European Qualifying Examination Guide for Preparation L 2Nd Edition

European qualifying examination Guide for preparation l 2nd edition

Table of Contents

Preface 4

Foreword 5

Chapter I The European qualifying examination 9

Chapter II Overview of work organisation during the preparation period 19

Chapter III Study topics - suggested timetable 25

Chapter IV EQE preparation checklists 47

Chapter V Some tips and tricks 55

Chapter VI After the Examination 59

Chapter VII Reference material, literature, courses and training 65

3 Preface

Established in 1979, the European it, so please do not hesitate to send qualifying examination (EQE) is us your comments and suggestions widely regarded as one of the most ([email protected]). diffi cult and demanding professional examinations, both intellectually and This guide has been prepared by the physically, with candidates required European Patent Academy of the to prove their aptitude and knowl- European Patent Offi ce (EPO), the edge in four papers spread over three Centre d’Etudes Internationales pour consecutive days. la Propriété Intellectuelle (CEIPI) and the Institute of Professional Repre- Although 80% of all candidates who sentatives before the EPO (epi). It enrol for the EQE are fi nally suc- does not necessarily represent the cessful - some of them only after views of the EQE Examination Board many attempts - the success rate of or the Examination Committees. fi rst-time candidates is just 30-40%. This can be frustrating for candidates, It is emphasised that this guide is their families, supervisors, tutors and only intended to provide explana- employers alike. tion and information relating to the EQE - it does not replace any offi cial This guide has been designed to bring publication relating to the regulations together a wealth of advice, experi- on the examinations. Candidates ence and information, including are strongly advised to consult these recommended training courses, from offi cial publications, in particular the members of the joint EPO/CEIPI/epi Regulation on the European qualify- working group, previous candidates ing examination for professional rep- and supervisors/tutors, to help candi- resentatives (REE) and its Implement- dates prepare for the EQE. ing provisions (IPREE), both published on the EPO’s website. The usefulness of the guide depends very much on what candidates and © European Patent Organisation 2010. their supervisors would like to see in All rights reserved.

4 Foreword

There are few examinations that – a better understanding of what the require candidates to demonstrate EQE is such a wide range of technical, legal – an appropriate order in which to and administrative knowledge as the tackle the subject-matter that has European qualifying examination to be covered over a number of (EQE). Passing the examination means years entering a profession that is challeng- – ideas on how much time is prob- ing and rewarding - and practition- ably going to be needed for each ers provide an invaluable service to step innovation in Europe. – hints on examination techniques Taking the examination is only the – a brief insight into how the Ex- ﬁ rst step of a long and arduous amination Committees mark the journey: once you have passed, an papers unfailingly interesting and intellectu- – lists of other training material and ally demanding job awaits you. courses.

This guide is a collection of explana- This collection has been compiled tions, information and advice that not only from ofﬁ cial information gives candidates a head-start in or- sources, but also in the light of the ganising the time they spend prepar- experience of previous candidates, ing for the examination. It will allow their tutors and their supervisors. them to channel their efforts so as to Candidates can beneﬁ t from this maximise their chances of passing the wealth of knowledge and avoid com- examination. It offers: mon pitfalls.

This is the second edition of the guide. Amendments were made necessary by changes to the Regulation on the European qualifying examination for professional representatives

5 (REE) and its Implementing Provisions account of changes in the regulations (IPREE). The structure of the examina- and feedback from candidates and tion has changed considerably, mainly trainers received after the publication due to the introduction of a pre- of the fi rst edition in 2009. examination, which will be held for the fi rst time in 2012. This change is This guide can certainly be further im- refl ected in an amended Chapter I. proved. We would therefore welcome any comments or suggestions which A new chapter has been added with a could make a future edition even detailed list of study topics, highlight- more useful to candidates (studying key areas and a suggested study [email protected]). timetable. All other chapters have been amended more or less to take Good luck in the examination!

Helge Rasmussen Kim Finnilä Christophe Geiger Executive Director President General Director European Patent epi CEIPI Academy, EPO

6 7 8 Chapter I The European qualifying examination

“The EQE is designed to establish whether a candidate is qualiﬁ ed to practise as a professional representative before the European Patent Ofﬁ ce.”

About the examination The Supervisory Board is advised on the conduct and results of the ex- The European qualifying examination amination by the Examination Board, (EQE) is organised and conducted by also consisting of employees of the a Supervisory Board, an Examination EPO and members of the epi (four Board, Examination Committees and each). Its chairman - again alternately an Examination Secretariat. a member of the EPO and the epi - is also appointed by the President of The Supervisory Board, consisting of the EPO. When the chairman of the two members from the EPO and two Supervisory Board is a member of the members from the epi, is chaired by epi, the chairman of the Examination one of its members who is appointed Board has to be an employee of the by the President of the EPO and is EPO and vice versa. Supervisory or either an employee of the EPO or a Examination Board members of the member of the epi. Every two years, epi always have to be nominated by the chairmanship alternates between the President of the epi before they an employee of the EPO and a mem- can be appointed by the President of ber of the epi. The main duties of the the EPO. Other duties of the Exami- Supervisory Board are to determine nation Board include instructing the the nature, structure and number Examination Committees on how to of examination papers and the time mark the answer papers consistently allowed for each, to monitor and and deciding on pass or fail. evaluate the conduct and results of the examination, and, where neces- The President of the EPO also ap- sary, to amend the Implementing points, on a proposal from the Provisions to the REE (IPREE). It also Examination Board, the members of takes care of the ﬁ nancial aspects of several Examination Committees. The the examination. Committees, responsible inter alia

9 for preparing the examination papers examination must have obtained a and marking sheets, marking the an- pass grade in the pre-examination. In swers and proposing the grades to be other words, every candidate enrolled awarded, are also made up of mem- for the fi rst time to sit the examina- bers of the epi and employees of the tion in 2013 and thereafter (because EPO. The number of epi members on only then will he or she have been each Committee must be at least half able to fulfi l all the requirements, the total. Each examination paper is e.g. the three-year or other period marked by two markers. of training) will have to have passed the pre-examination in 2012 or later. The Examination Board and Com- Transitional provisions for candidates mittees are supported, and provided already in the system will apply. The with administrative facilities, by an pre-examination will consist of one Examination Secretariat consisting written paper, for which a maximum of EPO employees. The Secretariat of 100 marks can be awarded. A can- prepares and organises the examina- didate will pass the paper if he or she tion and is in charge of registration obtains at least 50 marks. A compen- and enrolment. sation system does not apply to the marking of pre-examination papers The (main) examination comprises (see page 12 below). four (written) papers: A, B, C and D. Each of papers A and B is offered in The examination is held once a year, the technical fi elds chemistry and usually at the beginning of March, electricity/mechanics. Candidates over three consecutive days. Paper D can opt for one of these technical is on the fi rst day, papers A and B on fi elds. Papers C and D are the same the second day, and paper C on the for all candidates. Candidates can third day. The pre-examination will be choose whether they sit one or more held during the same period. papers in a given year and are free to select the paper(s) they sit. They can, The maximum number of marks however, only re-sit papers they have that can be awarded in the (main) previously failed. examination is 400. Of these, 100 marks are assigned to each paper, In 2012, a pre-examination will be 50 being the pass mark. In order to held for the fi rst time. Thereafter, pass, candidates must score at least candidates who apply to be enrolled 200 marks overall, and a minimum of for the fi rst time for the (main) 50 in each paper. However, they can

10 benefi t from an offsetting arrange- The EQE is held simultaneously in ment whereby, under certain circum- all locations, i.e. if a paper starts at stances, a mark of between 45 and 50 09.00 hrs in Munich, it has to start at can be offset by better marks in other 08.00 hrs in Bristol. Expected venues papers (see below). The answers are for 2011 are Berlin, Berne, Bristol, marked anonymously. Helsinki, Madrid, Munich, Paris, Rome, Stockholm, Taastrup and The Hague. Each of the examination papers is At least 50 candidates need to enrol drawn up in the three offi cial lan- for an examination paper at each guages of the EPO (English, French location. and German). You can choose the offi cial language in which you wish Candidates may enrol for the EQE to read and answer the questions. if they have completed a full-time It is assumed that you will read training period of at least three years and answer the questions in the under the supervision of a profes- same language unless you indicate sional representative or have worked otherwise. At the time of enrolment, full time for at least three years as an you can also state whether you wish employee fully responsible for patent to write your answers in an offi cial matters in an industrial company language of one of the contracting established in one of the contracting states. You can then use either an EPO states (evidence must be provided offi cial language or the language of that the employer acts as a repre- a contracting state or both to answer sentative before the EPO in a wide the questions. The Examination Sec- range of capacities). In a few cases, retariat then has the relevant parts particularly if a candidate has com- translated. pleted certain IP courses, a reduction in the three-year requirement may be Your supervisor should ensure that granted (Rule 16, IPREE). EPO examin- you are well prepared in terms of your ers must have worked as such for at language profi ciency. Dictionaries least four years prior to enrolment for and reference material such as the the examination. Guidelines for Examination, the PCT, an annotated EPC and so on, which Candidates may sit the pre-exami- you will have to bring with you, can be nation after completing a full-time used during the examination as long training period of at least two years. as they are in paper form. The use of electronic devices is not permitted.

11 The enrolment form can be down- The following is a brief description of loaded from the EPO website and the individual papers. The Examina- then sent to the EQE Secretariat. The tion Committees are not obliged to dates, fees and other details of the apply the same marking system every examination, such as information year, so this information is for guid- about courses that might lead to a ance only. reduction in the required period of employment before enrolment, are published every year in the Ofﬁ cial Pre-examination Journal and on the EPO’s website (www.epo.org/patents/learning/ In the pre-examination, which can qualifying-examination.html). generally be taken two years after the beginning of their period of training, Candidates should bear in mind that candidates are required to give evi- the registration deadline is quite dence of their expertise in certain le- some time in advance of the exami- gal areas and to answer questions on nation, usually in July of the previous at least one technical proposal, one year. A second deadline applies to draft claim in respect of that techni- candidates who are not enrolling for cal proposal and at least one relevant the ﬁ rst time, but only if they sat the prior art document. Important points examination the year before. to consider when answering these questions include various aspects It is recommended that candidates of claim analysis (novelty, inventive and supervisors take the time to read step, the problem-solution approach, the rules governing the examina- inadmissible extension of the scope tion carefully (www.epo.org/patents/ of the patent application, and clarity learning/qualifying-examination. of the claims). html). Shortly after beginning their training, candidates should register It has been suggested that the with the Examination Secretariat pre-examination could be given a (Rule 28, Implementing Provisions multiple-choice format, but candi- REE) as soon as this rule has entered dates are advised to closely follow the into force. As this has yet to happen, information provided on the EPO’s there will be a transitional regula- website (see: “Possible format for a tion for candidates who have already future pre-examination” at www. started their training. epo.org/patents/learning/qualifying- examination.html).

