Tuesday, 24 February 2015

Our (provisional) answers to the Claim Analysis part of Pre-Exam 2015


Before checking your own answers with the provisional answers given below, please first check out on the blog post  First impressions of Pre-Exam 2015?  for general questions and general comments about Pre-Exam 2015 (click here for EnglishFrenchGerman version)!, and post your first impressions there.The Legal  part is discussed in a separate blog post: Our (provisional) answers to the Legal Part of Pre-Exam 2015

Our preliminary answers (not yet thoroughly reviewed) are:
Q.11:  F, F, F, F
Q.12:  F, T, T, F# 
Q.13:  F, T, F, F
Q.14:  T, T, T, F
Q.15:  T, T@, F, T
Q.16:  T*, F, F, F
Q.17:  T, T, F@, F
Q.18:  T, T, F, F
Q.19:  T, F**, F, T
Q.20:  T, T***, T, T

* = answer depends on how strictly intermediate generalisation test is applied, see below
** = different interpretations possible but we tend to 'false', see below; Examiner's report considers both answers correct [comment added after Examiners report became available]
*** = ambiguous statement but we tend to 'true', see below
# = see comment of Arthur L for reasoning in support of 'true'
@ = Examimer's report answered F for 15.2 and T for 17.3 -- however, appeals based on opposite answers were successful, so our answers T and F are(also) correct [comment added on 8 May]

Any different opinions are welcome! Please post your opinions as comments to this blog, so everybody can from the discussion. Comments are welcome in any official EPO language. So, comments in German and French are also very welcome!

Please do not post your comments anonymously - it is allowed, but it makes responding more difficult and rather clumsy ("Dear Mr/Mrs/Ms Anonymous of 26-02-2014 23:59"), whereas using your real name or a pseudonym is more personal, more interesting and makes a more attractive conversation.

For comments, legal basis and our key considerations and reflections: click to read more.


Note: there are so many comments that you may need to click on "Load more" at the end of the first long page of comments to be able to see also the most recent comment threads!!!

Monday, 23 February 2015

Our (provisional) answers to the Legal Part of Pre-Exam 2015


Before checking your own answers with the provisional answers given below, please first check out on the blog post  First impressions of Pre-Exam 2015?  for general questions and general comments about Pre-Exam 2015 (click here for EnglishFrenchGerman version)!, and post your first impressions there. The Claims Analysis part is discussed in a separate blog post: Our (provisional) answers to the Claims Analysis Part of Pre-Exam 2015 

My provisional answers (not yet thoroughly reviewed; and subejct to any typos...) are:


Q.1:  T, F, T*, F**;
Q.2:  F, T, F, T;
Q.3:  F, T, F, T;
Q.4:  T, F, T, F;
Q.5:  F, T, F***, T****;
Q.6:  F, F, T, F;
Q.7: T, T, F, T;
Q.8: F, T, T, F;
Q.9: T, F, T, T;
Q.10: T, T
*****, F, T.

Key legal basis and/or argumentation to the answers is given below. I will double-check the answers today (Tue Feb 24) with my colleague tutors in DeltaPatents. Some comments for now:

* /** Q.1: not really a nice question to start with: 1.3 and 1.4 may have taken quite some time.
* For 1.3, I originally answered False as I did not recognize that the "change of representation" from A to B implied a termination of the authorization of Mr.A. Oops... See the discussion below: thx guys! 
*** 5.3: a bit of a tricky question, but almost the same as 4.2 of Pre-Exam 2014: an easy mark?!
**** 5.4: OJ 2013, 156, example 5, item 22; "on" in the statement.
***** 10.2: who of you ever tried?

Any different opinions are welcome! Please post your opinions as comments to this blog, so everybody can from the discussion.  Comments are welcome in any official EPO language. So, comments in German and French are also very welcome!


Please do not post your comments anonymously - it is allowed, but it makes responding more difficult and rather clumsy ("Dear Mr/Mrs/Ms Anonymous of 26-02-2014 23:59"), whereas using your real name or a pseudonym is more personal, more interesting and makes a more attractive conversation.

