying phrases and putting them in chronological order (no need to make it nice - just understandable during the exam). I avoided editing by sticking close to the exact wording, although I did reduce some long sentences. E.g.: 
• -- EP-A1 was filed in 2018  A in English - X and Y, and claims invention X only
• --  A.94(3) issued by the EPO on 5 October 2020
• -- received by applicant A on 8 October 2020
• -- No response has been filed
• -- January 2021, he filed a European divisional application EP-A2 based on EP-A1 in French. claiming and describing invention Y
• For some issues I know well, I have an idea how to form the answer and select the argumentation to use. For others, it can be less clear how to proceed, so I just to start working on pieces (like calculating time limits) until a bigger picture emerges. In most cases, the overall answer to the question about whether something is possible or not is added at the end.
• Main part of answer includes identifying the correct law (legal provisions, case law and/or implementation) by citation, applying it step-by-step to the facts given and any other facts you can derive, and giving a conclusion as an answer (yes/no/yes if.../no).
• Be conscious of where you are in the procedure - certain conditions must have already been fulfilled (and thus are less relevant to discuss). Focus should be on the next few weeks and major actions required in the future. Assume that the case takes place on the day of the exam - here 2 Mar 2021. 
• At the end, if time, I check whether there are still facts from question that I have not used - these may need to be included somehow. But I am always trying to get to the next question, and often decide not to address these if I have already answered the question asked.

CLICK BELOW TO SEE THE DETAILS PER QUESTION/PART

e-EQE - D 2021 (EN & DE): copy to try yourself, and many technical problems

Updated: 3 Mar 21 after message from Exam Board

Yesterday was the e-EQE D Exam (still called Paper D even though no paper is used any more 😉. If you want to try yourself, see here for combined EN & DE copy. The text was extracted from peoples answers (sorry, no French). The EPO normally makes official copies available in the compendium in the week after the EQE. 

• I made the exam at the same time as candidates as a bench marker. The Examination Committees have 5 external people per exam, and the answers are used for Committee discussions. They do not directly influence the marking, but allow group discussions on what should and should not be awarded marks
• See below for more detail. I have not discussed the content of the exam, and avoided any spoilers, but I will try and respond to comments on this post or in the Telegram chat about particular questions. Also check the Telegram groups for discussions and comments. 

1. Telegram chat groups

• The main group has 255 members, for general issues and WISEflow + LockDown Browser + Zendesk issues. The (ABC+PE claims analysis) group has 114 members, the (D+PE legal) group has 116 members, and the summer study group for EQE 2022 preparation already has 67 members. Now also a EQE Marketplace if you want to sell or buy EQE materials.
• Mainly for students to discuss with others, but also open to any tutors. 
• If you have just done an exam, only discuss the answers if you can really take it. For most people, it is better not to discuss - you can't change your answer, no-one knows what the marking will be for particular answers (Main Exam) and sometimes more than one Pre-Exam answer is accepted. 
• Group rules: no discussions of ways to cheat, no exchanges of large sections of copyrighted materials (excerpts, annotated examples, WIPO/EPO docs etc. are allowed), no requesting or sharing of exam materials until after the scheduled end of the last part of that exam, no requesting or sharing of invigilator password.

2. WISEflow, before the exam, after the exam

• Own answers were available 45 mins (could also have been earlier) after the scheduled end of the last part (as promised) 👍
• At least one person noticed that the pdf of their answer was missing pages. It is not clear how widespread it is, but it is advisable to check (while you remember) whether it is complete

