Our printable version of the PCT Applicants Guide - now available for EQE 2011

The Examination Board will make a printable version available in the next couple of weeks. The Dec. 2010 version will appear here on the right-hand side of the page when it is ready)

However, this document is 1700 pages with a lot of information that will never be asked on the EQE, such as details on African states. Also there are other things on the WIPO web-site which you should have with you that are not included in the 1700 pages.

As an alternative, I have captured and assembled 3 books. They are intended to be printed with 2 pages on each A4 sheet and double-sided. The specific information on states is restricted to EPC states, the largest patent offices, the 12 most popular rO's, and the 12 most popular dO's & eO's.


Updated post - 2/2/11.
Addendum to Part II (pages 5 & 6). Receiving Offices left out of part II:

- All these rO's allow filings by their residents and nationals.
- All allow the EPO to be used as ISA, except for KP, PG & ZM
- If the EPO was the ISA, then all these rO's also allow the EPO to be the IPEA
- No information at all is available for these rO's: AG, DM, GD, KM, KN, VC


PCT Appl Guide EQE2011.pdf – 285 pages
Comprising the “Guidelines” parts of the Applicants Guide.
Also comprising conversion tables for the old AG references, an introduction to PCT (including a useful guide to procedural safeguards) and the main applicant forms.

PCT Reference EQE2011 - Vol I.pdf – 338 pages
PCT Reference EQE2011 - Vol II.pdf – 174 pages
Comprising selected annexes from the PCT Applicants Guide.
Also comprising overviews from the WIPO web-site, accession dates for Paris Convention, WTO and EPC states, WIPO/EPO agreement and information on EPO as SISA.

Conversion tables for PCT Applicants Guide

Since 1 Jan 2010, the PCT Applicants Guide introductions have been renumbered.

If you have any old references, you can easily update them yourselves using the conversion tabels posted by the WIPO:
International Phase
National Phase

Non-EPC law for the EQE

Someone asked me what they need to know about US, JP, KR, CN patent law.

The Examination Board has provided the PCT Applicants Guide - you can, in principle be asked about the national entry requirements found in National Phase part, per state. For each state an overview is given of the requirements. I have limited the list that I think could possible be relevant to:
- National chapters for biggest offices CN, EP, JP, KR, US
- "National" chapters for other regions: AP, EA, OA
- National chapters for all EPC members states; and all Extension states (AL, BA, RS)
- National chapters for top 15 dO/eO's not yet mentioned: AU, BR, CA, IL, IN, MX, NZ, RU, SG, ZA

You never need to cite the national legal basis - only EPC / PCT and PC is required.
-----------------

US and JP
Officially (from Art.13 REE), you are expected to know
(b) the United States of America and Japan to the extent that they are of importance in connection with
proceedings before the EPO.
This is rather vague, but the assumption is that you encounter these topics during your 3 years of practical experience. The topics you should know something about are:

US
  • 1 year grace period to file from a disclosure
  • Interference
  • First to invent (generally)
  • Inventors are applicants (see also PCT)
  • Information disclosure statement (IDS)
  • Continuing patent application (continuations and continuations-in-part)
  • Possibility to patent business methods
  • Doctrine of equivalence
  • Provisional applications
  • Attorney-client privilege as implemented in EPC (Art.134a(1)(d), R.153)

JP
  • 6 month grace period to file from a disclosure
You do not need to know the details. It is more about knowing the possibilities under US and JP law which are different from the EPC. You never need to cite US or JP national law of office guidelines.

Unfortunately, I do not have a single document dealing with these points. However, a good resource is Wikipedia for the US and JP. This is about the level you need to know it.

Other PCT things to print out and take

If there is still room in your suitcase, I would also recommend the following for PCT:


Overviews (these are in the complete Applicants Guide, but they are faster to find like this):

Others
  • Agreement between WIPO and EPO: Version 1 March 2009
    May be referenced on EQE as: OJ 2009,206
     
  • Background PCT: Version 1 Dec 2009
    In particular the last section on Procedural Safeguards for International Applications

Printable PCT Applicants Guide now available for EQE 2010

Thanks to Cees Mulder (known to EQE candidates as the author of the Cross-referenced PCT) for letting me know about the latest version printable PCT Applicants Guide.
The EQE Examination Board arranges each year that the WIPO produces a printable version of the PCT Applicants Guide to take to the exam. These are large files (1600 pages). No electronic equipment is allowed at the EQE, so you have no choice - you have to print out what you want to take.

PCT Applicant's Guide (Special edition as of 31 December 2009 prepared for EQE candidates)
International Phase [PDF] (4,767 KB) - 665 pages.
National Phase [PDF] (19,867 KB) - 1023 pages.


I complained about the size at the last Tutor's meeting, and the Exam Committee admitted that some parts will never be the subject of EQE questions (like the national chapter in Ukraine ;-) However, no-one wanted to define an official minimum list.

Based on the syllabus, past questions, the largest patent office, and the most popular national entries, my minimum list would be:
1) The whole of the international phase pdf document (Applicants Guide & all annexes)
2) For the national phase pdf, only (should save about 400 pages)

- National Phase Guide: p3-p21
- National chapters for biggest offices CN, EP, JP, KR, US
- "National" chapters for other regions: AP, EA, OA 

- National chapters for all EPC members states (see below for the list - note that some have closed there national routes. For these, the EP "national" chapter applies)
- National chapters for all Extension states (AL, BA, RS)
- National chapters for top 15 dO/eO's not yet mentioned: AU, BR, CA, IL, IN, MX, NZ, RU, SG, ZA



To avoid printing difficulties select “Fit to Printable Area” in the “Page Scaling” options when printing.
You can reduce the amount you have to carry by printing double-side with 4 pages per A4 sheet - I think it is still readable.



EPC members and extension states

Status: 31/12/2009

Code
Member state
Since
AT
Austria
1 May 1979
BE
Belgium
7 October 1977
BG
Bulgaria
1 July 2002
CH
Switzerland
7 October 1977
CY
Cyprus
1 April 1998
CZ
Czech Republic
1 July 2002
DE
Germany
7 October 1977
DK
Denmark
1 January 1990
EE
Estonia
1 July 2002
ES
Spain
1 October 1986
FI
Finland
1 March 1996
FR
France
7 October 1977
GB
United Kingdom
7 October 1977
GR
Greece
1 October 1986
HR
Croatia
1 January 2008
HU
Hungary
1 January 2003
IE
Ireland
1 August 1992
IS
Iceland
1 November 2004
IT
Italy
1 December 1978
LI
Liechtenstein
1 April 1980
LT
Lithuania
1 December 2004
LU
Luxembourg
7 October 1977
LV
Latvia
1 July 2005
MC
Monaco
1 December 1991
MK
Former Yugoslav Republic of Macedonia
1 January 2009
MT
Malta
1 March 2007
NL
Netherlands
7 October 1977
NO
Norway
1 January 2008
PL
Poland
1 March 2004
PT
Portugal
1 January 1992
RO
Romania
1 March 2003
SE
Sweden
1 May 1978
SI
Slovenia
1 December 2002
SK
Slovakia
1 July 2002
SM
San Marino
1 July 2009
TR
Turkey 
1 November 2000

Remedies under PCT

PCT is rather compicated, which makes any overview particularly helpful.
I recently discovered this very useful document and presentation on the WIPO website.
In particular, the document (starting on page 27, has a very nice summary of "Procedural Safeguards for International Applications". Several of these have been on the EQE before.