Calendars for EPAC 2023 & EQE 2024

Up-to-date exam calendars can be downloaded here. Please pass on quickly to any EPAC candidates – the exam will be held on 12 Oct 2023. We have also included a summary about the changes to the EPO’s 10-day notification rules because this is likely to be tested.

Calendars are no longer provided during the exam. Although the 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.

• For EPAC 2023, there is no clear info, but we expect that the weekends and closing days for EPO offices in 2021, 2022, 2023 and 2024 will be sufficient.
• For EQE 2024, you need to know the weekends and closing days for EPO offices in 2022, 2023 and 2024. The EQE Supervisory Board decided on 26 Jun 23 that the default Rules 126, 127 and 131 EPC to be applied are those in force on 1 Nov 23 (no 10-day rule). If candidates choose to apply Rules 126, 127 and 131 EPC as in force on 31 Oct 23 (10-day rule), this must be clearly indicated in their answers.

Indexed: PCT App. Guides / EPC Guidelines / UP Guide

The latest version of our Indexed WIPO-PCT Applicant's Guides (Jul 23) is now available. Together with our EPO-EPC Guidelines (Mar 23) and Unitary Patent Guide (Apr 22 = still in force), these books are useful as desktop references for daily use and for EQE study.

Our Indexed version improves on the official digital versions by abbreviating index entries, grouping them at the front to allow quick scanning, using page numbers to speed up finding pages, indicating sections with significant changes in the last 3 years, and fully using the page size to give a better overview of paragraphs. Relevant legal citations & references are underlined, making them easier to spot. We have retained the original order and numbering of the sections so they can also be used with any EPC / PCT legal reference, such as EPC.App and PCT.App.

Three editions of each are available in English:

• Study A4 Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting available from Pumbo via www.boekenbestellen.nl.
• Portable A4 Edition - using thinner 50gr "bible paper", which is thinner and lighter available from available from Pumbo via www.boekenbestellen.nl. Note that Printing-On-Demand on such thin paper can sometimes result in minor print quality issues.
• Study Letter Edition - using thicker 90gr paper, which is more suitable for intensive tabbing, annotating and highlighting available internationally from Amazon mainly for orders outside the EU (AU, CA, JP, UK, US). If you are within Europe, please support our highly-recommended printer Pumbo instead of using Amazon👍.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials.

The EPO-EPC Guidelines (EPC-GL) detail the procedures to be followed before the EPO. It covers their standard approach when dealing with direct EP and Euro-PCT applications, based on standard interpretations of the law and established case law. This book DOES NOT contain the EPO Euro-PCT Guide (EPG) or the EPO-PCT Guidelines.
This book also contains the EPO's Unitary Patent Guide (UPG), which outlines how to obtain an EU Unitary Patent. Note that the Unitary Patent is part of the legal syllabus for EQE2024:

"The syllabus of the EQE includes all updates and publications as defined in Rule 22 IPREE as at the syllabus cut-off date (31 October of the year preceding the examination). This includes inter alia, OJ EPO 2022, A41, which sets out the "Implementing Regulations on Unitary Patent Protection" before the EPO"

The WIPO-PCT Applicant's Guides (AG-IP and AG-NP) detail the main requirements and actions to be followed before the International Authorities and Designated / Elected Offices by applicant's.
This book also contains the WIPO Administrative Instructions (AI), detailing how Authorities should apply the PCT Rules, and including an overview of the applicant & office forms, the Request and the Demand Forms.
This book also contains Misc. PCT Info which are the useful overviews and FAQ's found on the WIPO website, such as which offices accept restoration of priority, fee tables, fee discounts, national security provisions and national entry time limits. This book DOES NOT contain the RO Guidelines (RO GL or GL/RO) or ISA/IPEA Guidelines (ISPE GL or GL/ISPE).