First impressions Pre-Exam 2015?


To all who sat the Pre-Exam 2015: 

What are your first impressions? Any general or specific comments?
Were the topics well balanced?
Was the Pre-Exam more difficult than in 2012, 2013 and 2014? 
Were the Legal Questions difficult? 
Were the Claims Analysis Questions difficult?
How many marks do you expect to have scored for the legal part, the claims analysis part and in total?
What is your expectation of the pass rate and the average score?

Was your preparation adequate?

We look forward to your comments!

Please do not post your comments anonymously - it is allowed, but it makes responding more difficult and rather clumsy ("Dear Mr/Mrs/Ms Anonymous of 27-02-2015 02:13 am"), whereas using your real name or a pseudonym is more personal, more interesting and makes a more attractive conversation.


You are invited to post your comments as to first and general impressions to the Pre-Exam as a whole to this blog as well as to any first and general impressions about the two parts (Legal; Claims Analysis) to this blogPlease post your comments as to specific questions and elements of (y)our answers  to the respective blogs where we provide our (provisional) answers:
   - Our (provisional) answers to the Legal Part of Pre-Exam 2015and
   - Our (provisional) answers  to the Claims Analysis Part of Pre-Exam 2015

Comments are welcome in any official EPO language, not just English. So, comments in German and French are also very welcome!

Copies of the Pre-Exam 2015 paper in each of the three languages are available here (linked to the EQE Compendium website): 
EnglishFrenchGerman: enjoy!!!

And hope to see all of you in one of our main exam courses: for more information (details of the courses, provisional dates, locations throughout Europe, and for paper C and D also German and French language courses for EQE 2016 preparation) refer to our Training page with links to the various courses that we provide, and feel free to contact Mieke Zonjee, our course coordinator for additional information at TRAINING -at- deltapatents -dot- com.

The DeltaPatents EQE training team


Friday, 20 February 2015

Strict rules of conduct for the exam (update)

We have now received a clear confirmation of the policy during the exam regarding electronic devices from the EQE secretariat:

Electronic devices are strictly forbidden in the examination hall, no matter if they are turned off or not.
Any candidate found with such a device in the hall is clearly breaching the regulations, and he/she might face disqualification from the exam.
The only electronic devices which may be allowed in the examination hall are medical devices that candidates need for health reasons.
We recommend that candidates leave their mobile phone at their hotels if they are travelling.
There are no cloakrooms at the examination centre, however we will provide envelopes (you will have to write your name on it) where the device can be placed and it will be put in a box.
The box will be outside of the examination hall. Neither the Examination centres nor the Examination Secretariat  will take any responsibility for loss or damage to the items stored in this box.
This is probably not the solution that you wanted, but this is becoming common practice for exams. A simple watch with an analogue dial is the only thing you can have with you.

So either leave them all at home, or in the hotel, or car, or in train station locker.

And finally: we wish all candidates good luck!!!

Friday, 6 February 2015

Strict rules for the conduct of the exam

We have heard from some candidates that the CEIPI tutors are warning that the some of the exam regulations are to be very strictly applied this year and in the future.

If you have any further questions, you can ask the EQE secretariat at eqe@epo.org

1) Electronic devices
Instructions to candidates concerning the conduct of the European qualifying examination

9. Candidates are not permitted to: (a) bring to the pre-examination or the main examination any electronic devices other than an analogue wrist watch with no additional options, unless express
prior permission to use such devices has been given by the Examination Secretariat;

14. The invigilators shall take the names of candidates who do not comply with these instructions and report to the Examination Board any other relevant circumstances.

According to an e-mail from the EQE organization (see below), no electronic devices (phones) will be allowed at all in the room. It therefore seems advisable not to take phones, watches, etc with you to the exam location as I am not aware of any lockers at the exam locations. If you have books etc. under the table, make sure there are no electronic devices(even turned off) in the bag as well.

2. Closing signal => means no more writing
Instructions to candidates concerning the conduct of the European qualifying examination
18. (Pre-exam) When the closing signal is given,
candidates must:(a) stop writing immediately
24. (Main Exam When the closing signal is given, candidates must:
(a) stop writing immediately,

It is common practice to number your pages at the end, and there was a degree of flexibility. But this may no longer be possible. So take the last few minutes to number your pages.