3. LockDown Browser (many comments posted under PE 2021 post and in Telegram chats)

• After starting LockDown Browser for Part 1 at 0930, the assignment (exam) was only available in German. The selection menu at the top of the thumbnail was missing. So, it was only German in both the preview window and in separate tabs
• I immediately refreshed the Browser, and the menu reappeared, so I only lost 3-4 minutes.
• However, refresh did not work for everybody, or it only worked after 20 minutes, or they had to restart the Browser. Someone said that the Zendesk queue was 1100 people 😭
• At 1020, a message popped up to say that everyone had been given an extra 10 minutes to compensate. My exam countdown clock did not change
• At 1045 (15 minutes before the scheduled end), a second pop up saying that everyone had been given an extra 30 mins, but that the break was reduced from 30 mins to 20 mins, and Part 2 would start at 1150 instead of 1130. The D2 schedule in the afternoon did not change, so the break after Part 2 was reduced from 45 mins to 25 mins. 
• I saw that my countdown clock had changed, but I handed-in at 1103 voluntarily because I was benchmarking
• It is very positive that the EQE organisation were able to react so quickly to help those still working on the exam 👍. However, there were still some issues:
• not everybody's clocks were extended, so they were forced to hand-in at 1105 ( the scheduled end). Some got reactions from Zendesk that they would be compensated for any issues.
• Extending a 90 minute session to 120 minutes without breaks was a problem for some
• It is pretty stressful when the start times change because you need to be there on time to log-in
• Some people reported the same problem in D1-2 (Part 2)
• Update: On 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). 
• So be aware of this for A,B, C-1 and C-2

• Screen went white approx, 10mins before end of  Part 1 (quoted from Telegram chat, occurred during Pre-Exam)
• Browser would not start for Part 2, so 10 mins late to get it to work. 
• Froze again in the middle of part 2, and again 3 mins before the end of part 2, forced to reinstall lockdown browser each time
• Both times answers had to be handed in afterwards as missed end time of exam.
• Managed to get remote assistance from IT over lunch break 👍. They removed loads of programs and checked IP addresses which fixed the issue.
• Not sure what it was as didn’t happen in any of the mocks. Hope to have passed - it was very disruptive. 

• Invigilators were very friendly and tried to help.👍

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 ABOUT D EXAM (no spoilers)

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!

EQE Paper D: optimise your marks for legal basis

Many candidates waste time perfecting and double-checking each legal basis. This is a poor strategy - a lot of marks are also available for correctly solving the legal problems, for explaining (arguing) how you have applied the law, and for the legal advice part. In many cases, an alternative will be accepted, even if it is a "lower" legal source.

It is much more efficient to understand the basic principles of what is required and what is typically accepted, and then be pragmatic. You should then note the best citations you find as you consult your notes and books when answering. If you think you are missing something, make a note and come back at the end if you have time left.

(1) Recognise and note expected citations: although different sources may be cited (and are always considered for marks), the markers are mainly looking for references to the documents listed in IPREE Rule 2 & 22(1) (latest version: OJEPO 2019, SE2 - see below for the syllabus provisions). Make sure you are familiar with the contents of these resources.

(2) Recognise and note the most important citations: hierarchically, Articles, Rules, & G-decisions are the most important, and the most likely to get marks. Whenever you notice one of these, ALWAYS note it next to the argument being made.

(3) Learn the most frequently required provisions by heart: if you can cite these without looking them up, you can quickly score marks. These are the most frequent subjects of the legal questions, and can be found in the D Examiner's Reports of the last 10 years. Additional tip: tab these provisions in your reference books as there is a good chance you will need them.

• EPC: A.14, R.3, R.6, R.157(2) | A.54(2), A.54(3) | A.65 | A.76, R.36 | A.87(1), A.87(4) | A.99(1), A.100, R.76(2), R.84(2) | A.108 | A.114(1), A.114(2) | A.121, R.135 | A.122, R.136 | A.123(2) | A.133, R.151 | A.141, R.51(1) | R.40 | R.45 | R.70(1) | R.114 | R.116 | R.126(2) | R.131(4), R.134(1) | R.137(5) | R.139 | Rfees 2(1)
• Euro-PCT: A.153(7) | R.159(1), R.160 | R.164
• PC: A.4C
• PCT: A.8(1), R.4.10(a) | A.11(1) | R.19 | R.54bis | R.80.2, R.80.5 | R.90 | R.90bis

(4) Note the sources actually used: your answer should be explaining to the marker how you get to your conclusions. So if you apply principles from any "lower" resource such as EPO Guidelines, Case Law, OJEPO etc, cite any relevant Article, Rules, BoA decisions, AND the source reference. 