For EQE candidates, the EPO-EPC Guidelines and WIPO-PCT Applicant's Guides are considered essential for Pre-Exam and Paper D because most of the legal questions can be answered using the contents. Guidelines & Applicant's Guides are not legal basis themselves, but on Paper D, answers should always be supported by Articles and Rules citations. These versions are the official versions for EQE 2024 Main Exam & Pre-Exam. Note that many legal texts will be available digitally during the exam through WISEflow, including the contents of the EPO website and most parts of the PCT Applicants Guides. If you will rely on these electronic versions, make sure during the mocks that you actually have access because some networks and systems may block these connections.

Internet Resources & Calendars during EPAC 2022 & EQE 2023

During the exams, only LIMITED ONLINE ACCESS will be available. So, you will need to print references and CALENDARS yourself before the exam. WISEflow allows access via the Permitted Internet Resources menu to EPO Legal Texts (En / Ge / Fr) and PCT APPLICANT’s Guide (En / Fr) only.

We have made a set of Exam Calendars available, including the closing days from the EPO, as well as some guidance about using them and calculating time limits.

See IP.appify Blog post for more details.

September 2022: PCT.App update is now live!

The only digital PCT reference that is future-proof, self-customisable, & self-printable. In English & German. Paper books and an EPC version are also available.

We have just completed our major update of PCT.App for the legal changes in July & August. Most of the changes relate to sequence listings, which is now much more integrated into PCT. We have also changed some core structures to improve the layout and to distribute legal provisions in a more logical way.

In the self-editable online version of our PCT commentary, all changes of the update are rolled-out automatically, while personal user annotations from before the update are retained and can be exported into a customized printable PDF offline version. As usual, we further published this September 2022 edition as standalone softcover books in English or German with same content. 

See the post on the IP.Appify blog for more details.

Indexed EPO-EPC Guidelines (Mar 22) & Unitary Patent now available to order (EN)

For the order links, see: fireballpatents.com/study-materials

The EPO-EPC Guidelines for Examination detail the procedure to be followed before the EPO. It explains how the EPO implements the EPC, and covers their standard approach when dealing with the direct EP and Euro-PCT applications. These documented practices are based on standard interpretations of the law, internal policies and established case law, and can be used to predict the most likely objections and outcomes in a particular case. 

EPO practices are continuously updated, and once per year, the Guidelines are updated to reflect recent OJEPO's, G-decisions, J-decisions and selected T decisions. These EPO-EPC Guidelines (Mar 22) are expected to be legally valid from 1 Mar 22 to 28 Feb 23. 

We have also included the EPO's Unitary Patent Guide (Apr 22), which outlines how to obtain an EU Unitary Patent. The Unitary Patent is not yet in force, but it is expected to commence in early 2023. 

Our Indexed version improves on the official digital versions by abbreviating index entries, grouping them at the front to allow quick scanning, using page numbers to speed up finding pages, indicating sections with significant changes in the last 3 years, and fully using the page size to give a better overview of paragraphs. Relevant legal citations & references are underlined, making them easier to spot.

This book is suitable as a desktop reference for everyday use by attorneys and administrators. This is the most used reference for real life cases. We have retained the original order and numbering of the sections, so it can also be used with any EPC legal reference, such as EPC.App. 

It is also suitable for anyone studying European Patent Law and exam candidates. Exam candidates need to learn how the Guidelines are organised, what they contain (i.e. mainly EPO procedures, some substantive law) and how to find sections quickly. 

For EQE candidates, the EPO-EPC Guidelines are needed for each exam, and are considered essential for Pre-Exam and Paper D. The Guidelines are not legal basis themselves, but most of the EPC legal questions can be answered using the contents. However, answers should always be supported by Articles and Rules citations. The Mar 22 version is the official version for EQE 2023 Main Exam & Pre-Exam. Note that the Unitary Patent is not yet tested at the EQE.