12 A mock pre-examination can also be short introduction (i.e. that part of taken online (www.eqe-online.org/ the description which proceeds the questions/mock-pre-exam/). Can- examples or the explanation of the didates’ attention is drawn to the drawings - make sure you include fact that the questions in this mock the fi eld of the invention, the prior pre-examination were extracted from art, the problem to be solved and its previous examination papers. The solution) for one European patent marking scheme is explained in the application must also be drafted. instructions to candidates for prepar- The application also has to fulfi l the ing their answers. Wrong answers requirement of unity. In case you seek and failure to answer result in the to protect more than one invention deduction of points. As indicated on in more than one application, it is the website, candidates cannot take expected that you clearly identify the this format for granted, as other op- features of the independent claim(s) tions are on the cards. of the further invention(s) in a note to the examiner. By analysing answers The pre-examination will be held for to examination papers from previous the fi rst time in 2012 and will last four years, and comparing them with the hours. examiners’ reports (both published in the Compendia: http://www.epo. org/about-us/publications/legal- Examination professionals/eqe-compendium.html), you will understand what needs to be Paper A - Drafting paper included.

In this paper candidates are provided Time allowed: 3 hours (morning of with a ﬁ ctitious letter from a client day 2) describing a recent invention, its development and the related prior art Examiners’ reports from previous at hand. You have to compare the cli- years contain information about the ent’s invention with the prior art, and allocation of marks to independent establish whether a patentable inven- and dependent claims as well as the tion has been made. You then have introduction of the patent applica- to draft claims covering the invention tion. and offering the client the broadest possible protection while complying with the requirements of the EPC. A

13 Paper B - Reply paper gue that the claimed subject-matter involves an inventive step. Make sure In 2011 and 2012, paper B will require you fully understand the correct use you to prepare a reply to an offi cial of the problem-and-solution ap- communication in which prior art has proach. It is strongly recommended been cited with respect to a previ- to correctly apply this approach when ously fi led application (different from answering paper B. that in paper A). You are expected to respond to all the objections raised in Time allowed: 4 hours in 2011 and the offi cial action, submit an amend- 2012, 3 hours from 2013 (afternoon of ed set of claims, if appropriate, and day 2) justify the amendments. The amendments should comply with the EPC Paper C - Opposition paper and, as in paper A, offer the client the broadest possible protection for all The third paper involves drafting a his inventions. Here again, informa- notice of opposition to a European tion about the allocation of marks to patent. You are provided with a letter the individual parts of a candidate’s from a client, a European patent to be answer can be found in the Examin- opposed, several documents and an ers’ reports from previous years. EPO opposition form. The client’s let- Marks may be allocated to amend- ter raises several questions, and you ments and to relevant arguments. have to choose whether to answer them in your reply to the client or, From 2013 onwards, there will still be if possible, deal with them directly the same requirement to reply to an in the notice of opposition. You also offi cial communication. In addition to have to select the prior art and decide prior art referred to in this communi- how to use it to attack the patent in cation, you will also receive a client’s suit. In recent examination papers, letter containing instructions about around 5-10 marks of a total of 100 the way he wishes to proceed with were awarded for answers to brief the European patent application and legal questions asked by the client a draft set of claims, to be amended if (language, fee reduction, representa- appropriate, and fi led together with tion, etc.). The rest of the marks were the response to the communication. split between the candidates’ use of the information (choice of prior art, In your reply to the communication, documents selected in respect of nov- you will almost certainly have to ar- elty, where to fi nd the features of a

14 claim, etc.) and their arguments (how DI will be worth 40 marks, divided to combine the documents for an between your replies to each of the inventive step attack, correct use of legal questions, the legal basis for the the problem-and-solution approach, conclusion you reached, and a short etc.). An overview of the distribution statement of reasons. All these as- of marks for previous examinations pects must be covered in your answer can be obtained from the compendia. - check the examiners’ reports for previous examinations and compare Again, make sure you understand them with the candidates’ solutions how to correctly apply the problem- provided in the Compendia (http:// and-solution approach used at www.epo.org/about-us/publications/ the EPO when arguing against the legal-professionals/eqe-compendium. presence of an inventive step. If you html). A maximum of 60 marks will cannot use this approach correctly, be awarded for DII. The sum of the your chances of passing paper C are marks you obtain in DI and DII will minimal. make up your total mark for paper D.

Time allowed: 6 hours in 2011 and From 2013 onwards, paper D will be a 2012, 5 hours from 2013 (day 3) single paper comprising the previous parts DI and DII. It will be worth a to- Paper D - Legal paper tal of 100 marks and will last 5 hours (morning of day 1). In 2011 and 2012, paper D will consist of two parts: DI and DII. Part DI con- sists of legal questions on the EPC and Choice of papers the PCT, while part DII requires the candidate to give a legal assessment Candidates may enrol for all the of a more complex situation involving papers, an individual paper or any a client’s applications, a competitor’s combination of papers, provided they position, etc. have not yet passed a paper they want to enrol for. From 2013 onwards, Time allowed for DI: 3 hours (morning these options will only be available to of day 1) candidates who have passed the pre- Time allowed for DII: 4 hours (after- examination. noon of day 1) To pass, you need at least 50 marks in each of the papers.

15 The compensation system offers an four times the basic fee. It therefore exception to the above arrangement. pays to prepare well before sitting the This allows you to score between 45 examination. and 49 marks (a so-called COMPEN- SABLE FAIL) in a maximum of two papers if you have at least 50 marks Conclusion (a PASS) in the other two papers and your total is at least 200 marks. Less When enrolling for the EQE, you and than 45 marks is a FAIL. The compen- your supervisor should evaluate sation system applies to all candi- your personal situation and decide dates, not only to ﬁ rst-time sitters. whether you should enrol for all the papers at once or opt for one, two or Re-sitting: You may only re-sit papers three papers instead. which you have not passed previously. That rule allows you to re-sit Sitting all the papers together has the FAILS and COMPENSABLE FAILS. But if advantage that you only have one you re-sit a COMPENSABLE FAIL, your date to work towards. If, however, previous marks will be replaced by you sit some of the papers individual- your new marks (see Art. 16(1) REE and ly, you have more time to concentrate Rule 6(5) IPREE). on the one(s) you choose and the examination itself is more relaxed. Passes valid on 01.01.2009 or awarded for the 2009 examination will On the other hand, taking all the remain valid for future examinations. papers at the same time has the drawback that, with all the work involved, you might not be well enough Fees prepared. You should bear in mind the considerable amount of work Each enrolment for the examination involved before enrolling for the ex- or pre-examination is subject to a amination. As long as you don’t feel basic fee (currently EUR 130). One ad- adequately prepared to sit all papers, ditional basic fee is payable for each it may be better either to sit selected paper you wish to sit for the ﬁ rst or papers only or not to sit the examina- second time, and the same applies tion at all. to the pre-examination paper. For papers you sit more than twice, the If you do change your mind, it is fee will increase up to a maximum of important to remember that you can

16 withdraw from the examination or Statistics on the EQE pass rate are parts of it only until the start of the published every year on the EPO web- fi rst paper. However, if you withdraw site. We recommend studying them by 20 September of the year previous carefully. They will give you an idea to the examination, the examination of the degree of diffi culty involved fee(s) will be reimbursed, but not the (http://www.epo.org/patents/learn- registration fee (see the Offi cial Jour- ing/qualifying-examination/statistics. nal or the EPO website: http://www. html). epo.org/patents/learning/qualifying- examination/enrolment/2011.html).

17 18 Chapter II Overview of work organisation during the preparation period

Year 1 picture. All the papers in the EQE The aim of your fi rst year of study examination are focussed on fi nding should be to gain an understand- the relevant information, an essential ing of the basic concepts of the EP skill in the day-to-day work of a pat- and PCT patent systems, including ent attorney. in particular novelty, inventive step and priority. Other important general It is likewise helpful to practise draft- aspects, such as rights conferred by a ing replies to a variety of communica- patent, should also form part of this tions from patent offi ces, again under basic understanding. You should be supervision. Here too, suffi cient time supervised during this time by an ex- should be allocated to discussing perienced European patent attorney, the invention, the documents cited who should be able to spend suf- and the different possible responses, fi cient time discussing specifi c cases including limitation of the claims. You with you. should also look at how claims can be interpreted and discuss the different It is important to familiarise your- possibilities for limiting claims in talks self with the way patent specifi ca- with the client. This exercise will be tions are written, so that you can especially useful in your preparation read them quickly and effi ciently. for the pre-examination and paper DII Compared with other texts, patent (paper D after 2012), and eventually, specifi cations are typically quite of course, for your daily work. cryptic and reading them is intellectually demanding. You should also work If you do not have any new applica- on drafting applications, supervised tions to draft or communications to by an experienced person with whom reply to, you can fi nd examples of you can discuss the inventions in cases to study on Register Plus, the detail. Another key aspect is learning EPO’s online fi le inspection service. how to identify essential information in a text or a verbal explanation given by a client, and to see the overall

19 Recommended reading language are available (such as the le- Initial material includes the Guide- gal English courses run by the British lines for Examination, “How to get a Council). Reading the Ofﬁ cial Journal European patent” and “How to get and decisions of the boards of appeal, a European patent - Euro-PCT”, all accompanied by discussions with col- published by the EPO (see list at the leagues, is also highly recommended. end of this guide). These will give you a basic introduction to how the It is also a good idea to take a basic patent system in Europe works. You training course in European patent are also recommended to read an an- law and, if possible, some basic train- notated EPC and PCT. Once you have ing in patent and IP law in general. a grasp of the basic concepts, there As a candidate, you should also in are courses on the PCT organised by your daily work start referring to EPC WIPO (http://academy.wipo.int/). and PCT articles and rules wherever appropriate. This will also help you You should also focus on learning to memorise the structure of these how to read and understand legal provisions. language. Special courses on legal