If the time is finished, and you forgot to number them, you can ask the invigilator if it is still possible under their supervision (this is also possible if you forget to hand in a page)

----------------------------------

For the possible consequences, see R.19 and R.20 of the REE implementing regulations:
Rule 19 Conduct of the pre-examination or the examination
(1) If a candidate fails to comply with the instructions to candidates concerning the conduct of the pre-examination or the examination or with instructions given on the basis thereof by the invigilators,
the following measures may be taken by the Examination Board in respect of that candidate:
(a) deduction of marks
(b) instructions to the competent Examination
(c) instructions to the competent Examination Committee not to mark the answer paper concerned and not to award any marks, and/or
(d) disqualification from the preexamination or the examination for a given year.

Rule 20 Fraudulent behaviour
(1) Fraudulent behaviour is any behavior by a candidate with the aim of obtaining an undue advantage during registration/enrolment or during/after the pre-examination or the examination.
Such behaviour may consist, inter alia, in presenting false documents, making false or incomplete statements and/or using equipment during the preexamination or the examination which is
not allowed.
(2) The following measures may be taken by the Examination Board if fraudulent behaviour has been discovered:
(a) refusal of registration and/or enrolment for the forthcoming and subsequent pre-examinations or examinations
(b) deduction of marks
(c) instructions to the competent Examination Committee to mark the answer paper concerned only in part
(d) instructions to the competent Examination Committee not to mark the answer paper concerned and not to award any marks, and/or
(e) disqualification from the preexamination or the examination for a given year.

Letter from EQE secretariat:
Sehr geehrte Bewerberin, sehr geehrter Bewerber,
aufgrund der Erfahrungen der letzten Jahre und um eine faire Prüfung zu gewährleisten, möchten wir Sie an Folgendes erinnern:
Während der EEP sind elektronische Geräte VERBOTEN.
Mobiltelefone und viele andere elektronische Geräte sind heute ein fester Bestandteil unseres täglichen Lebens. Sie können jedoch nicht Teil der EEP sein und es ist strengstens verboten, elektronische Geräte jeder Art, seien es Mobiltelefone, Kameras, digitale Uhren oder Wecker mit in den Prüfungsraum zu nehmen (siehe Anweisungen für den Ablauf der europäischen Eignungsprüfung, Zusatzpublikation ABl. EPA 2/2014, S. 38 ff.). Unter keinen Umständen sind elektronische Geräte im Prüfungsraum erlaubt.
Bewerber, die mit einem elektronischen Gerät im Prüfungsraum vorgefunden werden (ausgenommen bei ausdrücklicher Genehmigung des Prüfungssekretariats), werden der Prüfungskommission gemeldet. Dies kann ernste Folgen haben (siehe Regeln 19 und 20 ABVEP).
Das Prüfungssekretariat ist überzeugt, dass Sie die Regeln respektieren. Wir wünschen Ihnen viel Erfolg für die kommende europäische Eignungsprüfung.
Mit freundlichen Grüßen

Das Prüfungssekretariat
Europäische Eignungsprüfung
Europäisches Patentamt, 80298 München, Germany
Tel. +49/89/2399-5155; Fax +49/89/2399-514

Count down: two weeks to the Pre-Exam

You now enter your final two weeks of Pre-Exam preparation. You will probably practice some old Pre-Exam papers to check your exam readiness and to feel confident.

When practicing using old paper, be aware of legal changes that may have an impact on the question and/or on the answer. DeltaPatents provides updated material, where questions and answers are updated to reflect the law as applicable at the coming Pre-Exam: if you use our P-book, last year's legal changes are all taken into account. If you however use the papers as on the EQE Compendium, the papers and the answers given on the Compendium website are exactly the exam papers and the answers reflecting the law that was applicable at earlier years.