Three editions in English are available (all have 532 pages):

1. Portable A4 Edition - using thinner 50gr "bible paper" to reduce the thickness to 17mm and the weight to 825g.
2. Study A4 Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting. It is 28mm thick and weighs 1375g.
3. Study Letter Edition - also using thicker paper, but made available through Amazon mainly for orders outside the EU (AU, CA, JP, UK, US). It is 31mm thick and weighs 1550g.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials

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 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

Mock Exam: 3 Feb 2022 0930-1700 => last chance to test your setup

Updated 3 Feb 22 during Mock. Thankfully, the technical and functional issues with WISEflow and LockDown Browser are much less than last year. But candidates can still have individual issues due to hardware / software incompatibilities or disabled permissions. 

WISEflow now has a list of computer recommendations, and provides user guides and troubleshooting. Experience form last year is that 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 most chance of issues were with a corporate laptop without administrator access, laptop with an internal and an external camera, intelligent firewalls, or active virus scanners.

Use this LAST CHANCE to test your setup to make sure that you will not have any technical issues during the exam, even if you have already participated in an earlier Mock. At least join at the start of the session to run through the ID checks, and participate for an hour or so to check that the webcam and monitoring continue to work. The currently available mock flows will remain open until 6 March 2022, but you will not be able to test on your own with full invigilation.

The Pre-Exam mock will use Pre-exam (2021): Part 3 only. The Main Exam flow will be a single flow with all 2021 exams (A, B, C, D) - you may use any of the papers. 

• The participant password is: abc

Things to do and to check:

• Turn off screensavers, sleep/hibernate functions, scheduled tasks like virus checking and backup, and delay windows updates.
• Printing. As in the real examination the printable parts will be made available approximately 10 mins before the start of the flow (you might have to refresh your browser page).
• Taking entry images. Hold your valid ID card or passport into the camera, next to your face. 
• Video and audio surveillance. Try the integrated chat widget (human invigilation will however be very limited). 
• If you have a technical issue during the mocks, contact the invigilators using the chat widget. If this is not working, these are mocks, so you can also ask in the EQE Telegram Groups for advice. 
  • If you are kicked out and need to get back-in, enter WISEflow and start the flow (Lockdown Browser) and complete the ID check (if necessary). The chat widget appears bottom right before you are asked for participation or administrator passwords. So, you can access it from any computer with an internet browser where LockDown Browser is also installed.
• The invigilator password was not shared in the e-mail, so you will have to request it from the invigilators if you have technical issues. The invigilator password is needed to enter the flow after the start, or to exit early. There are also other WISEflow functions that can be accessed when instructed by an invigilator, such as saving or printing.
• Practice using the External references to see if they can be accessed. You should also try to search in the EPO Guidelines using Advanced Search, and navigate to the National Law tables. 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.
• Practice opening tabs, copy/pasting into your answer, and searching in the exam. Try not using the computer for 10 minutes to see if your screensaver or sleep/hibernate freezes the system.
• Test commands and actions that you may need, such as Winkey-SPACE for changing keyboard layout, F5 (or click on Refresh icon), CTRL-ALT-DELETE to allow a different network selection.
• When you have practiced enough with the exam, you can see whether some of the actions that caused problems last year will still cause you to be kicked out. For example, using ALT-TAB and multiple-finger gestures on a touchpad. 
• On my system: hitting ALT-TAB ONCE generates a warning that it is an unauthorised action, and if repeated will require the adminstrator password to continue.

EQE 2022 bug fixes, and lessons learned from EQE 2021

During the annual EQE Tutor's meeting on 19 & 20 Oct 2021 (online this year), EQE 2021 was discussed in detail, as well as the expectations of changes to be implemented for EQE 2022. The general approach is to slowly improve the issues: each change needs to be thoroughly tested to make sure improvements work reliably and do not make things worse. I have now tried the updated WISEflow platform and summarised the most important points and tips relevant for EQE 2022 based on the meetings and the experiences from candidates last year.

