Showing posts with label main exam. Show all posts
Showing posts with label main exam. Show all posts

Thursday, March 31, 2022

Still struggling with PCT ?

TLDR: the most advanced and comprehensive guide to PCT law & procedure
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 lawyerspatent 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 structuresample 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

Saturday, December 18, 2021

EQE 2022 - External References in WISEFlow and legal text versions

It was confirmed during the online EQE Tutor's Meeting in Oct 21 that access to www.epo.org will again be available during e-EQE 2022. Answers will again be accepted based upon texts accessible from www.epo.org which were valid on 31 Oct 2021, or valid on the day of the exam. 

It was also confirmed that NO DIGITAL COPIES of other references will be available, and NO ONLINE ACCESS to other websites will be available. You also CANNOT OPEN any documents on your computer during the exam. This may change in the future, but this currently has a low priority.

So, you will still need to print some references yourself before the exam. In particular, you will still need need PCT/WIPO references on paper, either by printing the official 2150 pages from the WIPO, or buying / printing our abbreviated and improved version: PCT Global Reference - Part (1) and (2).

No official calendars will be provided, so either print out the closure dates before the exam, or refer to the External References during the exam.

External References in WiseFlow

  • "External references" opens in a new tab to Home >Law & practice >Legal texts
  • Browser access to html and small pdf resources is limited to www.epo.org
  • Smaller pdf's, such as most OJEPO notices, can be opened. Large pdf resources, like Guidelines, cannot be opened. Each pdf opens in a new tab, and number of tabs is limited by screen size. No annotation or highlighting is possible - this is only available for exam pdf.
  • Browser shortcuts that work on my Win10: SHIFT+LEFT MOUSE (open in new tab), F5 (refresh - or use icon), ALT ← & ALT → (backward & forward - or use icon), SPACE or PAGE DOWN (scroll down), SHIFT+SPACE or PAGE UP (scroll up), HOME & END (top & bottom of page), jump to pdf bookmarks using toolbar icon, CTRL+SCROLL MOUSE (zoom - or use icon, or (i) options), CTRL+A, CTRL+C
  • Browser shortcuts that don't: CTRL+SHIFT+T, CTRL+T, CTRL+TAB (it just increases indents in your answer), RIGHT MOUSE (e.g. open in new tab), CTRL+E/F/K (no search function in html or pdf. Search is available for exam pdf only). CTRL+D, CTRL+P, CTRL+S.
  • Copy/paste is available into your answer, but that this DOES NOT get marks. Marks are available for APPLYING the law. Just copying in legal texts is no different to a  reference.
  • No browser bookmarks will be available or importable. There is no address bar, so urls are not visible and cannot be typed. Before the exam, get used to finding resources from the EPO home page, and practice using the html search. Note paths to critical references - these are pages that you often use in real life.
  • Test access during the mocks - some firewalls block access, so you may need to whitelist the whole www.epo.org domain. 

Key External References
Other External References (only in emergencies)
For details on official Guidelines versions, click READ MORE.

Thursday, June 3, 2021

EQE 2022 - which legal texts to use?

 

17 Dec 21: this post has been updated here.

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

During EQE 2021, External References were available for digital reading and searching, but were limited to the EPO website only. These were the original versions of the references, and no annotation or highlighting was possible. Copy/paste was available from the
references. No details yet on what will be available in 2022.

