Monday, 2 October 2017

Guidelines November 2017

A pre-publication of Guidelines for Examination November 2017 is available on the EPO website, as well as of the Guidelines for Examination at EPO as PCT authority.
The HTML-pages also contain a page with a list of changes (at the bottom of the left column)

The final version, available as of 1 November 2017, is however not the relevant version for EQE 2018 (Pre-Exam and Main Exam): per decision of the Supervisory Board of 29 September 2017, the rekevant date for the applicable law and GL was changed from 31 December to 31 October ofd the year prior to the exam (see here).



2 comments:

  1. Hi Roel,

    Could you confirm what effect this really has in terms of the versions of the Guidelines we should be taking in to the exams?

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    Replies
    1. It means that the 2017 version, dated 1 November 2017, is not the relevant version for EQE 2018 (Pre-Exam and Main Exam): per decision of the Supervisory Board of 29 September 2017, the relevant date for the applicable law and GL was changed from 31 December to 31 October (see here), such that the November 2016 version is the relevant version for EQE. Note that that version is partially overruled by legal changes (RFees 11, Rule 51(2), Rule 162, Rule 27, Rule 28 EPC) and case law (G 1/15 - partial priority).
      Thus, if you cite a Guidelines paragrapgh, you must cite the paragraph number from the 2016 version.
      As to the content, neither version is completely and correctly representing the law as on 31 October 2017. The 2016 version is the relevant version but in parts outdated; the 2017 version has many renumbered paragraphs (especially, but not only, in Part E) and is too new as it also includes changes per 1 November.
      I personally would take the 2016 version to the exam (as that is the officially relevant version) together with a correct version of RFees 11 (as I expect that that will be tested, possibly in combination with refund of the designation fee and refund of the extension/validation fee, after a withdrawal of the application).

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