There were many many changes in 2014 to the EPC as well as the PCT. They are documented in our book Basic Legal Questions for Pre-Exam and Paper D (edition May 2014) and the update to that book. Apart from the legal changes, also the Guidelines were updated per 1 November 2014 - it is this November 2014 edition that you need at the Pre-Exam 2015!

A series of changes since 1 April 2014 relates to the fee reductions for certain acts for applicants satisfying certain conditions, which effects Q.8 of the Pre-Exam 2014.

Here is our updated version of the question.

Pre-Exam 2014 - QUESTION 8  (updated)
  
Ms De Jong, a Dutch citizen resident in Berlin, filed on 4 February 2015 a European patent application EP-Z and a notice of opposition against European patent EP-Y. The mention of the grant of EP-Y was published on 24 June 2014. Both documents were filed in the Dutch language. Today is Monday 23 February 2015.

For each of the statements 8.1 – 8.4, indicate whether the statement is true or false:

8.1       Regarding EP-Y: the prescribed translation of the notice of opposition must be
filed at the latest within one month of filing of the notice of opposition.
8.2       Regarding EP-Z: the prescribed translation shall be filed within two months of
filing EP-Z.
8.3       Ms De Jong can be entitled to a reduction of the opposition fee.
8.4       Ms De Jong can be entitled to a reduction of the filing fee for EP-Z.

If you want to receive the answer to the question, please email us your answer and a brief explanation how you got to the answer, and we will send it to you a.s.a.p. Use email subject "My answer to Pre-Exam 2014 Q.8 on Pre-Exam Blog". My contact details are given here.

Good luck at the exam! 

And make sure to pass the Pre-Exam, so we can see you in one of our main exam courses, e.g., our 3-day D Methodology course that we give at various locations across Europe in autumn 2015 (English or German),  our subsequent 2-day Guided D course in December-January and/or our 4-day D Trail Run course in Eindhoven/Munich in January 2016 or one of our A, B or C Methodology and Guided Exam courses, or -if your legal knowledge was insufficient- an intensive 8-day Basic Legal course (3 blocks of 4 days EPC, 2 days substantive patent law and 2 days PCT), to which you can register via our website or using the registration forms in the brochures.

Wednesday, 4 February 2015

Known errors in Basic Legal Questions - May 2014

Here are the most important corrections and amendments that we have made in the Basic Legal Questions book since it was published in May 2014. Please let us know if anything is not clear.

Our FREE printable versions of the PCT Applicants Guide - available now for EQE2015

By agreement with the EQE Examination Board, the WIPO produces a printable version of the complete PCT Applicants Guide, including all the annexes, specifically for the Pre- and Main Exam. The current version can be found here. However, this version is 1800 pages and much of the information provided will never be required at the exam because it falls outside the syllabus.

Candidates already have enough to take to the exam. Based upon the EQE Regulations, past D papers and comments from the D Examination Committee, we have produced this abbreviated version to lighten the load and to save a few trees. Additionally, the WIPO provides useful overviews on its website to use at the exam, such as the PCT reservations, overviews for restoration of priority etc. which we have also included. Many candidates are unaware of their existence, and they are not even included in the official 1800 page version.

Our document of about 850 pages is available free of charge to download from the DeltaPatents website (www.deltapatents.com) – navigate to Training / Course Links and look under PCT for the “PCT references”. Please feel free to pass on the links to anyone who needs them.

To save paper when printing, it is designed to be printed with 2 pages on each side of an A4.

Basic information is included for all PCT states such as Treaty membership, reservations, national entry deadlines etc. For the most relevant states, almost all information from the Applicants Guide annexes is included:
  • The top 15 receiving Offices in 2013 and the top 20 dO/eO’s in 2012 (WIPO statistics) 
  • All EPC states and all extension states 
  • All ISA’a, SISA’s, IPEA’s, and all Intergovernmental Organizations
Extensive information is provided for the EPO. For the other four largest patent offices - CN, EP, JP, KR, US, the complete summary of entry requirements and national procedure from the national chapter is provided (the fees and forms have been removed).

This reference is split into 3 parts:
Good luck at the EQE!

What should you take to the Pre-Exam?

If you are wondering what you should take to the exam, some suggestions are available here