1. General advice:

• Watch the EPO’s EQE pages for updates: EPO EQE online page, EQE Notices & Downloads, EQE FAQ's
• Join the EQE Telegram groups to discuss issues with other candidates: Main group (283 members), Study group (108 members), ABC&PE-claims (167 members), D&PE-legal (137 members) and Marketplace (58 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.
• WISEflow and LockDown browser provide limited possibilities compared to daily online working, so practice as much as possible with them.
• Do as many mocks as possible, even if you have not had any problems before. If short on time, at least do the initial part where the photos are taken and the flow is started. 
• Practice using the External references, and decide beforehand what will be faster to look up on paper, and what will be faster online. 
• Maximise your typing speed by taking an online typing course and using a comfortable keyboard / mouse. Become less dependent on answering on paper.

2. General IT advice = avoid issues

• Although helpdesk will be available and there are possibilities for complaints and even appeal, any issues during an exam will cause at least 20 minutes to be lost, and there is a minimum amount for marking that you must hand-in to be awarded a pass. So, it is better to avoid issues as much as possible.
• Lockdown browser is designed differently to other apps - it is not designed for stability, but to continuously monitor and to crash when something suspicious is detected. On startup, certain applications are closed. During operation, anticipated "forbidden" actions are blocked. But there will always be situations that are unexpected and unanticipated, particularly when running on the many different hardware/software configurations.
• Software is being continuously updated, so past positive results during mocks do not guarantee that you will have no issues during the exams. 
• Least chance of 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.
• Don't use: hardware and apps you do not need, VPN (changes to IP address crashes LockDown Browser), and docking stations/port replicators.
• Turn off: screensavers, sleep/hibernate functions, scheduled tasks like virus checking and backup, and delay windows updates.
• Most chance of issues: corporate laptop without administrator access, laptop with an internal and an external camera, intelligent firewalls, or active virus scanners.

 3. Advice about EQE 2022 Exams

• Expect the 2022 exams to look very similar to the 2021 exams. Making exams takes 2-3 years in total, so the EQE 2022 exams cannot be fully adapted to the online format. It is not easy too split an existing exam into parts. EQE 2021 exams also had this problem - splitting was done by the relevant committee under responsibility of the Examination Board.
• The version of WISEflow and LockDown Browser available at Christmas 2021 will be the final one.
• More than one answer is frequently accepted (decided after the exam). But you can still fail if you are an acceptable answer track, and don't hand in enough to be marked. Make sure you hand-in as much as possible. 
• B exam will be still be difficult because you cannot easily compare - no side-by-side viewing of tabs.
• C exam will be difficult because of the split into two parts.

4. WISEflow and LockDown improvements for EQE 2022

• Current version: LockDown Browser 2.07.07 - 18 Dec 21
• Can now annotate exams when opened in a tab. Comments can be added, text can be highlighted, shapes can be added. These annotations are visible in all tabs where the exam is opened.
• Opening too many tabs used to longer crash the LockDown Browser. The maximum number of tabs depends on the display size. Now, a warning is generated that tabs must first be closed before new tabs can be opened.
• Can now apply strikethrough to text in the answer to be handed in.
• Copy paste seems to me to be improved. However, this is a problem where they do not understand what the cause of the problem is, so it is not certain it will work well on all exams.
• The invigilation has been integrated into a green hover button/window which remains on top in the answer tab. 
• Language switching of assignment has been changed to avoid the D1.1 problem in 2021.
• Side-by-side viewing of tabs is still not possible. Only the exam preview window can be viewed next to the answer tab, which is very limited in functionality.
• Pre-exam: the three languages have been separated in the questions, but not in the answers.
• ALT-TAB caused problems last year with crashes after being entered twice. It was stated during the 2022 exams that that it will just have no function. I have not seen any any problems during the mocks. I will try again in the full-function mocks in January.

Click READ MORE for other comments from Tutor's Meeting

EPO as a PCT Authority (31 Oct 21) now available to order

EPO as a PCT Authority collects and organises the implementation details when the EPO operates under PCT It covers PCT filing (RO), search (ISA, SISA), and examination (IPEA) before the EPO. It also covers PCT-Direct, Supplementary PCT Search, regional entry into the European phase (DO/EO), and formalities after EP entry.