20 Your supervisor should ensure that Year 2 you have A pre-examination will be held for the – the most up-to-date material (EPC, fi rst time in 2012. Candidates will be PCT, Guidelines, etc.) throughout entitled to sit the pre-examination the training period once they fulfi l the requirements for – access to the Offi cial Journal, either enrolling for the examination, the in printed form or on the EPO web- time requirements being reduced by site (free of charge). one year (i.e. typically two years of experience instead of three). Once the Candidates are advised to enrol as an pre-examination has been intro- epi student. In return for the enrol- duced, it will be necessary to have ment fee, student members receive obtained a pass grade in the pre- their own regular copy of epi Informa- examination in order to enrol for the tion and are entitled to reductions for examination itself. epi tutorials. epi students also have priority over non-epi students when Candidates are exempted from the it comes to epi courses. pre-examination if they have enrolled for the examination no later than the It is intended that candidates should year the fi rst pre-examination is held. be required to register as soon as they The following study timetable thus have the necessary scientifi c or tech- differs according to whether you are nical qualifi cations and have started to take the pre-examination or not. in the profession. The time limit for registration would be six months In year two, you should plan to devote from starting in the profession, and more time to EQE-related content. If only time after registration would be you are to pass the pre-examination, counted towards the time required you should start studying at the for enrolment for the examination beginning of year two. While continu- (the six months immediately preced- ing to work on basic skills, such as ing registration also being taken into drafting applications and replies, you account). should start to familiarise yourself with the examination itself. Although it is generally advisable to pass the EQE as early as possible, as your daily workload will normally increase as each year goes by, it also has to be

21 considered that suffi cient experience The pre-examination will also com- is a prerequisite for success in the prise questions on allowability and examination. Some candidates may the scope of protection of the claims. need more time for preparation than You will thus need to discuss these the legal minimum laid down in the issues with your supervisor in your “Regulation on the European quali- daily work. In addition to that, you fying examination for professional should practise answering the ques- representatives before the EPO” tions within the time limit of four published by the EPO. hours. At the time of writing this, one mock pre-examination paper is avail- A good way to start is to read the able from the EPO website. Regulation, and also the “Instruc- tions to candidates” enclosed with all During the second half of the second papers. year you should have a go at a set of past papers. Attempt to answer each It is advisable to start practising short paper as well as possible, but without legal questions (DI type) at this stage setting yourself a time limit (although and to decide how you are going to it is useful to note how long it took organise the material you intend to you). These papers should be correct- use for preparation and during the ex- ed by a third person and your answer amination itself. Keeping this materi- compared to the examiners report al updated by referring to the Offi cial published in the compendia. Journal and the PCT is essential. You should know your material inside out, Note: There are only a limited number so that you can fi nd the answers as of past papers available, so remember quickly as possible in the short time to leave some for practising closer to available during the examination. the examination date. The pre-examination will comprise legal questions on the material listed You should by now have started to in Rule 22(1) IPREE. Therefore, if you read and study the Offi cial Journal are to pass the pre-examination, you of the EPO, in particular the case law. need to start studying the short legal Reading the OJ will help you familiar- questions at an early stage. Please ise yourself with the legal language refer to the proposed study timetable and prepare you for more serious for the third year (see below). study. The more you do this, the quicker you will be able to read decisions and locate the relevant parts.

22 It is recommended that you join Year 3 a study group, either in person or online. Your supervisor can help you The third year, which is often the last with this. Study groups help you stay year before the examination itself, motivated by allowing you to share is dedicated to EQE-specifi c train- the work with someone else and ing. At this stage you should seri- giving you the opportunity to discuss ously consider taking a course in EQE matters rather than just think about techniques (see annex). You should them on your own. also continue studying after the pre-examination in order to build up Make plans now if you want to take the knowledge you need to answer some EQE-specifi c training courses at the questions in the (main) examina- the end of the second year and during tion. Remember that throughout your the third year (see annex). Look out professional life you will have to keep for suitable courses for the pre-exam- up with the law! ination. Now practise doing some past papers You should also start to think about within the allotted time. It is also drawing up a study plan for the third helpful to take a mock examination, year to give yourself an idea of the i.e. attempt a set of past papers under amount of work you will need to do. examination conditions, on three Again, your supervisor should be able consecutive days. You could either get to help you with this, and should also someone else to look at your answers ensure that you have suffi cient time or wait for a few days and then look at for studying, for example by keeping them again yourself. One cannot over- an eye on your workload. estimate the importance of training with previous examination papers and meticulously analysing your answers, and also comparing them with the examiners’ reports and candidates’ answers (all published in the Com- pendia: http://www.epo.org/about- us/publications/legal-professionals/ eqe-compendium.html). Answers to previous EQE papers, together with comments, can also be found on the Academy’s EQE online Forum.

23 Now is also the time to start study- as your mother tongue, it is worth ing the case law of the EPO boards of considering selecting your mother appeal, in particular decisions of the tongue when enrolling and using it in Enlarged Board of Appeal, decisions some of the papers if need be. published in the Offi cial Journal in the past few years, and the special case Most importantly, the value of per- law supplements to the Offi cial Jour- sonal study cannot be overestimated. nal. It is useful to read at least a few It does not matter how many courses of these special editions to learn how you attend: you will not pass the ex- the case law book is organised and amination without a serious amount fi nd your way around it. Decisions of of personal study. A “try and see” ap- the boards of appeal are also useful proach is not recommended at all. for familiarising yourself with the type of arguments used at the EPO. A signifi cant number of candidates pass each year thanks to the offset- The EPO’s Ancillary Regulations ought ting option. You should therefore also to be studied at this stage. You focus your efforts and energy on should know what the book contains passing the examination as quickly as and how it is structured. Certain possible. Here again, personal study information relevant to the examina- must be emphasised, plus support tion can only be found in these regu- from your supervisor and an appropri- lations. All the President’s decisions ate (i.e. less than normal) amount of and all information from the EPO are work in the offi ce for the six-month included, so you must make sure you period leading up to the examination. have the latest edition with you in the examination.

Another piece of useful advice is to practise writing quickly and legibly, as you have to write your answers by hand.

It is important to be familiar with and as ﬂ uent as possible in the specialist terminology in at least one of the EPO’s three ofﬁ cial languages. If you do not have one of these languages

24 Chapter III Study topics - suggested timetable

General with in each case. This is the schedule used in the epi-CEIPI basic training Candidates often seem to need more courses held in various locations in detailed information on what topics many of the contracting states to to study and how much time should the EPC (http://www.ceipi.edu/index. be devoted to each topic. The follow- php?id=5447&L=2). The time indicated ing table offers some suggestions, in the table is that actually spent in including general subjects, the corre- the epi-CEIPI basic training course in sponding articles and rules, and a list question. Your personal study time of key topics which should be dealt will be much longer!

25 Table

Substantive Law Subject Articles & rules Key topics A General introduction A1 Introduction – Intellectual property rights 1h to intellectual - Copyright property law - Trademarks - Patents - Industrial designs - Trade secrets – Economic growth A2 Patents and – National patents 0.5h other rights for – Regional patents the protection – International applications of inventions A3 History of pat- – From Venetian patent ordinance to 1h ent law EPC 2000 A4 International – Paris Convention 0.5h patent conven- – Strasbourg Convention tions – Vienna Convention – Patent Co-operation Treaty – TRIPs Agreement – Patent Law Treaty B Introduction to European patent law B1 Introduction to – EPC as multilateral treaty 1h the EPC – Autonomous legal system for grant- ing European patents – Bundle of European patents B2 Interpretation Preamble, Art. – Rules for interpretation 2h of the EPC 125, 150(2), 164 – Vienna Convention and 177 EPC – Good faith Vienna Conven- tion Art.31-32

26 Substantive Law Subject Articles & rules Key topics B3 Institutional Art. 1-13, 15-50, – European Patent Organisation 3h provisions 166, 168-169, - Administrative Council 170-176 and 178 - European Patent Offi ce (EPO) EPC – Departments of the EPO Rules 8-13 EPC – Independence of the boards of appeal Protocol on - Exclusion and objection Centralisation - Partiality departments of fi rst Protocol on instance Privileges and – Technical Opinion Immunities – Competence Administrative Council Protocol on the – Financial provisions Staff Comple- – Accession to the EPC ment – Territorial effect – Revision of the EPC B4 Languages and Art. 14, 65, 70 – Offi cial languages of the EPO 3h translations of and 177 EPC – Filing a European patent application applications Rules 3-7, 36(2) and translation and 40(3) EPC – Language of application fi led by reference – Language of divisional application – Language of the proceedings – Filing further documents and translations – Fee reduction – Publications of EPO – Entries in European Patent Register – Languages in written and oral proceedings – Language of publication of European patent application and patent – Authentic text of application

27 Substantive Law Subject Articles & rules Key topics B5 Representation Art. 133-134a – Parties before the EPO 3h before the EPO EPC - Applicant Rules 151-154 - Professional representative and 130 EPC - Employee – Compulsory representation for non- resident applicants – Institute of Professional Representa- tives - Disciplinary power - Attorney Evidentiary Privilege – Appointment and authorisation of representative – Common representative – Accompanying persons in oral proceedings C Patentability C1 Patentable and Art. 52 and 57 – Patentable inventions 3h non-patentable EPC – Deﬁ nition of invention inventions, Rule 42(1)(f) EPC – Technical character industrial ap- - Contribution approach plication – Discoveries, aesthetic creations, pres- entations of information – Mathematical methods – Computer programs – Methods of doing business - Exclusion of subject-matter “as such” – Industrial application - Industry - Manufacturability

28 Substantive Law Subject Articles & rules Key topics C2 State of the art Art. 54(2),(3), 55 – State of the art 4h and 89 EPC – Admissible prior art Rule 25 EPC - Availability EPC 1973: Art. - Public 54(4), Rules 23a - Secrecy and 87 - Means of disclosure – when available - Oral disclosure - Internet disclosure - Public prior use - Accessibility and analysability - Disclosure: explicit – implicit – Prior rights - EPC 1973 - EPC 2000 – Effect of priority date – Non-prejudicial disclosures - Evident abuse - International exhibition - Certiﬁ cate of Exhibition C3 Novelty Art. 54(1) EPC – Single disclosure 2h – Conformance of all features – Multiple embodiments – Optional, use features – Genus – species – Selection inventions – Method versus use claims – Disclaimers C4 Exceptions to Art. 53, 54(4) – Exceptions to patentability 3h patentability; and (5) EPC - Ordre public and morality medical uses Rules 26-29 EPC - Plant and animal varieties - Methods for treatment of the human or animal body - Treatment by surgery - Treatment by therapy - Diagnostic methods – First medical use – Second medical use – Biological processes and products – Gene sequences