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

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

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

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

General recommended:
  • For EQE 20xx, use the legal texts and documents valid on 31 Oct 20xx-1
  • As a practicing (trainee) attorney, you should always be aware of the most up-to-date materials. If you use versions made available after 31 Oct 20xx-1 to answer questions, you will not be penalised. 
  • But be pragmatic and don't just print out a lot of books or buy new ones. It is better to update older versions yourself by going through the changes in detail. The EPO provides some track changes versions and the WIPO usually uses change bars.
  • Only transfer a lot of notes and annotations to a new version if you are using very old materials.
  • If you do not use an "official version" during the exam, make a note once in each EQE exam of the Guidelines version you use. It is not required, but it makes it easier for the marker.
Summary for Main and Pre-Exam EQE 2022: 
  • They will officially accept answers based on legal texts & documents in force on 31 Oct 2021
  • They will also accept answers based on legal texts & documents in force after 31 Oct 2021 (including any updated EPO & EPO-PCT Guidelines version 1 Mar 22)
  • Recommended for EQE 2022:
    • look through the most important EPO & EPO-PCT Guidelines changes in Feb 2022 - the EPO usually provides a track changes version
    • many of these changes will be based on Case Law, OJ EPO notices and practice changes that were already known in 2021, but missed the update one year earlier. 
    • update the 1 Mar 2021 versions of the Guidelines yourself

CLICK BELOW for the background and explanations: 

Sunday, April 18, 2021

e-EQE – epi discussion paper - comments

Update 21 Jun 21: I have also made some of these points in epi Information 02/21
8 Jun 21: forum link added.
The epi recently published their discussion paper on proposed changes to the EQE from 2024. See below for some comments, following on from my earlier comments on the future of the EQE.  It is also possible to discuss using the epi-learning forum (open to all).

My conclusions: 
  • Some good ideas, like allowing an earlier start of learning, but I miss any proposals to improve the organisation. 
  • I miss a proposal for permanent education - the EQE tests whether a small number of representatives are fit to practice at that moment. 
  • I hear more and more candidates choosing to follow a law degree instead of the EQE because of the unpredictability of passing. Having everything modular will help prevent this getting larger.
    • But we also need a clear syllabus for each part, transparent marking and a proper way to address the concerns of the average non-native speakers.
  • Infringement has to be added - it is an essential part of being a patent attorney.
My comments:

