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.

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: 

EQE 2021 - which legal texts to use?

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

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

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

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

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

General recommendations:

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

Summary for Main Exam EQE 2021:

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

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

See below for the background and explanations:

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

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

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

National Law & Validation for EQE 2020

For the D paper, it is important to have up-to-date details from the National Law tables, particularly if there is a DI question on the translation requirements after grant, for example.

Unfortunately, the printed version of the National Law book is no longer available from the EPO. The latest version from Oct 2019 (360 pages) is here and can be printed on A4 paper yourself. But, not everyone likes the horizontal tables, and the small font makes it difficult to read if printed on A5 paper.

I have produced an up-to-date version using the latest info from the EPO website. Tables I and VIII are irrelevant for the EQE, so leaving them out saves 150 pages. I have added an index, page numbers and included the validation overviews published in the OJEPO for Morocco, Moldova, Tunisia and Cambodia.
New this year: the page size is 10% bigger to improve readability; the former Yugoslav Republic of Macedonia (MK) is now North Macedonia (MK); and mention is made of Georgia (GE) signing a validation agreement on 31-10-19, but it is not yet in force.

My book is 380 pages, 160 x 230mm x 12mm, 375g, printed on thin (50g paper) double-sided paper. The link is on my patent firm's website.

Most of the contents are sourced from EPO websites and Official Journal, and no copyright is claimed for these parts.

Good luck at the EQE,
Pete Pollard

My printable National Law Book for EQE2019

For the D paper, it is important to have up-to-date details from the tables, particularly if there is a DI question on the translation requirements after grant, for example.

Unfortunately, the printed version of the National Law book is no longer available from the EPO. The latest version from Oct 2018 (360 pages) is here and can be printed on A4 paper yourself. But, not everyone likes the horizontal tables, and the small font makes it difficult to read if printed on A5 paper.

I have produced an up-to-date printable version - downloadable from my patent firm's website - using the latest information from the EPO website which has a bigger font. Tables I and VIII are irrelevant for the EQE, so leaving them out saves 150 pages. I have added an index, page numbers and included the validation information published in the OJEPO for Morocco, Moldova, Tunisia and Cambodia.
New this year: headers on each page indicating the table shown, better formatting, additional banners to show the different sections of the tables, and a useful overview of states showing dates of accession to Paris, EPC, PCT, PCT national entry time limits, whether PCT national routes are closed and whether validation is automatic after grant. The EPO has also added a new table VI. B renewal fees after successful petition for review.

My book is 430 pages - to save paper when printing, it should be printed with 2 pages on each side of an A4.

For those who cannot easily print out several hundred pages, you can also order a copy on double-sided A5 paper.
Update (17/1/19): the thin paper is availabe for new orders. See the links on my patent firm's website.

Most of the contents are sourced from EPO websites and Official Journal, and no copyright is claimed for these parts.

Good luck at the EQE,
Pete Pollard

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

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

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

• A5 paper version (21 x 14cm):

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

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

• A5 paper version (21 x 14cm):

National Law & Validation

1.5cm thick

456 pages (375g)

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

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

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

Good luck!

My printable National Law Book for EQE2018

For the exam, it is important to have up-to-date details from the tables, particularly if there is a DI question on the translation requirements after grant, for example.

Unfortunately, the printed version of the National Law book is no longer available. The last version from Oct 2017 (355 pages) can be found here and can be printed on A4 paper yourself. But, not everyone likes the horizontal tables, and the small font makes it difficult to read if printed on A5 paper.

I have produced an up-to-date printable version - downloadable from my patent firm's website - using the latest information from the EPO website which has a bigger font. Tables I and VIII are irrelevant for the EQE, so leaving them out saves 150 pages. I have added an index, and also included the validation information published in the OJEPO for Morocco & Moldova.

My book is 456 pages - unfortunately, it is difficult to further reduce the length due to the way that the EPO website generates the printable pages. Unfortunately, it is difficult to further reduce the length due to the way the EPO website generates printable pages. So either you use this, or print the official one (355 pages) on A4 paper. Feel free to pass on the link to anyone who needs it. To save paper when printing, it should be printed with 2 pages on each side of an A4.

As I have included information on the validation states, I have titled the book "National Law and Validation Agreements".

• Tables I and VIII are irrelevant for the EQE, so leaving them out saves 150 pages. 
• I have added an index with some reminders about what is in each table
• I have added some legal basis
• I have included the validation information published in the OJEPO for Morocco & Moldova which has not yet been added to the on-line version of the tables.