29 Substantive Law Subject Articles & rules Key topics C5 Inventive step Art. 56 EPC – Person skilled in the art 2-3h – Common general knowledge – Technical ﬁ eld – Problem-solution approach – Combining teachings – Secondary indications – Partial problem – Surprising effect – Non-technical feature – Chemical claims – Inventive step attack - Defence against attack C6 Unity, disclo- Art. 82-84 EPC – Unity of invention 2-3h sure, claims Rules 30–34 - Single general inventive concept and 42–44 EPC - Markush grouping – Disclosure - Clear and complete disclosure - Sufﬁ ciency of disclosure - Functional formulation - Repeatability – Claims - Clear, concise, supported by description - Form of claims - Claim categories - Independent/dependent claims - Disclaimers - Product-by-process claims - Use features

30 Substantive Law Subject Articles & rules Key topics C7 Priority: Paris Preamble, Art. – Paris Convention 2-3h Convention, 87-89 EPC – vPriority under the EPC EPC, US and Rules 52–54 EPC - Duly fi led application JP patent law Paris Con- - Paris Convention state and WTO relating to vention Art. member priority 1-5quater and 11 - Person or his successor in title - Same invention – disclosure test - “First” application - Outcome of priority application - Subsequent application becomes a fi rst application – Claiming priority - Multiple priorities - Effective dates of claims - Disclosure in “previous application as a whole”, specifi c disclosure – Declaration of priority - Addition of priority claim - Correction of priority claim – Priority document - Filing of priority document - Translation of priority document – Re-establishment of rights in the priority period – Multiple priorities – Effect of priority date – Correction/addition of priority claim – US applications - First-to-invent - Hilmer doctrine - Provisional - Continuation/continuation-in-part - Grace period – JP applications - Grace period

31 Substantive Law Subject Articles & rules Key topics D Right to a European patent D1 Right to fi le, Art. 58-60 EPC – Inventor and applicant 1h entitlement to -Multiple applicants a patent – First-to-fi le principle - Double patenting D2 Entitlement Art. 61 EPC – Entitlement proceedings 1.5h disputes Rules 14–18 and - Recognition of entitlement decisions 78 EPC - Only for applicants Protocol on - Final decision Recognition - Suspension of proceedings - Actions after decision of national court - Prosecute application as his own - File new application - Request refusal D3 Designation of Art. 62 and 81 – Designation of the inventor 0.5h the inventor EPC - Rectifi cation of designation Rules 19–21 EPC inventor - Publication of mention inventor - Waiver right to be mentioned E Rights conferred by a European patent and application E1 Rights Art. 2(2), 63-65, – European patent 1h conferred by 68 and 70 EPC - Term of patent a European London Agree- - Rights conferred by patent patent ment on the - Protection of product directly Application of obtained by process Art. 65 EPC - London Agreement Paris Con- - Translation of granted patent vention Art. - Effect of revocation or limitation 5quater - Authentic text of patent - Close translation E2 Protection con- Art. 67, 66 and – Provisional protection by publication 1h ferred by the 69(2) EPC of application application – European fi ling equivalent to regular national fi ling E3 Interpretation Art. 69 EPC – Extent of protection determined by 0.5h of the patent Protocol on the claims (application) Interpretation – Equivalents of Art. 69 EPC Strasbourg Convention Art. 8(3)

32 Substantive Law Subject Articles & rules Key topics E4 Infringement Art. 2(2) and – Infringement and sanctions 0.5h and sanctions 64(3) EPC - National law - Scope of protection F The European patent and application as objects of property F Transfer and Art. 71-74 EPC – Registering a transfer of a European 3h constitution of Rules 22–24 and patent application rights, 85 EPC – Assignment of patent application assignment – Licences and licences - Exclusive licence - Sub-licence – Applicable law G Information from the EPO G1 Information to Art. 128 EPC – File inspection 1h the public Rules 143–147 - Parts not open for fi le inspection EPC - Electronic fi le inspection G2 Register of Eu- Art. 127, 14(8) – European Patent Register 1h ropean patents and 20 EPC - Entries in Register Rule 143 EPC - Languages - Competence Legal Division G3 Periodical Art. 129 and – European Patent Bulletin 0.5h publications 14(7) EPC – Offi cial Journal G4 Exchange of Art. 130-132 EPC – Communication between EPO and 0.5h information Rules 148–150 central industrial property offi ces and between au- EPC inter-governmental organisations thorities – Communication between EPO and courts or national authorities – Exchange of publications between EPO and central industrial property offi ces

33 Procedural Law Subject Articles & rules Key topics H Procedure H1 General – Substantive law versus procedural 1h introduction law to procedure – Overview EPC procedure before EPO H2 European pat- Art. 78, 79, 85 – Filing a European patent application 2h ent application and 118 EPC - Content of application Rules 41–43, - Filing, search and page fee 45–50 and 138 - Request-for-grant form EPC - Claims fees - Drawings - Abstract - Prohibited matter – Designation of states - Designation fee - Extension fees - How to designate - Withdrawal of designations H3 Filing the Art. 75-77, 80, – Filing a European patent application 2-3h application, 90 EPC - Where to fi le accordance of Rules 1-2, 25, - How to fi le a date of fi ling 31–34, 35–40, - Filing a divisional application and formalities 52–54, 55–60 – Accordance of date of fi ling examination and 152 EPC - Invitation to correct defi ciencies - Consequences – Missing parts of description or missing drawings - Re-dating of the application - Missing parts based on priority - Consequence of non-compliance – Examination as to formal requirements - Translation - Request for grant - Claims - Abstract - Filing and search fee - Designation of inventor - Priority claim and documents - Representation - Drawings - Physical requirements - Sequence listing – Loss of rights – Further documents required

34 Procedural Law Subject Articles & rules Key topics H4 Search, search Art. 92 EPC – Basis of the European search 2h opinion and Rules 61–66 – Extended European search report search report EPC - European search report - Search opinion - Transmittal to applicant – Multiple independent claims during search – Incomplete search - Statement indicating subject-matter to be searched - Consequence of non-compliance – Lack of unity – Deﬁ nitive content of abstract H5 Publication of Art. 93 EPC – When is the patent application pub- 1h the patent ap- Rules 67–69 lished? plication EPC - Content and form of publication - Types of publication - Technical preparations – Information about publication – Withdrawal of application – Deferred publication – Invalid publication – Legal effect of publication H6 Request for ex- Art. 94 EPC – Request for examination 3h amination and Rules 70, 70a, - When to ﬁ le the request for exami- substantive 71(1)–(2) and 138 nation examination EPC - Examination fee - Effect of non-payment – Response to search opinion - Compulsory response - Consequence of non-compliance – Substantive examination - Objection examiner - Response from applicant - Auxiliary requests – Different claims, description and drawings for different states

35 Procedural Law Subject Articles & rules Key topics H7 Amendments Art. 123 EPC – Amendments 3h and correction Rules 137 and - Opportunity of errors 139–140 EPC - Own volition - Indication of basis of amendment - Lack of unity - Extension of subject-matter - Disclaimers - Amendment during opposition – Corrections - R. 139, fi rst sentence - R. 139, second sentence - Immediately evident - Correction of errors in decisions H8 Decision to Art. 97 and 98 – Grant 3h grant the Eu- EPC - Approval text ropean patent Rules 71(3)–(11) - Amendment or correction or to refuse the and 72–74 EPC - Translation of priority document patent applica- - Mention of grant tion - Patent specifi cation - Technical preparations and form of publication - Effects of grant – Refusal of patent application - Reasoned decision - Option to fi le appeal

36 Procedural Law Subject Articles & rules Key topics H9 Opposition, Art. 99−105, – Notice of opposition 2-3h request for 105a−105c and - Who may fi le limitation or 123(3) EPC - Where to fi le revocation Rules 75, 76–87, - Language 88, 89 and - Payment opposition fee 90–96 EPC - Parties to opposition proceedings - Inter partes proceedings – Extent of opposition – Grounds for opposition - Separate grounds – Indication of facts and evidence – Examination of opposition - Notice of opposition deemed to have been fi led - Admissibility of opposition - Substantive examination of opposition – Decision in opposition proceedings - Rejection of opposition - Revocation of patent - Patent maintained in amended form - Interlocutory decision – Continuation of own motion – New specifi cation – Apportionment of costs – Intervention - Payment opposition fee - Treated as opposition – Intervention in appeal proceedings – Limitation/Revocation procedure - Subject of proceedings - Competence of the examining division - Requirements of the request for limitation or revocation - Precedence of opposition proceedings - Decision on the request for limitation or revocation - Publication of the amended specifi - cation of the European patent

37 Procedural Law Subject Articles & rules Key topics H10 Appeal and Art. 21, 22(1)(c), – Appealable decisions 3h petition for 23 and 106−112 – Suspensive effect review and 112a EPC – Who is entitled to appeal? Rules 97–103 - Adversely affected party and 104–110 - Parties to appeal proceedings EPC – Reformatio in peius – Termination of appeal – Notice of appeal - Where to ﬁ le - Payment appeal fee – Statement setting out grounds for appeal – Interlocutory revision – Assessment of appeal - Notice of appeal deemed to have been ﬁ led - Admissibility of appeal - Substantive examination of appeal – Decision of board of appeal - Binding nature – Reimbursement appeal fee - Substantial procedural violation – Intervention in appeal proceedings

– Enlarged Board of Appeal - Referral by board of appeal: decision - Binding nature - Referral by President EPO: opinion – Petition for review by the Enlarged Board of Appeal - Fundamental procedural defects - Criminal acts - Obligation to raise objections during appeal proceedings - Contents of the petition for review - Examination of the petition - Procedure - Reimbursement of the fee for petitions Procedural Law Subject Articles & rules Key topics H11 Common provi- Art. 113−119, 124 – Decisions 3h sions govern- and 125 EPC - Right to be heard ing procedure Rules 4, 111, 113, - Text agreed by applicant/proprietor 114, 115–116, – Own motion 117-124, 125–130 – Observations by third parties and 142(1)–(3) – Oral proceedings EPC – Taking of evidence – Unity of application/patent – Notiﬁ cation – Information corresponding to national patent applications – Reference to general principles H12 Periods Art. 120 and – Periods 3h 51(2) EPC - Calculation of periods Rules 131–134, – Periods speciﬁ ed by the EPO 14(4), 78(1) and - Extension upon request 142(4) EPC – Late receipt of documents – Extension of periods – Interruption of periods - Suspension of proceedings - Interruption of proceedings H13 Further Art. 121 and 122 – Loss of rights communication 3h processing and EPC - Application for decision re-establish- Rules 112, 135 – Further processing ment of rights and 136 EPC - Requirements - Periods exempt from further processing – Re-establishment of rights - Requirements - Cause of non-compliance - All due care - Periods exempt from re-establishment of rights