It is useful for daily practice by those dealing with the EPO. It also includes references considered essential for EQE exam candidates. 

It includes Indexed Versions of PCT-relevant Guidelines:

• Euro-PCT Guide (EPG) - 1 Jan 21
• EPO-PCT Guidelines (GL/PCT-EPO) - 1 Mar 21
• EPO Guidelines (GL/EPO) – PCT part only (Ch. E-IX) - 1 Mar 21

Our Indexed Versions improves on the official version by grouping the index entries at the front and abbreviating entries to allow quick scanning, using page numbers to speed up getting to the correct page, indicating sections with significant changes in the last 3 years, including the complete official sources, retaining the original paragraph structure and the underlining of the legal citations, and modifying the contents to fully use the page size, giving better overviews of paragraphs.

It also includes:

• Patent Prosecution Highway (PPH) and Validation procedures
• OJEPO Decisions, Fees & Reductions for PCT
• PCT Annexes for EPO as RO / (S)ISA / IPEA / DO-EO
• PCT Applicant Forms & EP Entry Form 1200
• Examples of PCT-related EPO communications

This version reflects the legal status on 31 Oct 21, so it is the official version for EQE 2022 Main Exam & Pre-Exam. See this post for comments on which legal texts to use. Note that answers at the EQE based on EPG and EPO-PCT Guidelines should be supported by EPC Articles, Rules, GL/EPO Guidelines (IPREE R.22) citations.

New this year is the A4-format (210 x 297mm) created by Ignacio Lobato, which reduces the page count. We now offer two versions, both with black and white contents:

1) Portable Edition - 17mm thick, using thinner 50gr "bible paper" to reduce the thickness and the weight to 750gr.

2) Study Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting. It is 26mm thick and weighs 1250 gr.

We have also extended the details on Patent Prosecution Highway (PPH), added translation details to the EPC state overview, and extended the details on validation (including procedural flowcharts). Some of these EPO-specific details have been moved from the PCT Global Reference book.

The National Law & Validation book will no longer be produced. Access to www.epo.org during the exam will be available through External References, and online is the quickest way to find the required up-to-date National Law details. I have also moved the Validation details to EPO as a PCT Authority.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials

Don't print WIPO Applicant's Guide for EQE 2022 - 2150 pages!

Every year, WIPO produces a printable version of the complete PCT Applicants Guide, including annexes for 154 States, specifically for the Pre- and Main Exams. Their 31 Oct 2021 version can be found here. It is 2150 pages and much of it will never be required at the exam. 

Providing a digital version has a low priority for EQE 2022, with resources being concentrated on improving the WISEflow exam interface. As noted in a recent post, online access will only be available to the www.epo.org domain during the exam. 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, so you will still need these PCT details on paper.

For many years, I have been making a cut-down PCT Global Reference to lighten the load and to save a few trees. Based on the syllabus, the Regulations, past papers and comments from Examination Committees, I have limited it to "only" 900 pages. There are also a lot of useful overviews from the WIPO/EPO website that WIPO did not include, so I have added about 300 extra pages, for a net saving of 850 pages. 

The latest edition is now available in two parts, and the links are here with my other study materials. The downloadable version is expected in Jan 2022. There will be two versions of the PCT Global Reference (31 Oct 2021):

• Two 16x23cm books (Part 1 & 2) for ordering. Both parts must be added separately to the basket. They comprise 1300 pages. After printing on thin bible paper, they weigh 1200g together, and are usually delivered in 10-14 days.
• Two A4 files (Part 1 & 2) for download. They comprise 1300 pages and are provided free of charge for own printing. Please distribute to anyone who wants to use them for any non-commercial and unmodified use.