(5) Note the legal principle that you are applying: in general, rules are required more often than Articles - this is because they implement the legal principles found in the Articles. "Empty Articles", such as A.80 EPC or A.120 EPC are not required for full marks.

(6) Stop citing when the number of citations matches the number of marks: as a general rule of thumb, a statement is required with a supporting legal basis citation for each mark. So an 8 mark question requires approx. 8 citations for full marks.

(7) Cite alternative sources and unexpected documents when relevant: if you have nothing better quickly available, cite it. The marker will consider it, and use discretion. For example, a Guideline reference summarising a BoA decision is usually accepted instead the decision number. Using an exact word or phrase from a legal provision or case law (such as "accompanying person") may also be accepted as proof of the correct legal basis.

(8) Be aware that many PCT resources are not expected: the only PCT Guideline expected is GL/PCT-EPO (added in 2017 to IPREE Rule 22(1)). EQE 2019 was the first D Paper where a citation was expected for full marks. Unfortunately, these EPO-PCT Guidelines are not sufficient on their own for preparation or answering at the Exam - it is not complete (it does not cover EP entry at all), and in many sections, it just refers to parts of other documents. You should still know this document in detail - it contains relevant information about EPO policies under PCT, and identifies further PCT-related subjects, such as PCT-Direct or PPH, which may be asked in the D Paper.

(9) ... but still use the other PCT resources to answer questions: and cite when relevant. Applicant's Guide AG-IP & AG-NP and Euro-PCT Guide (EPG) are much more useful for studying and answering at the Exam. But, when answering with these "alternative sources", cite any relevant Article, Rules, BoA decisions, as well as the source actually used to answer.

(10) leave a comment below with your tip #10

Click for the relevant REE legal provisions

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

Stand-alone book version of EPC.App available through Amazon

The IP.appify platform allows you to fine tune and build your own legal reference for both EPC and PCT, that will never be outdated.
As an alternative to working on-line, the EPC part is also available as a stand-alone book with basic author's comments (and cross-references) on Amazon (.de or .com or .co.uk)
UPDATE: Nov 2019 version now available in English or German at Amazon UK or Amazon DE

This basic version already includes enough comments and references to answer most of the questions at the EQE if you have studied, and are familiar enough with the law to be able to find relevant articles and rules. See my review of last year's edition, which I used to answer the EQE 2019 D paper. It should preferably be further annotated during study before the exam.

This does not include PCT.
UPDATE: PCT is now available both on-line and as a stand-alone book. The PCT book is more extensively annotated, with more explanations than the EPC book. It is intended as a book for daily practice, or for studying in preparation for the EQE. It is also suitable for using at the EQE as the logical structure allows the relevant parts of the law to be found quickly.

Review: using EPC.App for Paper D - EQE 2019

I was immediately enthusiastic about EPC.App as it supports different uses by different types of candidate. To answer legal questions efficiently, you need to be able to find details (like procedural acts, time limits & references) quickly and accurately. Traditionally, either you make your own reference book or you learn to use (& annotate) a book written by someone else.
EPC.App supports both approaches and everything in-between: a digital, cross-referenced version of the EPC is provided with extensive standard notes, mark-up and comments from the editors. The standard notes were used by them to pass their EQE's, and also include links to Articles & Rules, OJEPO's, case law & guidelines.
The main structure is based on the Articles, followed by the relevant Rules. As you study on-line, hyperlinks allow you to open the resources, to make summaries and to add your own annotations. Standard notes can be hidden, so you can create a reference only covering the issues that you have difficulty with. If you need more explanation, you can make it and add it yourself. And you can put annotations next to the Article and/or Rule that you think is most logical. Just before the exam, you export it as a pdf and print it. As it becomes your reference, you can find the details a lot quicker at the exam.
To try out the book, I used only the standard EPC author's notes for the benchmarking of Paper D in 2019. See below for more details of the version I used, what I quickly found and what I did not find. PCT was not included in 2019 editions, but I am working with the editors to make PCT.App, which will be available for EQE 2020.
** Update 1 Oct 2019: 1st edition of PCT.App now available on-line, updated stand-alone EPC.App book available

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!

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.

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). 

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 **)