39 Procedural Law Subject Articles & rules Key topics H14 Fees Art. 33(2)(d), – Fees for applications 3h 39(1), 51, 78(2), – Renewal fees 79(2), 86, 99(1), – Rules relating to fees 105a(1), 108, - 10-day fail-safe arrangement 112a(4) and - Insufﬁ cient payment 141 EPC - Refund of fees Rules 36(3)–(4), - Reduction of fees 38–39, 45, 51, – Deposit accounts 71, 82(2), 88(3), - Replenishment 89(2), 135(1) and – Automatic debiting 136(1) EPC - Excluded fees Rules relating to Fees Arrangements for Deposit Ac- counts (ADA) Arrangements for the Auto- matic Debiting Procedure (AAD) I/J Revocation and national rights I Revocation Art. 2(2), 138 – Grounds for revocation 1h and 139 EPC – Proceedings for revocation – Partial revocation J1 Relations Art. 139 and 140 – Rights of earlier date or the same date 1h European EPC - National prior rights and national – National utility models and utility patents certiﬁ cates J2 Conversion to Art. 135 and 137 – Conditions for conversion 1h national ap- EPC – Procedure for conversion plication Rules 155–156 EPC K Community Patent Convention and other agreements K1 Special agree- Art. 142−149a – Switzerland and Liechtenstein 1.5h ments EPC Agreement relating to EU patents EU Patent Regulation

40 Procedural Law Subject Articles & rules Key topics K2 TRIPs and other Strasbourg – Strasbourg Convention 1.5h agreements Convention - Substantive patent law TRIPs Agree- – TRIPs ment - Patentable subject-matter Patent Law – PLT Treaty - Filing date - Representation

41 Patent Co-operation Treaty Subject Articles & rules Key topics L Patent Co-operation Treaty L1 Introduction PCT Art. 1, 2, 9, – Structure of the PCT 3h PCT 10, 27(7), 43−45, – International phase/national phase 49, 53, 55 and – International Bureau 58 – General articles and rules PCT Rules 2, - Defi nition of application 79−82, 83, 90, - Defi nition of priority date 90bis, 91, 92 - Defi nition of national Offi ce and 94 - Applicant Art. 150 EPC - Receiving Offi ce - Seeking certain kinds of protection - Seeking two kinds of protection - Regional patent treaties - Right to practise before international authorities - Assembly - International Bureau - Periods - Irregularities in the mail service - Agents and common representatives - Obvious errors in documents - Correspondence - Withdrawals - Access to fi les L2 International PCT Art. 3–14 – Filing an international application 3h application PCT Rules - Request 3–11, 12–13ter, - Applicant 14–16bis, 17, 18, - Where to fi le 19–23, - Languages 24–26, 26bis, - Agent 26ter, 27–32 - Inventor and 92bis - Signature Art. 151 EPC - Fees Rule 157 EPC - Designation of states - Priority – Filing date - Right to fi le international application - Procedure for correction - Filing missing elements or missing parts - Effect on fi ling date – Defects in international application - Procedure for correction

42 Patent Co-operation Treaty Subject Articles & rules Key topics L3 International PCT Art. 15–19, – International search 3h search, 20–30, 31–38 - Competent ISA international PCT Rules - Subject-matter not searched supplementary 33–45, 45bis, - Oral disclosure search, 46, 48, 53–78 - Lack of unity and protest procedure international and 94 - International search report [ISR] publication and Art. 152 EPC - Written opinion of ISA international Rule 158 EPC - Filing amendments of the claims preliminary - IPRP (Chapter I) examination – EPO as ISA - Subject-matter not searched - Limitation US: business methods - Lack of unity and protest procedure - Refund of search fee

– International publication - Languages of publication - Contents of publication - PCT Gazette - Preventing/postponing publication - Technical preparations - Provisional protection – International publication – EPO as designated/elected Ofﬁ ce - Provisional protection – Supplementary international search - Supplementary search request - Supplementary search handling fee - Supplementary search fee - Correction of defects - Start, basis and scope - Unity of invention - Review of opinion of SISA - Supplementary international search report - Transmittal to applicant - ISA competent to carry out supplementary international search (SISA) – EPO as SISA - Refund of supplementary search fee - Subject-matter not searched - Non-unity and review

43 Patent Co-operation Treaty Subject Articles & rules Key topics L3 International PCT Art. 15–19, – International preliminary examina- 3h search, 20–30, 31–38 tion international PCT Rules - Filing demand and fee payment supplementary 33–45, 45bis, - Competent IPEA search, 46, 48, 53–78 - Written opinion of IPEA international and 94 - Response to written opinion publication and Art. 152 EPC - Amendment international Rule 158 EPC - Lack of unity and protest procedure preliminary - Subject-matter not searched examination - IPER = IPRP (Chapter II) – EPO as IPEA - Subject-matter not searched - Limitation US: business methods - Non-unity and protest procedure - Filing amendments

44 Patent Co-operation Treaty Subject Articles & rules Key topics L4 National phase PCT Art. 22–25, – Acts for entry into national phase 3h and Euro-PCT 27, 28, 39–41, - Period for entry application 45(1) and 48 - Translation international application PCT Rules 47, - Fee payment 49−50, 51− 52, - Naming of inventor 74, 76 and 82bis - Priority documents Art. 150 and 153 - Representation EPC - Amendment before designated/ Rules 159–165 elected Offi ce EPC - Review and excuse procedure - EPO: examining division competent to take decisions – EPO as designated/elected Offi ce - Precedence of PCT over EPC - Acts for entry into EP regional phase - Translation - Filing and page fee - Designation fee - Search fee for supplementary European search - Request for examination - Renewal fees - Consequences of non-compliance - Further processing - Amendment of the Euro-PCT application - Mandatory response to written opinion - Claims fees - Examination of formal requirements - Designation of inventor - Priority claim and document - Sequence listing - Address/nationality of applicant - Representation - Non-unity - Filing divisional application - Euro-PCT application as prior right - Substantive examination - Inspection of fi les

45 46 Chapter IV EQE preparation checklists

1. General – Add a considerable amount of study time if you have no opportu- – The EQE is due to change: candi- nity for practical work experience dates who wish to be enrolled for (drafting, prosecution). the ﬁ rst time in 2013 must pass a – For the pre-examination, spread pre-examination to be held in 2012. your study time over at least six – Candidates can normally enrol for months within the two years. the pre-examination after two – For the rest of the EQE, again years of experience. spread your studies over at least six – The pre-examination will assess months, and preferably longer. candidates’ ability to answer legal – Test your knowledge with previous questions and questions relating to examination papers in real time - claim analysis (topics include clar- and don’t look at the examiners’ ity, novelty, inventive step, added reports or the answers in the Com- subject-matter, etc.). pendium until you have answered – Learn how to tackle multiple-choice the relevant paper. Compare your papers, because the Examination answer to the examiners report. Board for the EQE has proposed a – Keep up to date with the EPO/WIPO multiple-choice format as an option websites. for the pre-examination. – Remind your supervisor of the – Personal study time: at least 400- importance of his or her role during 600 hours spread over a minimum the training period. of three years (excluding time spent – Don’t forget that you are preparing on courses). The total time includ- for an examination, not a real-life ing the pre-examination is expect- situation. So the cases are specially ed to exceed 600 hours. made up for this examination and – Make sure to spend enough time to you will be expected to produce the answer legal questions across the right answers. broad spectrum of the curriculum. – For each part of the EQE, draw In allocating your preparation time up a personal strategy (including it is also important not to neglect timeline, feature matrix, examples time for studying for the claim of various forms, etc.) so you can analysis part. spend the time during the exami-

47 nation on the important issues (i.e. Legal part: the ones you get marks for!). – Read and understand the G deci- – Starting early on practising legal sions of the boards o appeal. questions. – Attend relevant courses for both – Answering questions several the pre-examination and the rest of times to develop a faster working the EQE to help you prepare. method. – Previous examination papers are – Making a timetable per question/ an important training tool - make point. sure you read and understand the – Compiling a list of all G decisions examiners reports! and landmark decisions (OJ). – Reading OJ special editions from the last three years. 2. Pre-examination – Studying the Guidelines for Exami- nation, Guides for Applicants, PCT At the time of writing this guide, Newsletters, Ancillary Regulations, only one possible format for the National Law and the case law pre-examination has been published book. by the Examination Board for the – Studying the EPC/PCT. EQE: (http://www.epo.org/patents/ – Answering at least ﬁ ve to seven learning/qualifying-examination. previous EQE DI papers, at least two html). Whether the pre-examination of them under examination condi- will deﬁ nitely be in that format is, tions (including time pressure), for however, not yet known. Candidates correction by your tutor or another are advised to regularly check the suitable person (bearing in mind website for further information. In that there have been numerous line with the mock pre-examination, changes to the law which affect candidates who prepare for the the correctness of the answer sug- pre-examination should focus on the gested for earlier examinations). following aspects: – Answering past DI papers in less than three hours, as aspects of the correct answers often form a basis for the annotations in books for EQE preparation, thus making it easier to answer questions from previous papers when using these annotated books.