1. Is the current EQE adequately testing the “fit to practice” criterion? - p.1
  • Some Exam Papers are ... jigsaw puzzles ... rather than testing real skills ...
    • It is not a problem if questions are designed to have one answer - the legal questions are set up like this. Having small puzzles that fit together, like the current Pre-Exam - claim analysis and D2 does mean that you can feel when you are on the right path.
    • However, the general advice to pass currently is to not think too much and give the answer in the Guidelines because alternatives are almost never accepted, even if properly argued. Perhaps that way that the questions are structured needs to be clarified - instead of asking, is it novel/inventive/extension etc, you can ask whether the EPO will object (the Guidelines answer) - candidates should know what will happen during proceedings.
    • The biggest current "puzzle" is the C exam - it is completely out of control (not just this year). There are too many different documents and the pieces you need are not always in the most likely places. Way too long, too many documents, with a ridiculous amount of detail require for argumentation. 
    • The B exam is now going the same way. 
  • All papers should start with 0 marks, and award marks for correct parts. A and B suffer the most because they are negatively marked - you start with 100 marks, but lose marks for each deviation from the expected answer. The problem is that by misreading or misunderstanding a couple of things, you end up running out of materials to use. There is a randomness to passing - if you are on the same wavelength, you pass. If not, you fail. But if you retake it a year later, then you can pass without preparing any differently.
  • Marking of the practical papers should always consider whether a mistake would be correctable in real-life 
      • Why should you be afraid for A of submitting a non-novel claim or non-inventive claim? As the argumentation supplied tends to be brief for A (as it reflects the brief argumentation typically included in a patent application), you should not lose so many marks if a dependent claim is what they wanted. There should be no marks lost for extending a feature beyond the scope of the client's letter, for example.
      • For B, where argumentation is required, the reasoning can be judged better for possibly having a non-novel or non-inventive claim. There should be no marks lost for not abandoning scope based on an instruction by the client if you think it is patentable (and argue this). 
      • Why is matching EVERY feature and correctly defining closest prior art in C such an issue? For an opposition, the main thing is to attack all the claims, get all the documents in, and argue the non-trivial aspects of the feature matching and inventive step. You would not write an opposition like that.
  • Methodology courses - p.1, p.2
    • I may be a little biased ;-), but I am not sure why it is a goal to get rid of these. Most of the methodology courses are based on reverse engineering and save candidates a lot of time that they can use for actually practicing papers. I don't think these will disappear, even with a more modular exam and shorter pieces. 
    • These are currently "needed" because the exams are much too long (so very difficult to do in the time available, especially for non-native speakers), there is no official info about what is to be tested, how the papers should be made, or how they should be marked. The Examiners' Reports are not easy to read and deliberately leave out a lot of details on alternatives that were accepted, or the exact marking. Even if candidates file an appeal, they will never see the details of their marking to see where they lost marks. 
    • If there are tricks that is being taught to pass with little preparation, obviously this should be prevented. But I don't consider pointing out where marks are awarded and how to score those marks as a trick - all marks count equally to the scoring, and candidates should always focus on their strengths and understand what is required. I don't see weak candidates passing just through methodology - more that there are a lot of well-prepared candidates who fail because they do not know how to show their working properly within the time available. Hardly anyone ever gets about 80 marks for certain exams.
    • I agree that it should not be necessary to follow such a course to pass. The committees and boards can influence this already => a clear syllabus that they stick to, openness about the marking and what is expected, using similar formats and styles each year, announcing new subjects to be tested or changes to the marking in advance, publishing several alternatives that were accepted, allowed appealing candidates to see exactly where they lost marks etc.
  • Practical training
    • This varies greatly, depending on where you work and the opportunities available - there should be more guidance on what you should be doing and some help with this. 
    • I agree that that it is better to prepare earlier and not make exam participation dependent on a fixed number of years - for example, a lack of drafting and amendment experience can be compensated by doing more old exams to learn the skills needed. You need the knowledge as early as possible.
  • Suggestion - allow qualified attorneys, lawyers, employees, formalities officers etc. to also sit the modules (without overwriting their scores) to allow them to stay up to date in a structured way. This could already be done for the Pre-Exam (no consequence - they just get marks separately for legal and claim analysis).
CLICK BELOW FOR MORE COMMENTS

