Thursday, 26 February 2015

Our answers to the DI-part of D 2015 (repost)


Our answer to the DI-part of the D 2015 is given below.
Our answer to the DII-part can be found in a separate thread "Our answer to the DII-part of D 2015".
First impressions to the paper are given in another thread "D2015: First impressions?".

Copies of the paper: EnglishFrench and German versions from EQE Compendium.
All blog threads allow anyone to add comments and already have a lot of valuable, interesting and sometimes surprising discussions between many candidates who posted their comments as well as tutors resulted from those.Any remarks, (different) opinions and questions as are welcome! Please post your contribution as comments to this blog, so everybody can paticipate in and benefit from the discussion/ explanation.


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 24-02-2014 17:54"), whereas using your real name or even a pseudonym (nick-name) is more personal, more interesting and makes a more attractive conversation.


Be reminded that the task in DI is to show to the Exam Committee that you understand the law and can apply the law. The law tested is the EPC, the PCT, the Paris Convention, decisions and opinions of the Enlarged Board of Appeal (G-decisions as well as R-decisions on petitions for review), landmark decisions of the Technical and Legal Boards of Appeal (T- and J-decisions), a general knowledge of the national laws of the EPC Contracting States "to the extend that they apply to European patent applications and European patents" and of the US and Japan.

Hereto, you need to give an answer supported by an explicit, step-by-step reasoning, wherein each step cites one or more specific legal provision or other reference, such as an OJ EPO publication.

Click "Read more" to read our answer,


Roel, Jelle & Pete


Note: this is a repost - somehow during the editing of the answers yesterday (25 Feb), the whole thread got lost with all the comments. Sorry for any inconvenience.

The answers from yesterday have now been trimmed down in line with our DI methodology, and based on the comments posted to yesterday's answers.


Wednesday, 25 February 2015

Our answer to the DII-part of D 2015


Our answer to the DII-part of the D2015 is given below.
Our answer to the DI-part will be made available in a separate post"Our answer to the DI-part of D 2015".
First impressions to the paper are given in another thread "D2015: First impressions?".
Copies of the paper: EnglishFrench and German versions from EQE Compendium.
All blogs allow anyone to add comments and already have a lot of valuable, interesting and sometimes surprising discussions between many candidates who posted their comments as well as tutors resulted from those.

Any remarks, (different) opinions and questions about our answer are welcome! Please post your contribution as comments to this blog, so everybody can participate in and benefit from the discussion/ explanation.
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 23:49"), whereas using your real name or alternatively a pseudonym (nick-name) is more personal, more interesting and makes a more attractive conversation.

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

Be reminded that the task in DII is to advise the client how to build and use a patent portfolio to support his business and to advise the client how to deal with third party’s rights that may prevent him from doing his business. It is thus not sufficient to only use legal patent terms (prosecute, infringe, within scope): you need use real life words that a real life client can understand (you will have protection for R, so you can stop your competitor from making/selling/using/importing ... in FR; your competitor has protection for S, so you can be stopped from producing ... in CZ). In DII you have to -and can- fully concentrate on giving an adequate advice without being disturbed by looking up and citing legal basis.

Where we give legal basis, this is for information only - legal basis is not required in the DII-part.

Click "Read more" to read our answer,

Roel, Pete, Jelle

Tuesday, 24 February 2015

D 2015: first impressions?


To all who sat the D-paper today:

What are your first impressions to this year's D-paper? Any general or specific comments?

Were the topics well balanced in the DI-part?
Was the balance between EPC and PCT right for you?
Which of the the DI Questions did you consider particularly difficult, and which relatively 'easy'?
Did you skip any DI-questions? if so, why? Too difficult, or allocating the time for another question?
Were the legal issues in the DII-part well doable?
Did errors with one of the legal issues or one of the patentability issues in DII have a big knock-on effect on the rest of the paper in your view (D2013 and D2014 were very well designed in this respect!)?
How much time did you allocate for DI, how much for DII?
Which part did you do first, DI or DII?
How many marks do you expect to have scored in the DI-part, in the DII-part, and for the whole
What is your expectation of the pass rate and the average score?
 paper?
How did this year's D-paper compare to the D2013 and the D2014 (assuming your practiced those) - DI and DII-wise?

The paper and our answers

Copies of the D-paper are here (English, French and German if available).

The core of our answers are here: DI-questions and the DII-part.

We look forward to your comments!
Comments are welcome in any official EPO language, not just English. 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 27-02-2014 17:54"), whereas using your real name or a pseudonym is more personal, more interesting and makes a more attractive conversation. You do not need to log in or make an account - it is OK to just put your (nick) name at the end of your post.

Please post your comments as to first impressions and general remarks to the D-paper as a whole, and to the two parts (DI and DII) as whole part to this blog.
Please post substantial questions to specific DI questions to the DI thread "and DII-related questions to the DII thread. Thanks!

Roel, Pete, Jelle

Thursday, 19 February 2015

Strict rules of conduct for the exam (update)

I 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.

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

Wednesday, 4 February 2015

What should you take to the Main Exam?

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

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!

Known errors in Main Exam Questions for Paper D - May 2014

These are the most important corrections and amendments that we have made in the Main Exam Questions for Paper D book since it was published in May 2014. Please let us know if anything is not clear.

The known errors in the Basic Legal Questions are here