EQE - European qualifying examination

Candidates need to be particularly conversant with European patent law, the Patent Cooperation Treaty (PCT), the Paris Convention, EPO board of appeal case law and certain national laws in so far as they apply to European patent applications and European patents. The content of the examination only relates to legal texts which were in force on 31 October of the year preceding the examination.

The examination papers are drawn up in the three official languages of the EPO (English, French and German). Candidates may be permitted to submit their answers in another official language of a contracting state.

The EQE, usually held once a year, comprises five papers:
- Pre-examination - assesses candidates' ability to answer legal questions and questions relating to the drafting of claims.
- Paper A - tests the candidate's ability to draft claims and the introductory part of a European patent application.
- Paper B - requires candidates to prepare a reply to an official letter in which prior art has been cited.
- Paper C - involves drafting a notice of opposition to a European patent.
- Paper D - assesses candidates' ability to answer legal questions and to draft legal assessments.

Candidates may use any books and documents they consider useful for answering the examination papers.

The European qualifying framework proposed for the next generation of patent attorneys is a competences-based system that builds on the existing EQE to bring it closer to today's profession, adjust it to the digital environment, refine the approach to evaluation and ensure the highest quality standards.

The proposed scheme is a joint EPO-epi endeavour that can now be enhanced via the consultation. While open to everyone, the consultation mostly targets the profession, training centres and other interested parties. The model examination papers and the overall concept draw on 40 years of experience with the current EQE, the work of EPO and epi professionals, the feedback received from training institutions and numerous discussions with a range of stakeholders over the past 18 months.

The new qualifying system builds on a competences-based analysis of the existing EQE. A modular evaluation scheme of cumulative knowledge and increasing complexity assesses whether candidates have the specific and transversal competences, and the different kinds of underlying knowledge, expected of attorneys. The outcome consists of six modules that gradually progress from acquiring legal and procedural knowledge towards its practical application.

Becoming a European patent attorney under the new scheme will require candidates to take exams amounting to 20 hours over a minimum period of three years. The new format is adapted to allow for evaluation in the digital environment. It includes parts to be autoscored and shortens time spent on the computer. In parallel, the scope of the situations assessed has been broadened to ensure preparation for all steps along the patent grant procedure.

The learning journey takes candidates from remembering and understanding the fundamental provisions of patent law to performing typical actions such as analysing claims and drafting patent applications. They then continue to acquire the more in-depth knowledge required to take decisions at specific points of the patent procedure and design patenting strategies. The journey is organised into semestral examinations, although this timetabling is optional for the main papers: candidates can either follow the sequential approach or decide to take all main exams together at the end.

The first foundation module assesses the entry level of legal knowledge needed to operate in the European patent system. The second foundation module requires candidates to implement the knowledge gained in claims analysis and applied procedural patent law. Once candidates have completed the foundation modules, they can go on to take the main modules.

The first main module focuses on assessing information and client instructions, and tests whether candidates understand the invention, the instructions received and communications from examiners and others. The second main module puts candidates’ drafting skills to the test: they must prove their expertise in drafting and amending claims, replying to Office actions and drafting notices of opposition and other documents. In the third module candidates must reason, argue and manage advanced procedural aspects of patent law, assessing various options at a given point in the procedure in order to offer advice. Finally, in the fourth module, candidates must prove that they have the skills to handle relations with the client and the competences to provide advice and build on previously acquired knowledge in the areas of information, drafting and patent prosecution.

The consultation on the future European qualifying examination (EQE) will aim at gathering feedback on the proposed format for the EQE. The material provided for the consultation will include, in addition to the concept paper, details of the proposed modules, the list of competences tested, a set of model examination papers for these modules and a questionnaire. The model papers, produced by a joint EPO-epi team, will give an idea of how the future EQE might look. Please actively contribute once the model papers and questionnaire are available.

Depending on the outcome of the consultation, a fully-fledged reform of the Regulation on the European qualifying examination (REE) and its implementing provisions (IPREE) will follow. The EQE 2023 and 2024 will be conducted under the current regulations.

This section provides details of the concept behind the proposal and the tested competences, as well as a description of the modules.

A competence based modular proposal
Competences
Tables summarising the modules

Model papers (modules) have been prepared to show how the new system might look. To enable you to experience the full range of digital possibilities available, we strongly recommend registering via the link below to get access to the online examination platform (Wiseflow). When registering, please indicate a valid email address that will not change for the next few months. Please register even if you already have a Wiseflow account.

For all those who have registered by 19 May 2022, user accounts will be created in the week starting on 23 May 2022. It is expected that the model papers will also be made available in the course of this week. For those who register after 19 May 2022, user accounts will be created on a weekly basis.

You will receive an automated email from Wiseflow with an activation link. 

Register now

All model papers are available in Wiseflow. Additionally, you have access to the pdfs of M2 and M4 here:

M2 - Example A
M2 - Example B
M4 - Part 1
M4 - Part 2

Candidates must possess a scientific or technical qualification - for example, in biology, biochemistry, chemistry, electronics, pharmacology or physics.

Decisions on qualifications are based on Article 11(1)(a) of the Regulation on the European qualifying examination (REE) and Rules 11 to 14 of the Implementing provisions to the REE (IPREE).

At the date of the examination, candidates must have trained for three years (two years for the pre-examination) under the supervision of a professional representative or as an employee dealing with patent matters in an industrial company established in one of the contracting states.

The mandatory practical training is very important, since a great deal of the knowledge required by a European patent attorney is gained during this period. During this period the candidates must take part in a wide range of activities pertaining to patent applications or patents.

Only periods of professional activity completed after the required qualifications were obtained are taken into account. The training period must be completed at the date of the examination.

EPO examiners may enrol for the EQE if they have performed the duties of examiner for at least four years (three for the pre-examination).

The fee payable depends on the number of papers for which the candidate enrols. The basic fee is currently 200 EUR.

All candidates who, according to Article 11(2) REE have started

- training under the supervision of a professional representative, or

- to represent their employer before the EPO, or

- to perform duties of an examiner at the EPO,

and who

- intend to enrol to the EQE for the first time or

- have requested enrolment to the EQE in the past and were not admitted,

must register.

Candidates are expected to register shortly after starting their professional training.

Deadline for compulsory registration prior to enrolment for the pre-examination 2024 is 15 January 2023. See OJ EPO 2018, A99

Candidates who have already been admitted to the EQE (pre- or main examination) are registered and therefore do not need to register again.

This includes candidates who have already been admitted to the EQE but have not yet sat an examination paper.

Candidates are requested to register at the start of their training or employment activities.

It will however also be possible to register periods of professional activity completed in the past.