Saturday, April 10, 2021

Lessons learned from e-EQE 2021 and looking to the future

Updated 18 Apr 2021: see also my post commenting on the epi discussion paper.
Updated 12 Apr 2021.
"It is only when the tide goes out that you see who's been swimming naked"
I already posted these comments on LinkedIn - this post gives a little more background. There was an enormous effort behind the EQE scenes, and a lot of people working many extra hours, but this could not prevent cracks appearing. 
On reflection, I think a few long-standing EQE issues may have played a role in creating the problems:
  • No effective communication with most candidates. Email is fine for sending standard messages, but there is little chance to request additional information. It is not always clear whether candidates actually receive them and understand the intention behind the emails.  A lot of candidates are surprised by changes in exam formats as not everyone prepares using a tutor, or with other students to discuss things.  
  • Secrecy and little transparency about every aspect of the exam and organization. Seen particularly by candidates who fail - it is very difficult to figure out where marks were missed, why the official answer was preferred, what alternatives were available etc. But this year, it was promised that the exams had been adapted to take into account the new format, but it was refused to provide any details as this was related to the content of the exams.
  • Just enough volunteers to make and mark the exams. No one expects perfection -  limited resources means that not everything can be addressed. But it is a professional exam, so it should be possible with sufficient preparation to have a reasonable expectation of passing. There is a minimum level that should always be achieved.
  • Few real limits for each paper in what can be asked. A real problem for many candidates is the habit of regularly introducing new things not announced before or tested before. It is unheard of in any other professional exam not to have an official detailed syllabus of what you need to know, both for the legal parts and the practical subjects. The REE is too vague to be useful, so candidates prepare based on unofficial study guides (like CEIPI or EQE Guide for Preparation) and doing old exams. There is still no clear distinction between legal subjects tested at Pre-Exam level and Main Exam level.
    And it is ridiculous that every year candidates need to have 2000 pages from the WIPO in case a question is asked about a PCT state (in many years, the WIPO and National Law are not needed at all).
  • Few real limits for each paper in length and style. Since 2017, an extra 30 mins was added to each Main Exam so that non-native speakers have more time. But there is no clear way in which this is enforced, and it is clear that the time has been eaten up by the exams. 
  • No effective way to assist those with En/Fr/Ge as a 2nd language. Non-native speakers have a clear disadvantage. The patent attorney terminology manuals are very useful, but reading/typing exams can still be slower. And giving everyone an extra 30 mins has now lost its effect.
Normally, these are compensated by a lot of flexibility in the marking, and that will be repeated this year. So, anyone well-prepared who generated a reasonable answer has a good chance (as in all other years). But moving forward, some suggestions of possible improvements:
  • Make e-EQE improvements highly visible, so that candidates know what to expect (platform + content) and can properly prepare. 
  • Using the new possibilities, better define the content to be tested and make sure it is relevant to daily work. 
  • Have a proper official syllabus for each exam - articles and rules, sections of Guidelines, case law, OJEPO's. 
  • Limit detailed PCT questions outside Europe to IP5 countries, and provide resources electronically.
  • Remove overlap in testing and preparation (candidates & committees). For example:
    • Pre-Exam: limit to only only legal questions, covering procedural and substantive law. Drop Claims Analysis (covered extensively in A, B, C). Use a mix of multiple choice and "D1"-style questions to test D1 level of knowledge. This is main test of legal knowledge.
    • Allow ME: A and ME: B to be taken anytime - either with Pre-Exam or Main Exam. These are practically oriented, relating to skills which are being developed early (drafting and amendment).
    • ME: A can be cut in half => reduce subject matter, focus mainly on independent claims,  provide less prior art.
    • ME: B is ridiculous with client giving you claims. Go back to old format, cut in half => reduced subject matter, only include a few claims, provide less prior art.
    • ME: D - limit to current D2 (D1 is now in Pre-Exam). But also include some basic trademarks/designs and basic trade secrets. Test legal concepts, and not substantive patent law (or greatly simplified substantive law).
      Expand basic foreign knowledge (JP, US) to include CN, KR (IP5). Also define clearly what you need to know. Possibly also test something about those foreign national patent systems. Knowledge of DE, FR and UK systems would also be useful.
    • ME: C has much repetition in attacks. Cut in half => fewer claims, provide a lot fewer documents. There should also be a proper infringement part in EQE - it makes most sense to add it here as technical understanding is important.
Perhaps also look even wider, putting the EQE in a broader perspective. A lot of effort is put into only passing candidates who are fit to practice, but there are many other people who interact with the EPO at different levels:
  • Permanent education required for qualified attorneys. For most, a lot of the knowledge is lost within a few months of taking their last exam. I know there were some attempts in the past to introduce this, and I know that no system is perfect, but something must be better than nothing. This would also address the issue of the varying knowledge levels of grandfathers \ grandmothers.
  • European formalities officer qualification. These are the people who have the most up-to-date procedural knowledge in the offices, but the levels of knowledge vary wildly. 
  • European patent agent qualification. Similar to US, where a basic knowledge of procedural and substantive law needed for those interacting with the patent office. This would be useful for people who do not wish to become patent attorneys (yet), or work in a company's patent department, or work in a lawyer's office.

Saturday, September 19, 2020

EQE 2021 - which legal texts to use?

** 1 Jun 21: obsolete. See newer post from 3 Jun 2022.
** 20 Sep 20: updated to clarify  differences with Pre-Exam,  and to add new Guidelines cycle **
To remove one worry for candidates, answers for the Main Exam will be accepted based on legal texts valid on 31 Oct 2019 (official date for EQE 2020) and/or 31 Oct 2020 (official date for EQE 2021). 