New this year is that I have taken out some of the EPO-specific materials to make room for more coverage of the most frequently used RO's and DO/EO's, and more Practical Advices. These EPO-specific materials have been added to the separate EPO as a PCT Authority book which has been updated to the 31 Oct 21 status. 

The National Law & Validation book will no longer be produced. Access to www.epo.org during the exam will be available through External References, and online is the quickest way to find the required up-to-date National Law details. I have also moved Validation details to the separate EPO as a PCT Authority book which has been updated to the 31 Oct 21 status.

Hopefully, a digital version will be available for EQE 2023, or the syllabus will be officially limited to reduce the number of States that could be asked about.

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

• Only for TARGETED look-up - you can WASTE A LOT OF TIME searching and reading. Under stress, you will not be able to properly understand references you have never seen before. 
• Advanced website search: Home >Search 
• link is on EPO home page and at bottom right on Legal Texts page
• search can be limited to specific language and specific legal texts
• EPO office holidays: Home >Service & support >Official holidays
• Extension / Validation OJEPO's: Home >Law & practice >Legal texts >Extension/validation system
• London Agreement: Home >Law & practice >Legal texts >London Agreement
• National Law Tables: Home >Law & practice >Legal texts >National law relating to the EPC
• EPO-EPC Guidelines: Home >Law & practice >Legal texts >EPC Guidelines
• OJEPO's: Home >Law & practice >Legal texts >Official Journal
• OJEPO Search: Home >Law & practice >Legal texts >Official Journal >Search
• link is at left on Official Journal page
• search can be limited to specific language, parts of of OJEPO and specific dates
• EPO Fees: Home >Applying for a patent >Fees >European (EPC) fees
• EPO-PCT Guidelines: Home >Law & practice >Legal texts >PCT-EPO Guidelines
• International Applications (PCT): Home >Applying for a patent >International route (PCT)
• Euro-PCT Guide: Home >Applying for a patent >International route (PCT) >Guide for applicants

Other External References (only in emergencies)

• Look first for established Case Law in EPO Guidelines and G-Decisions. 
• BoA Case Law: Home >Law & practice >Boards of Appeal >Case Law of the Boards of Appeal
• BoA Case Law Search: Home >Law & practice >Boards of Appeal >Search decisions

For details on official Guidelines versions, click READ MORE.

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.

Indexed EPO-EPC Guidelines (1 Mar 21) now available to order

The EPO-EPC Guidelines for Examination (www.epo.org) covers EPO procedures during filing, search, examination, grant & opposition of EPC applications filed at EPO. Entry of PCT applications into the EP phase is also briefly covered.

This Indexed Version includes the complete official GL/EPO (EPO/EPC Guidelines), which are considered essential for exam candidates, and for professionals dealing with European patent applications in their daily life.

This version is valid from 1 Mar 2021 to 28 Feb 2022. It is the official version for EQE 2022 Main Exam & Pre-Exam. See this post for comments on which legal texts to use.

Note that answers at the EQE based on EPO-EPC Guidelines should be supported by EPC Articles, Rules, GL/EPO Guidelines (IPREE R.22) citations.

Our Indexed Version improves on the official version by:

• grouping the index entries at the front and abbreviating entries to allow quick scanning
• using page numbers to speed up getting to the correct page
• indicating sections with significant changes in the last 3 years
• including the complete official sources, and retaining the original paragraph structure and the underlining of the legal citations
• modifying the contents to fully use the page size, giving better overviews of paragraphs

New this year is the A4-format (210 x 297mm) created by Ignacio Lobato, which reduces the page count from 990 pages to 488. We now offer two versions, both with black and white contents:

1) Portable Edition - 16mm thick, using thinner 50gr "bible paper" to reduce the thickness to 26mm and the weight to 800gr.

2) Study Edition - using thicker 80gr paper, which is more suitable for intensive tabbing, annotating and highlighting. It is 26mm thick and weighs 1250 gr.

For more details, including the order links, and sample pages, see: fireballpatents.com/study-materials

EQE 2022 - which legal texts to use?