48 – Choosing the books and other Claim analysis part: reference material you wish to use during the examination, making a – Getting familiar with the marking fast indexing system with added of multiple-choice tests. references, and practising using it – Studying basic aspects of claim with past papers. analysis, such as novelty, inventive – Making a summary sheet of the step (problem-solution approach), legal bases for commonly recur- added subject-matter and clarity. ring EPC/PCT concepts such as time – Drafting claims. limits, remedies, EPO acting as PCT – Carrying out novelty searches and authority, etc. reporting on the patentability of – Checking for updates to PCT rules inventions. (bearing in mind the PCT is an essential part of the EQE). – Checking for updated EPC transi- 3. Examination tional provisions. – Filing patent applications or study- Paper A ing complete fi le histories to learn about administrative procedures. Candidates preparing for paper – Reporting to clients on (costs and) A should focus on the following deadlines associated with the fi ling aspects: of national, EP and PCT applications. – Inclusion of a description when – Familiarising yourself with EPO drafting applications. forms (what they contain and what – Answering at least three to fi ve information is required to complete previous EQE A papers, at least two them). of them under examination condi- – Creating your own personal strat- tions (including time pressure), for egy for tackling legal questions. correction by your supervisor or – Getting familiar with the marking another suitable person. of multiple-choice tests - the mark- – Drawing up a strategic time plan ing scheme may be so constructed for preparing for paper A, practising that negative points are awarded with past papers and for the whole for not answering questions (fur- examination. ther information should become – Noting points about which you available on the EPO’s website). are not sure when answering past papers.

49 – Taking an (extra) course on claim Paper B drafting (if required). – Reading the Guidelines, Chapter Candidates preparing for paper C-III, paying particular attention to B should focus on the following clarity, novelty and inventive step. aspects: – Noting the following distribution of marks applied to previous examina- – The information provided for paper tion papers (which varies according B and the answer to be handed to whether you sit the chemistry in will be different for paper B in or the electricity/mechanics paper 2011/2012 and thereafter (see Rule - and it also varies from one year to 24 IPREE: http://archive.epo.org/ another): epo/pubs/oj010/03_10/03_sup10a. - independent claims: up to 50 in pdf). total - 40 for main independent – Drafting responses to Ofﬁ ce ac- claim, 10 for secondary independ- tions. ent claim – Learning to use the problem- - dependent claims: normally 35 in solution approach to argue for or total – for good fall-back positions against the presence of novelty or based on clusters of embodiments, an inventive step. distinguishing characteristics of – Studying decisions on inventive new essential features, and em- step (OJ). bodiments – Studying decisions on amend- - description: normally 15 in total - 5 ments, Art. 123(2) EPC and related for closest prior art, approx. 10 for topics (OJ). correct presentation of problem- – Responding to EP and/or PCT search and-solution approach. reports, amending claims and – The claim analysis part of the description. pre-examination, but excluding – Drawing up a strategic time plan multiple-choice tests. for preparing for paper B, practising with past papers and for the whole examination. – Reporting to clients on the content of substantive examination communications. – Answering at least three to ﬁ ve previous EQE B papers, at least two of them under examination condi-

50 tions (including time pressure), for Paper C correction by your supervisor or another suitable person. Candidates preparing for paper C – Noting points you are not sure should focus on the following about and clarifying them. aspects: – Taking an (extra) course on drafting responses to Offi ce actions (if – The time available for answering required). paper C will change from six hours – Reading the Guidelines, Part C, pay- in 2011 and 2012 to fi ve hours in ing particular attention to clarity, 2013 and thereafter. novelty, inventive step, unity, Art. – Checking fi le inspections in real-life 123. opposition cases. – Noting the following distribution of – Answering fi ve to seven previous marks applied to previous examina- EQE C papers, at least two of them tion papers (which varies according under examination conditions (in- to whether you sit the chemistry cluding time pressure), for correc- or the electricity/mechanics paper tion by your supervisor or another - and it also varies from one year to suitable person. another): – Learning how to fi ll in the opposi- - claims: normally 50 in total - 25 for tion form. main independent claim, approx. 10 – Familiarising yourself in particular for secondary independent claim, 15 with the following aspects: prior for dependent claim art, industrial application, prior- - arguments: normally 50 in total - ity, amendments, fi rst invention, 10 for overall rating, 5 for novelty, ranges, representation. 25 for inventive step, 10 for other – Learning to make claim charts. issues – Trying different methods of tack- – The claim analysis part of the ling paper C. pre-examination, but excluding – Reviewing the available material on multiple-choice tests. paper C and developing a personal strategy for the whole examination. – Reading J decisions (OJ). – Reading G decisions (OJ). – Analysing claim features. – Reading the Guidelines, Part D.

51 – Getting involved in opposition – Answering at least fi ve to seven cases and, if possible, attending previous EQE DI papers, at least two oral proceedings when your fi rm is of them under examination condi- involved. tions (including time pressure), for correction by your tutor or another Note: Chemistry candidates should suitable person (bearing in mind bear in mind that paper C is not spe- that there have been numerous cifi cally a chemistry paper. changes to the law which affect the correctness of the answer sug- Paper D gested for earlier examinations). – Answering past DI papers in less Part DI (for the examination in 2011 than three hours, as the correct and 2012) answers are already available in the annotated books, thus making Candidates preparing for paper them easier. DI should focus on the following – Choosing the books and other aspects: reference material you wish to use during the examination, making a – Maximum marks: 40. fast indexing system with added – Starting to practise D questions references, and practising using it during year two of your prepara- with past papers. tion. – Making a summary sheet of the – Answering questions several legal bases for commonly recur- times to develop a faster working ring EPC/PCT concepts such as time method. limits, remedies, EPO acting as PCT – Making a timetable per question/ authority, etc. point – Checking for updates to PCT rules – Compiling a list of all G decisions (bearing in mind the PCT is an es- and landmark decisions (OJ). sential part of the EQE). – Reading OJ special editions from – Checking for updated EPC transi- the last three years. tional provisions. – Studying the Guidelines for Exami- – Filing patent applications or study- nation, Guides for Applicants, PCT ing complete fi le histories to learn Newsletters, Ancillary Regulations, about administrative procedures. National Law and the case law book. – Studying the EPC/PCT.

52 – Reporting to clients on (costs and) tions (including time pressure), for deadlines associated with the fi ling correction by your supervisor or of national, EP and PCT applica- another suitable person. tions. – Making a checklist of issues that – Familiarising yourself with EPO have come up in recent DII papers. forms (what they contain and what – Gaining practical experience in information is required to complete advising clients. them). – Accompanying your supervisor to – Getting accustomed to including business meetings. in each answer: the response, the – Checking past papers for questions exact legal basis and a short argu- on priority, fi rst invention, disclo- ment in support of your conclusion. sure, corrective actions, further – Creating your own personal strat- processing, restitution, stay of egy for tackling paper DI. proceedings, etc. – The legal part of the pre-examina- – Drawing up a strategy for tackling tion, but excluding multiple-choice paper DII, trying it out and adapt- tests. ing it where necessary. – Creating a structure for commonly Note: Candidates should bear in mind recurring items. For example, if an that - especially with regard to paper application is to be fi led, the name DI - EQE papers before 2008 relate of the applicant, the subject-matter to the EPC before changes came into per claim, the priority application/ force in December 2007. Care should date per claim, and so on. therefore be taken when using them – Studying EQE-related parts of US for preparation. patent law basics, such as grace period, inventorship, licensing Part DII (for the examination in 2011 (e.g. what exactly are you going to and 2012) license?).

Candidates preparing for paper DII should focus on the following aspects:

– Maximum marks: 60. – Answering at least seven previous EQE DII papers, at least two of them under examination condi-

53 Paper D in 2013 and thereafter assess candidates’ ability to answer legal questions and to draft legal as- In 2013 the format for paper D of the sessments. examination will change. Accord- ing to the information at present Candidates preparing for paper D available, i.e. the Regulation on the should thus focus on all aspects men- European qualifying examination for tioned in respect of papers DI and DII. professional representatives (REE) and its implementing provisions (IPREE) (see: Supplement 2 to Ofﬁ cial Journal 3, 2010 and: http://archive.epo.org/ epo/pubs/oj010/03_10/03_sup10a. pdf), the purpose of paper D will be to

54 Chapter V Some tips and tricks

In general, successful candidates are For papers A, B and C you will need a those who come to the examination lot of practice with the Compendia. well prepared and have attended a For paper DI, the legal part of the fu- special course or courses on the EQE. ture pre-examination and the future paper D, you will also need to know On average, you need to allow for your material very well in advance. It at least 400-600 hours of per- is not suffi cient to bring a book with sonal study, excluding time spent you, you have to know where to fi nd on courses, so make sure you start the information you need in it. As it to prepare in good time (around six is, you have very little time to write months before the examination for your answers, and part of this time your intensive fi nal preparation if you should be spent considering whether plan to take all four papers in one you have answered the question as year)! Additional preparation time will fully as possible. Bear in mind also be required for the pre-examination that annotated EPC books already to be held for the fi rst time in 2012. contain the answers to questions in past papers. Prepare a timetable showing the main outlines of your planning for the EQE For paper DII (and the corresponding and discuss it with your supervisor. part of the future paper D) it is very important to practise building up a Discuss the material you plan to time line or chart with all the data bring to the examination with your contained in the client’s letter. The supervisor. Make sure it is up to date, information is so voluminous that you especially for part D and the future will lose yourself in it if you haven’t pre-examination. Bring copies of the devised a method of grouping it. latest decisions, guidelines and no- Bring prepared time lines or charts to tices. Even though old decisions and/ the examination so you can fi ll them or notices in the Offi cial Journal may in with the information. be similar in content to the new ones, the Committee expects you to cite To save time, you can prepare some the new ones only! standard formulations that you can copy from, such as a preamble for

55 a description in A, a heading for a – scissors and glue. You can often use letter of reply to the EPO in B, and part of the client’s letter in paper a skeleton outline for the fi rst part A for the description; this will save of the notice of opposition, saying you time and is permitted, but take what documents are used, in which care that the papers are properly languages, and what the effective glued and that the lined pages are dates of the claims are, etc., for paper not stuck together to avoid loss of C. However, you will have to copy this information during the automated prepared material onto the offi cial copy process. answer sheets. You must never hand – plenty of suitable pens (black ink) in any papers prepared at home! which will be easy to use for several hours (paper C lasts for six hours, Although the Examination Commit- around three of which will be spent tees are aware that some answer pa- writing). pers may have been written in a lan- – something to eat and drink (the guage other than the mother tongue examination is hard enough, treat of the candidate, and no points are yourself with something nice - but deducted for faults of grammar and try it out before). style, candidates should make every Make sure you stay fi t and healthy - effort to write their papers legibly. the examination is very stressful, with each paper lasting for several hours. Time management is essential, so be Check with candidates from previous sure you have practised this aspect. years as to what the conditions were Every year many candidates fail like: were the tables big or small, how because, although they have pre- was the temperature of the room, pared well and would have been able and so on. And it goes without say- to give a good answer, they did not ing that you should know when and have time to write everything down, where you are due to sit the papers, or they expressed themselves in such and how to get there. Consider mak- a way that the Committee could not ing use of public transport - especially understand their line of argument. after an examination day you will feel quite exhausted and maybe not capa- Apart from any books, charts and ble any more of driving yourself. time lines to be fi lled in, or any standard formulations, you should also If you are not sure whether you meet bring the following with you to the the conditions regarding the dura- examination: tion of employment prior to enrolling