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

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

General recommendations:
  • Don't worry too much - because "recent changes" are blurred, the exam committees are pragmatic and flexible about what they accept in the answer - either the official versions for that exam, or newer ones. Very little of the exam anyway is based on such changes.
  • For EQE 20xx, use the legal texts and documents valid on 31 Oct 20xx-1
    • but also use the latest version of the Guidelines available in 20xx-1. As a practicing attorney, you should always be aware of the most up-to-date materials. If you use versions made available after 31 Oct 20xx-1 to answer questions, you will not be penalised. In some cases, it may match the 31 Oct 20xx-1 materials more closely.
  • But be pragmatic and don't just print out a lot of books or buy new ones. It is better to update older versions yourself by going through the changes in detail. The EPO provides some track changes versions and the WIPO usually uses change bars.
  • Only transfer a lot of notes and annotations to a new version if you are using very old materials.
  • If you do not use an "official version" during the exam, make a note once in each EQE paper of the Guidelines version you use. It is not required, but it makes it easier for the marker.
Summary for Main Exam EQE 2021:
  • They will officially accept answers based on legal texts & documents in force on:
    • 31 Oct 2019 (including EPO & EPO-PCT Guidelines version 1 Nov 2018)
    • 31 Oct 2020 (including EPO & EPO-PCT Guidelines version 1 Nov 2019)
  • They will also accept answers based on legal texts & documents in force:
    • after 31 Oct 2020 (including any updated EPO & EPO-PCT Guidelines version 1 Nov 2020, if available)
  • Recommended for EQE 2021, use the legal texts and documents valid on 31 Oct 2020,
    • and the latest version of the EPO & EPO-PCT Guidelines available (1 Nov 2020 if available, or 1 Nov 2019). Don't use the earlier versions.

See below for the background and explanations:

Wednesday, April 22, 2020

EQE 2020 officially cancelled, focus on EQE 2021, e-EQE 2022

After much speculation, the EQE Supervisory Board has decided to officially cancel EQE 2020. It was not unexpected - "for the first time in xxxx years, yyyy has been cancelled" has become a frequent headline this year.
The decision is available here as well as a communication providing more details.

Some comments:
  • "composed of an equal number of representatives of the EPO and the epi" - stresses that it is a joint EPO/epi exam. That saves me having to comment on many blog comments :-)
  • "the nearly 3.000 people that participate and are involved in the organisation of the Exams" - based on last year's figures, approx. 900 Pre-Exam, 1700 Main Exam candidates, 400 organizers/invigilators.
  • "actively discussing solutions ... strike the right balance between the legitimate expectations of candidates for the 2020 exams and .... health and safety" - thanks to those involved for considering all the options. It is an extraordinarily complex issue to deal with in difficult times, as they also have to consider the future impact of any decisions.
  • "the EPO and the epi need to ensure adequate health and safety conditions" - at the moment, there is no agreement yet on what precaution are adequate, but this should develop in the next months as the lockdowns are eased.
  • "the EPO and the epi need to guarantee the same basic conditions for candidates from all EPO member states, i.e. that they can all travel to one of the exam venues" - this seems like a big challenge, but could be eased by having more local exam venues. 
  • "the EPO and the epi need to ... avoid jeopardizing the EQE 2021" -  yes, this is a higher priority, and will already require a huge effort.
  • ** to see comments above 200, scroll to last comment and click Load more ... **

Wednesday, April 1, 2020

EQE2020 in September (if possible)?

Glad to see that the epi just posted a general update including a note about the postponement, as well as a link to the letter from the epi President to the EPO.
It highlights the desire by the epi to have the EQE go ahead, as well as acknowledging many of the problems that would need to be solved.

