2.4. Setting, marking and grading

The examination committees prepare the examination papers and marking sheets (Art. 8(1)(a), (b) REE). Each answer paper or part of an answer paper is marked by the relevant examination committee and/or by autoscoring on a scale determined by the Examination Board (R. 6(1) IPREE). To pass the examination, a candidate must have passed each paper or have obtained the minimum grades as specified in the IPREE (Art. 14(1) REE, R. 6(5) IPREE). There is no “compensable fail” grade under the REE (see R. 6(3) IPREE, cf. R. 6(3)(c) IPREE 2018). A candidate who fails the examination may resit the paper or papers not passed (Art. 16(1) REE).

On the Examination Board's implied obligation with regard to preparing the examination papers and corresponding marking scheme correctly, see D 6/13, summarised in this chapter V.C.2.6.3. The examination committees are also expected to base their evaluations on a legally correct premise. They must apply both the Guidelines and the basic case law when assessing whether alternative solutions not covered by the examiner’s report are equally suitable to render a claim novel and inventive (D 14/23).

One of the changes included in the REE was the gradual introduction of five new modules (F, M1, M2, M3 and M4) starting in 2025 with the introduction of paper F. From 2027, all examination papers will be sat in accordance with the new REE (Art. 27 REE).