56 (because you worked part-time for a – Know your material well; use only while, or were sick or on maternity one (up-to-date) set of notes or leave, for example), make sure to book in the examination. check the regulations (http://www. – Study the Guidelines carefully - epo.org/patents/learning/qualifying- they contain many of the answers examination.html) for the necessary you are expected to know. information before asking the Exami- – Do as many past papers as you can nation Secretariat or submitting your under examination conditions. application form. – Get qualifi ed feedback on your answers to past papers - and The following list has been extracted accept it. from the annual survey of candidates – Pay close attention to examiners’ carried out by the EQE Secretariat reports. after the examination, and includes – Try to fi nd out which elements of valuable tips from people who have the answer give you marks. already sat the examination (www. – Learn to recognise what it is the epo.org/patents/learning/qualifying- examiner wants to see. examination.html). – Don’t just learn what the correct – Start early. answer is; make sure you know – Spend lots of time on preparation. how to write it, including the detail – Draw up a study timetable. expected. – Form study groups with colleagues. – Use a template or checklist so that – Prepare your own material (includ- you don’t forget anything (also during tables and standard clauses) ing the examination). instead of using a book. – Practise writing quickly and legibly. – Attend courses. – Stay fi t and healthy. – Don’t panic.

57 58 Chapter VI After the Examination

The Examination Board normally fi n- we do not need to go into here. Legal ishes marking the papers by the end practitioners may also undertake rep- of July of the year in which the exami- resentation provided they meet the nation is held. Usually at the begin- requirements of Art. 134(8) EPC. ning of August, the candidates can preview their results via a password- Persons having their residence secured internet query. However, the or principal place of business in a offi cial results will only be delivered contracting state are not obliged by mail. All candidates are normally to be represented by a professional sent a copy of their papers, and any representative (Art. 133 EPC). Other translations into one of the offi cial persons do need to be represented languages, in advance, shortly after by a professional representative in the examination. An alphabetical list all proceedings other than fi ling a of successful candidates is published European patent application or pay- in the October issue of the Offi cial ing fees. Journal and on the EPO’s website. Sta- tistics on the outcome of the exami- The names of such representatives nation are now also available from must be entered on the EPO’s list of the beginning of August each year. professional representatives. The form for requesting inclusion on this list is sent to successful candidates If you pass along with their certifi cate. Names are normally entered within a matter Under Art. 134(1), (2) EPC, representa- of days and are published around two tion in proceedings established by months later in the Offi cial Journal. the EPC can only be undertaken by a Any amendments or deletions should natural person who has passed the be sent to the EPO’s Directorate 5.1.1. European qualifying examination, is a national of a contracting state and The EPO operates a searchable data- has his place of business or employ- base of authorised representatives ment in a contracting state. There on its website. At the time of writing is also the so-called “grandfather” (July 2009) this list contains around 9 clause under Art. 134(3) EPC, which 600 names (6 200 who successfully

59 passed the exam, and 3 400 “grand- European Patent Organisation in fathers”). matters pertaining to the rules of the profession, and particularly discipli- Successful candidates are entitled to nary matters. use the designation “European patent attorney” or “professional repre- In some contracting states, passing sentative before the European Patent the European qualifying examination Offi ce” (this does not necessarily is taken into account for the purposes apply to EPO examiners, who are not of becoming a national patent attor- required to have two years’ experi- ney. For example, you may benefi t in: ence of working with a European patent attorney before they can enrol – DE: facilitated admission to the for the examination). Professional German patent attorneys’ qualify- representatives are entitled to set up ing examination under section 172 a place of business and practise in any of the Rules and Regulations for the of the contracting states. German Bar (§ 172 Patentanwaltsor- dnung, PatAnwO). Qualifi cation as a European patent – GB: those who have passed the Eu- attorney entitles you to act in patent ropean qualifying examination as matters under the EPC/PCT, but not a whole, or papers A and/or B, are in national proceedings. Passing the deemed to have passed Patent Ad- European qualifying examination vanced Papers P3 and/or P4 of the does not entitle you to act before the national qualifying examinations OHIM in Alicante in matters concern- (see the Regulations for Examina- ing trade marks and designs. tions for the Registration of Patent Agents & Trade Mark Agents, www. All representatives on the list are cipa.org.uk/download/2007_Exam_ automatically members of the Insti- Regulations.pdf). tute of Professional Representatives – NL: after passing papers A and B of before the European Patent Offi ce the European qualifying examina- (epi). epi members must pay an an- tion you do not have to do the A/B nual subscription (currently EUR 160), paper of the Dutch Patent Ex- which is waived for those joining for amination (Uitvoeringsreglement the fi rst time after 30 September. Rijksoctrooiwet 1995, Art. 27d, lid 3). As the professional body for Euro- pean representatives, the Institute Successful candidates are urged to is responsible for working with the pass on their knowledge to new can-

60 didates wherever possible, for exam- the vast majority of candidates sitting ple by acting as tutors in the various the examination for the ﬁ rst time fail organisations (CEIPI, epi, etc.). (failure rate 76% in 2007, 58.5 % in 2008, 63% in 2009). For detailed an- Continual professional training is nual statistics see important if patent profession- http://www.epo.org/patents/learn- als are to meet the challenges and ing/qualifying-examination/statistics. requirements of a knowledge-based html). economy. By way of example, CEIPI at the University of Strasbourg has set As can be seen from the following up “Master of Law” programmes. diagram, the number of applicants (including re-sitters), having risen continually each year until 2007, If you fail has now levelled out, whereas the number of successful candidates has The pass rate for the European qualify- remained low over the years. ing examination is very low. In fact,

European qualifying examination

2500 2311 2310 2251 2148 2000 2073 1821 1541 1500 1451 1262 1145 1000 673 500 513 510 473 429367 424 407 267 294 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Candidates Successful candidates

Source: EPO

61 The following graph shows the pass ly - provided that uniform assessment rate for candidates sitting the EQE criteria have been applied - extremely for the fi rst time from 2000 to 2008. small. It is interesting to note that around 80% of them fi nally passed, with the Under the current rules, candidates pass rate increasing asymptotically to can re-sit the examination as often as reach a maximum after approx. fi ve they wish. At the same time, the re-sit re-sits. The other 20% seem to have statistics paint a particularly disheart- left the system. ening picture (failure rate for partial re-sits: 77% (2009), 65% (2008); fail- If you fail the examination you can ure rate for full re-sits: 100% (2009, fi le a written appeal within one 2007), 95% (2008)). month of the decision of the Exami- nation Board being communicated All the more reason, then, to empha- to you. The appeal can, however, only sise at this point that “100%” prepara- be against an infringement of the tion is not enough if you are re-sitting Regulation on the European qualify- the examination. You need an extra ing examination or the Implement- reserve of knowledge to cope with ing Provisions. Since the marking of the possible pitfalls and you must papers is a matter of discretion, the work much harder on learning the chances of succeeding in an appeal material and refi ning your examina- against a particular mark are normal- tion strategy than you did the fi rst

100

79,13% 80,10% 80,34% 80 75,49% 77,91% 70,87% 63,59% 60 47,82% 40 26.16% 20

0 2000 2001 2002 2003 2004 2005 2006 2007 2008

Source: EPO

62 time round. You also need to give Candidates have the right to see careful thought to the timing of your their papers and the marks they were re-sit. awarded. However, only a very rough indication is given as to why they were As it is not easy to retain all the deemed to have failed the paper. We specialist knowledge accumulated therefore recommend going through in your preparation for the examina- it in detail with a tutor/supervisor and tion the fi rst time round, we recom- discussing any errors. This service is mend that you work on keeping up available for a fee from epi, Patskills or your level of knowledge after the DeltaPatents, for example. examination, at least until the results are known. You could liken this to Starting in 2012, a pre-examination is the kind of basic training an athlete to be held to assess candidates’ ability might put in to maintain form out- to answer legal questions and ques- side the main season. tions relating to the drafting of claims. Candidates will be exempted from the Because the results are announced pre-examination provided that either relatively late, i.e. in August, there is they have been successfully enrolled little time left to enrol and prepare for an examination before the fi rst for the next examination. For candi- pre-examination is held, or they have dates who have sat the examination successfully applied for enrolment and handed in at least one paper, the for the main examination for the fi rst deadline is extended until shortly time in 2012. Candidates planning after the results are announced (the ahead may also consider that fees deadline for enrolling for the ex- increase when they re-sit more than amination on 3-5 March 2009 was once, e.g. the fee for enrolling for a 22 September 2008). If you decide to specifi c paper for the fi fth time will re-sit the following year (i.e. a year be four times the basic fee payable for later), then the normal deadline (usu- sitting a paper for the fi rst time. ally July of the previous year) applies. If you miss this deadline you cannot In terms of career choices, this is a appeal and you have no recourse to very specialised area and the options “further processing” or “reinstate- for changing direction after a few ment of rights”. Candidates re-sitting years are severely limited. It is pos- the examination must use a special sible to continue in industry or private enrolment form and pay the exami- practice, carrying out a restricted nation fee. range of activities.

63 64 Chapter VII Reference material, literature, courses and training

This chapter contains information The list is only a sample of available about (legal) reference material, lit- sources and is not exhaustive. Sug- erature (textbooks, etc.), training (in- gestions for additions are welcome cluding language training) and handy ([email protected]). guides to passing the examination.