"epi letter to the EPO regarding the EQE cancellation
You are no doubt aware that the March EQE session was cancelled, and that it is planned to organise a postponed session in September, if possible. In this regard, the Presidium has decided to send a letter to the President of the EPO, which is published here."

The purpose of the letter was to request the EPO's support so that every possible resource available in the EPO can be used to organise a postponed EQE 2020 - in particular, the finding of suitable locations at suitable dates, the registration of candidates, the invigilation, and above all the marking process. They note that the availability of additional marking capacity among epi members may be limited when the time line is shifted.

It also mentioned:
  • ... no firm plans can be made until it is sufficiently certain that the epidemic will be under control, and trusts that every possible option is being explored.
  • The ideal situation would be one where the postponed 2020 EQE is organised in such a way that the results are available by end October 2020, in time for the candidates to catch up with the normal timeline. Candidates who failed one or more papers of the main EQE could still register for the 2021 EQE and follow the special trainings for re-sitters. 
  • We trust that the Supervisory Board will take all necessary decisions to implement exceptions in order to make that happen. Exceptions one might consider encompass abbreviated registration periods for re-sitters. Another possible exception is to skip the pre-examination. In view of Article 11(7) REE, it would not be necessary to organise a pre-examination, but if one is organised, the candidates who passed the pre­-examination would still have time to register for the 2021 EQE and follow the usual trainings.
  • At the same time, the EQE 2021 should be prepared in parallel and should not be put at risk.

Saturday, March 7, 2020

EQE-disaster recovery plan

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

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

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

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

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

Sunday, February 23, 2020

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!

Thursday, December 19, 2019

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

Preparation:
- Check the exam times and plan to arrive early
- Since EQE 2017, an additional 30 minutes has been given for papers A, B, C and D (REE OJ 2019 SE2 - page 41) to help candidates who do not have English, French or German as their mother language. The papers are designed to be made in the official REE duration (e.g. 5 hours for C and D) but an extra 30 minutes is given to make it at the exam (e.g. 5.5 hours for C and D).
- Read through the rules regarding the conduct of the exam (REE OJ 2019 SE2 - page 36-40). See the warning here about possible problems.
- See here what candidates said last year about the location where you are taking the exam
- Be well rested in the days before the exam - many D candidates sleep badly on Monday night
- Take a suitcase with wheels, and limit the books to ones you have used in the last 6 months of your preparation
- For the A & B papers, if you need more practice, do the Mock A (Examiners' Report) and Mock B (Examiners' Report) for additional practice. There is also a video explaining the philosophy behind the combined technology papers which were given for the first time at EQE 2017.
- From EQE 2020 onwards, no opposition form will be supplied with Paper C, and no form should be handed in with your answer. Elements which used to be explicitly required in the form to ensure admissibility (complying with A.99, A.100 and R.76 EPC) should be included in your answer on a sheet of EQE paper.
- For the D paper, the marks available for DII (used to be 60 marks) will be reduced from EQE 2020 onwards (epi information 4/18 - pages 25). It may be different each year - check before you start by looking on the front page of the exam. Expect either 50:50 or even 60 DI:40 DII.
- They are now more critical when awarding full marks for the legal citation (legal basis) in DI. See here for some rules of thumb for optimising marks for legal basis.
- If you need a little help on DII, this presentation provides a basic methodology and some explanation of what they are looking for
- After doing the papers of 2019, look at the Tutors' Report to help with interpreting the EQE Compendium (epi information 4/19 - pages 40-52)
- If necessary, look here for some tips for reducing anxiety at the exam
- Be prepared to do the exams with a relatively small (possible as small as 60cm x 90cm) space. Normally, you can place books you don't need under the table.
- Look through the EQE Study Guide for other tips

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

Sunday, July 28, 2019

EQELIBRIUM camps - learning by doing EQE papers

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

Monday, February 11, 2019

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!