 

17 Dec 21: this post has been updated here.

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

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

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

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

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

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

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

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

General recommended:

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

Summary for Main and Pre-Exam EQE 2022: 

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

CLICK BELOW for the background and explanations: 

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

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

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

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

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

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

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

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

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

EQE 2021 - which legal texts to use?

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

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

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

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

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

General recommendations:

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

Summary for Main Exam EQE 2021:

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

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

See below for the background and explanations:

Jetzt neu: indizierte EPÜ-Richtlinien des EPA – 1 Nov. 2019 auf Deutsch

Thanks to Dr. Marc Loschonsky for getting this ready - the 1 Nov 2019 version of our Indexed Guidelines is now available to order in German. 

Sorry it is late for EQE 2020 - it is a lot of work to get the first version ready. In future years, we expect it to be ready about the same time as the English version.

See here the comments about using it at EQE 2020.

It is also suitable for daily life, and for those studying for EQE 2021 (Main Exam or Pre-Exam).

It is 3.2cm x 16x23cm pages, 982 pages, 930g, and printed on the thin 50-gr bible paper.

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

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

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

Which version of the EPO and EPO-PCT Guidelines to use for EQE 2020?

** See amended advice here: EQE 2021 - which legal texts to use? ** 

The syllabus is defined in Regulation on EQE (REE) A.13 and IPREE R.2 and R.22 (latest: OJEPO 2019,SE2). R.22 specifies that legal texts valid on 31 Oct in the year before the exam are relevant. This cut-off was intended to simplify EQE preparation, as the new versions of the EPO Guidelines (Guidelines for Examination in the EPO) and the EPO-PCT Guidelines (Guidelines for Search & Examination at EPO as PCT Authority) only enter into force on 1 Nov each year. So the "older" versions, published 18 months before the EQE, are the official ones.
In practice, the choice is more complicated - for your daily work, you need to be familiar with the most up-to-date versions, and preparing for the Pre-Exam and Main Exam are done in consecutive years, meaning that you may have to consider at least three versions. The EPO Guidelines may also be relevant for any paper, not just the legal part.

Option 1: use "older" (official) versions
- the versions valid on 31 Oct 2019, published on 1 Nov 2018.
- this seems straightforward, but OJEPO publications and legal changes between 1 Nov 2018 and 31 Oct 2019 still need to be monitored.
- also look through the changes made in the 1 Nov 2019 "newer" versions, as most of these are based on changes known in early 2019
- this is the version expected by the Examination Committees when a EPO or EPO-PCT Guideline reference is given


Option 2: use "newer" versions
- the versions which will still be valid on 31 Oct 2020, published on 1 Nov 2019 (note that these will be the official versions for EQE 2021).
- OJEPO publications and legal changes between approx. Apr 2019 and 31 Oct 2019 still need to be monitored as not everything may have been amended in the Guidelines. But there is less chance of missing anything.
- this is less preferred by the Examination Committees, but candidates are not penalized for using a newer version (this was confirmed at the Tutor's Meeting in October 2019), but the version (year) should be indicated at least once for each paper.

Conclusion:
- both options can be equally successful. 95% of the Guidelines are unchanged, and if you know them inside out, you will be able to answer most EPC-related questions.
- if you mark up your Guidelines, it is probably makes sense to use option 1 for the Pre-Exam and option 2 (same version) for the Main Exam one year later.

Reference books:
I have Indexed versions available here, which are compact in size, and simplify and speed up finding things. The index also indicates major updates made in the last 3 years:
- Indexed EPO Guidelines - "older" version (1 Nov 2018 - EN) or "newer" version (1 Nov 2019 - EN/DE)
- EPO as PCT Authority - "older" version (1 Oct 2019) or "newer" version (1 Nov 2019)
--- this is a new reference book, which includes indexed versions of the EPO-PCT Guidelines and Euro-PCT Guide (EPG).