The latest edition at the time of pub- Introductory publications lication of this guide is indicated in each case. It is up to you to check that EPC-related you have the current edition – texts – How to apply for a European patent and textbooks can change while you – A step-by-step guide to the grant are preparing for the EQE, so make procedure, EPO (http://www.epo. sure that the version you are working org/patents/One-Stop-Page.html) with is not out of date. – How to get a European patent e-learning guide, EPO public e- The section on introductory publica- learning module (https://www.e- tions lists publications which give a learning.epo.org/) general rather than legally binding – Guide for Applicants, Part I – How overview and which may be useful at to get a European Patent, EPO, 13th the start of your training. edition, 2010

You must have a sound working PCT-related knowledge of all the publications – Guide for Applicants, Part II – Euro- listed in the reference material sec- PCT – How to get a European Pat- tion. ent, EPO, 5th edition, 2010 – PCT Applicant’s Guide, Introduction The literature and training opportuni- to the International Phase + Index, ties listed are given simply by way of WIPO, last updated 25 March 2010 an overview of what is on offer, and (http://www.wipo.int/pct/en/) whether or not you avail yourself of them is entirely up to you.

65 – PCT Applicant’s Guide, Introduction – Offi cial Journal of the EPO (OJ), to the National Phase, WIPO, last monthly periodical (online or paper updated 14 January 2010 (http:// copy) www.wipo.int/pct/en/) (http://www.epo.org/patents/law/ – PCT Applicant’s Guide, Annexes A, legal-texts/journal.html) B, C, D, SISA and E, WIPO, continu- – Guidelines for Examination in the ously updated (http://www.wipo. European Patent Offi ce, April 2010 int/pct/en/appguide/index.jsp) edition In particular, the annexes relating (http://www.epo.org/patents/law/ to the EPO are important: general legal-texts/guidelines.html) includ- information, receiving Offi ce, ISA, ing replacement sheets SISA, and IPEA. If, in a question in – Rules relating to Fees, OJ EPO 2009, the EQE, the EPO is acting as Inter- 587 and 2009, 593 national Authority under the PCT, (http://www.epo.org/patents/law/ you must always cite the relevant legal-texts/journal/2010.html) legal provisions in the PCT and EPC. – Schedule of Fees and Expenses, Supplement No.1 to OJ EPO 3/2010 (http://www.epoline.org/portal/ Reference material public/registerplus) – Case law of the Boards of Appeal, EPC-related (published by the EPO 6th edition, 2010 unless otherwise stated) (http://www.epo.org/patents/ap- – European Patent Convention, 14th peals/case-law.html) edition, April 2010 – List of G decisions (to be kept up to (http://www.epo.org/patents/law/ date by the candidate) legal-texts/epc.html) (www.eqe-online.org/wiki) Note: the most recent version – Legal Advice from the EPO. These of the EPC is not yet available in have not been updated to take printed form, but as an html docu- account of EPC 2000. A list can be ment on the EPO’s website found at: – Update of decisions of the Presi- http://www.deltapatents.com/ dent and notices from the EPO of data/uploads/downloads/legal- relevance for patent practitioners, advices-from-ancillary-regulations- Special Edition No. 3, OJ EPO 2007 EPC1973.pdf (http://www.epo.org/patents/law/ legal-texts/journal/2007.html)

66 – National Law relating to the EPC, – A. Veronese, P. Watchorn: Procedur- 14th edition, 2009 al law under the EPC-2000, Kastner, (http://www.epo.org/patents/law/ 2008 (http://www.epc-compass. legal-texts/national-law-epc.html) com/EPC/) – Agreement on the application of – J. Hoekstra: References to the EPC, Article 65 EPC – London Agreement 2009 edition (updated every year) (http://www.epo.org/patents/law/ (http://www.hoekstradoc.nl) legal-texts/london-agreement.html) – H. Kley, H. Gundlach, C. Jacobi: – Regulation on the European quali- Kommentar zum EPÜ 2000, 2. Au- fying examination for professional ﬂ age, mfh-verlag, 2010 (updated representatives (REE), Supplement twice a year) No. 2 to OJ EPO 3/2010 – T. Bremi: The European Patent Con- (http://www.epo.org/patents/law/ vention and Proceedings before the legal-texts/journal/2010.html) European Patent Ofﬁ ce (EPC 2000), Heymanns, 2008 PCT-related – epi Information (http://www.paten- – Patent Co-operation Treaty (last tepi.com/) amended on 3 October 2001) – EQE Compendium, EPO – Regulations under the PCT (as in (http://www.epo.org/about-us/ force from 1 July 2010) publications/legal-professionals/ (http://www.wipo.int/pct/en/texts/ eqe-compendium.html ) index.htm) – DeltaPatents: Training for the EQE Paper D, Part 1 “Basic questions for paper D”/Part 2 “Exam-related Literature questions for paper D”, 9th edition, July 2010 (updated every year to EPC-related incorporate legal changes) – D. Visser: The annotated European (http://www.deltapatents.com/en/ Patent Convention, 17th edition, ip_courses/) H. Tel, 2009 (updated every year) – DeltaPatents: Past Exam Papers (www.htelpublisher.com) with Analysis and Model Solutions – Singer/Stauder, Europäisches Pat- – separate booklets for Papers DI/ entübereinkommen – Kommentar, DII, C, B and A (Electricity-Mechan- 5th edition, Heymanns, 2010 ics) (updated every year to incorporate legal changes) (http://www. deltapatents.com/en/ip_courses/)

67 PCT-related – B. Cronin: ABC/D Comprehensive – M. Köllner: PCT Handbuch, 5. Au- – A comprehensive analysis of the ﬂ age, Wolters Kluwer, 2010 (http:// EQE for candidates preparing for shop.wolterskluwer.de) the exam (Patskills, www.unibook. – C.A.M. Mulder: The Cross-Refer- com) enced Patent Co-operation Treaty, – S.J. Schmidt: Tipps und “Tricks” für Helze, 8th edition, 2010 (http:// das Bestehen der Prüfungsaufga- www.helze.com/) ben A, B der Europäischen Eignung- – O. Trinks: PCT in der Praxis, 2nd edi- sprüfung, epi Information 1/1995, tion, Heymanns, 2009 (http://shop. 10-13 wolterskluwer.de) – W. E. Chandler and H. Meinders: – A. Veronese, P. Watchorn: PCT C-Book – How to write a successful Procedures and Passage into the Eu- opposition and pass paper C of the ropean Phase, Kastner, 2nd edition, EQE, 3rd edition, Heymanns, 2010 2010 (http://www.pct-compass. – J. Hoekstra: Methodology for Paper com/PCT/) C – A complete guide for passing the C Exam, DeltaPatents, 2nd Methodology edition, 2010 (http://www.deltapat- – S. Roberts and A. Rudge: A Com- ents.com/en/ip_courses/) plete Guide to Passing the Euro- pean Qualifying Exam and Qualify- ing as a European Patent Attorney, Training Sweet & Maxwell, 5th edition, 2010 – S. Exner: DII-Book – Sachverhalte EPC-related analysieren und Rechte bewerten – – Association française des Spécial- Erfolg im DII-Teil der Europäischen istes en Propriété industrielle de Eignungsprüfung, Heymanns, 2009 l’Industrie – M. Herzog: The European qualifying (http://www.aspi.asso.fr/ ) examination (EQE) exam tech- – CEIPI – International Section (http:// niques and tactics, epi Information www.ceipi.edu/) 3/1995, 95-99 – Centre de Patents de la Universitat – DeltaPatents: Methodology Paper de Barcelona (http://www.pcb. A and B Electricity-Mechanics, ub.es/centredepatents/cas/index. October 2008 edition (http://www. html) deltapatents.com/en/ip_courses/) – Patskills (B.Cronin): Training for qualiﬁ cation as European Patent Attorney (http://www.patskills.ch/)

68 – DeltaPatents (http://www.deltapat- – PCT Distance Learning Course: ents.com/en/ip_courses/) Introduction to the Patent Co- – epi-Tutorials (http://www.paten- operation Treaty (http://www.wipo. tepi.com/) int/pct/en/distance_learning/index. – EQE Forum of the European Patent html) Academy – WIPO Worldwide Academy (http:// (http://www.eqe-online.org/fo- academy.wipo.int/) rum/) – WIPO Seminar Materials based on – EQE-Online: Questions on the cal- seminars presented by WIPO speak- culation of time limits ers (http://www.eqe-online.org/ques- (http://www.wipo.int/pct/en/semi- tions/) nar/index.htm) – EQE-Online: Mock Pre-Examination (http://www.eqe-online.org/questions/mock-pre-exam/) Blogs – EQE-Online: Paper A training (http://www.eqe-online.org/ques- – EQE Tools (http://eqetools.blogspot. tions/paperA) com) – EQE-Online: Paper DII training – EQE Forum of the EPO (http://www. (http://www.eqe-online.org/ques- eqe-online.org/forum/index.php) tions/paperD2) – IPKat (http://ipkitten.blogspot. – e-learning at the EPO (https://e- com/) learning.epo.org/ ) – European Patent Case Law (http:// – JDD Consultants I.P. Courses (http:// europeanpatentcaselaw.blogspot. www.jddcourses.co.uk/) com/) – VIPS/VESPA–Prüfungstraining – Paper C Weblog (http://eqe-c.blogs- (http://www.chepat.ch/pages/aus- pot.com/) (DeltaPatents) bildung.php) – Paper D Weblog: http://eqe-d.blogs- – VPP E–prep (http://www.e-prep.de/) pot.com/ (DeltaPatents) – Patent Law Weblog: http://dp- PCT-related patentlaw.blogspot.com/ (DeltaPat- – PCT Resources (http://www.wipo. ents) int/pct/en/) – Salted Patent: http://saltedpatent. – PCT Newsletter (http://www.wipo. blogspot.com/ int/pct/en/newslett/index.html)

69 Language training and other skills

– British Council: http://www.british- council.org/brussels.htm – Goethe-Institut: http://www. goethe.de/ – Dyas A. Lawson, Tips for improving your handwriting: www.paperpena- lia.com

70 Centre d’Etudes Internationales de la Paper copies of this guide can be Propriété Intellectuelle ordered free of charge from csc@epo. CEIPI org (indicate: “EQE study guide”). 11, Rue du Maréchal Juin BP 68 An online version of this guide is 67046 Strasbourg Cedex available from the websites of CEIPI, France the epi and the EPO. The online ver- http://www.ceipi.edu/ sion at www.eqe-online.org/wiki is [email protected] updated when changes are made to the content. European Patent Ofﬁ ce European Patent Academy Please send feedback on this brochure Landsberger Strasse 30 to [email protected]. 80339 Munich Germany http://www.epo.org/about-us/ofﬁ ce/ academy.html [email protected]

Institute of Professional Representatives before the EPO epi Bayerstrasse 83 80335 Munich Germany http://www.patentepi.com/ [email protected]

71 www.epo.org