Saturday, February 9, 2019

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

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

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

Saturday, December 22, 2018

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.

Saturday, June 30, 2018

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.

Tuesday, December 26, 2017

Suggested list of books & things to take to the Main & Pre-Exam - EQE 2018

Preparation:
- Check the exam times and plan to arrive early
- Since EQE2017, an additional 30 minutes has been given for papers A, B, C and D (REE OJ 2017 SE2 - page 43) to help candidates who do not have English, French or German as their mother language. The papers are designed to be made in the official REE duration (e.g. 5 hours for C and D) but an extra 30 minutes is given to make it at the exam (e.g. 5.5 hours for C and D).
- Read through the rules regarding the conduct of the exam (REE OJ 2017 SE2 - page 27-29). See the warning here about possible problems.
- See here what candidates from last year said about the location where you are taking the exam
- Be well rested in the days before the exam - many D candidates sleep badly on Monday night
- Take a suitcase with wheels, and limit the books to ones you have used in the last 6 months of your preparation
- After doing the papers of 2017, look at the Tutors' Report to help with interpreting the EQE Compendium (epi information 4/17 - pages 20-29)
- For the A & B papers, don't forget to do the Mock A (Examiners' Report) and Mock B (Examiners' Report) for additional practice. There is also a video explaining the philosophy behind the combined technology papers which were given for the first time at EQE 2017.
- If necessary, look here for some tips for reducing anxiety at the exam
- Be prepared to do the exams with a relatively small (possible as small as 60cm x 90cm) space. Normally, you can place books you don't need under the table.
- Look through the EQE Study Guide for other tips

General:
- Photo identification (passport or drivers license)
- several black or blue pens (gel-pens are preferred for quick writing, but they can run out quickly). Make sure the pens are not too thin or bring ones with different diameters - as your hand gets tired, it gets more difficult to hold a thin pen.
- no electronic devices: only a wrist watch with an analogue display (and without any additional options) is allowed on your desk during the exam.
- make arrangements to leave your phone & laptops at home or in your hotel or in a train station locker. Or take an A4 envelope with you. See the warning here about possible problems.
- correction roller
- highlighters for use when reading the exam paper (don't use blue highlighters on anything that will be handed in as it will not copy well)

Thursday, July 6, 2017

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: ReportB: ReportC: ReportD: 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.

Saturday, July 1, 2017

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.
.

Monday, January 9, 2017

Suggested list of books & things to take to the Main & Pre-Exam - EQE 2017

Preparation
- Check the times: the addition of 30 minutes to each Main Exam paper has moved things around (the A-paper starts 30 minutes earlier!)
- Read through the rules regarding the conduct of the exam (page 38-42). See the warning here about possible problems.
- See what candidates from last year said about the location where you are taking the exam
- Be well rested in the days before the exam - many D candidates sleep badly on the Monday night
- Take a suitcase with wheels, and limit the books to ones you have used in the last 6 months of your preparation
- After doing the papers of 2016, look at the Tutors' Report to help with interpreting the EQE Compendium - source: epi information pages 14-23
- If necessary, look at some tips for reducing anxiety at the exam
- Be prepared to do the exams with a relatively small (possible as small as 60cm x 90cm) space. Normally, you can place books you don't need under the table.
- Look through the EQE Study Guide for other tips

General
- Photo identification (Passport or drivers license)
- several black or blue pens (we hear that gel-pens are preferred, but they can run out quickly)
- no electronic devices: only a wrist watch with an analogue display (and without any additional options) is allowed on your desk during the exam. See the warning here about possible problems.
- make arrangements to leave your phone & laptops at home or in your hotel or in a train station locker. Or take an A4 envelope with you. See the warning here about possible problems.
correction roller
highlighters for use when reading the exam paper (don't use blue highlighters on anything that will be handed in as it will not copy well)
- Pre-Exam only: 1-2 black medium soft HB pencils + suitable eraser + pencil sharpener