Friday, 20 January 2017

Preparing for D 2017

The Guidelines for Examination are an important source of information for answering legal questions in the D-paper, as they document the EPO practice and application of EPC Articles, Rules, Decisions and Notices.

The Guidelines of 1 November 2016 are the relevant version for EQE 2017. It incorporates for example electronic notification (E-I, 2.4; OJ 2015, A17; OJ 2015, A36), and the amended PACE regime (E-VII, 4; OJ 2015, A93).

Note however that not all OJ publications from before 1 November are incorporated in the Guidelines of November 2016, even though the date given on the Guidelines cover page suggests they are. Thus, some parts do not correctly reflect the legal situation on 1 November (nor on 31 December). 

Not incorporated are for example:
Although it is unlikely that an EQE 2017 question could be designed for these recent changes, the changes may have an effect on the answer: application of the applicable legal provisions and notices may give another answer than the incorrect answer that would be derived from the Guidelines. We recommend to annotate your paper copy of the Guidelines with the correct information.