European qualifying examination
Implementing provisions to the Regulation on the European qualifying examination
THE EXAMINATION BOARD,
Having regard to Article 7, paragraph 6, of the Regulation on the European qualifying examination for professional representatives (REE) of 9 December 1993 (OJ EPO 1994, 7),
HAS DECIDED AS FOLLOWS:
The list of landmark decisions, which the examination committees shall draw up in accordance with Article 8(d) REE and which shall be applicable to the examination of the subsequent year, shall be presented to the Examination Board no later than at its last meeting before the examination of the current year in order to allow for its publication approximately 12 months prior to the examination to which it shall apply. In the case of the 1995 examination, the list shall be published as soon as possible after the entry into force of these provisions.
The first module as mentioned in Article 14(1) REE shall consist of papers A and B and the second module of papers C and D.
Examiners (members of the examination committees) shall bear in mind that the purpose of the examination is to establish whether a candidate is fit to practise as a professional representative before the European Patent Office.
Bearing this in mind, and on the evidence of the candidate's answer, examiners shall mark each paper separately as though it were the only one in the examination.
Examiners shall bear in mind that candidates may have written their papers in a language other than their mother tongue. Faults of grammar or style shall therefore not be penalised. However, any text proposed as part of a patent specification or application should meet the requirements of the European Patent Convention, in particular Article 84 regarding the clarity of claims.
When marking papers a scale from 1 (being the highest grade) to 7 (being the lowest) shall be used.
If the candidate is considered fit to practise as specified in Rule 3, a grade from 1 to 4 shall be awarded for the paper.
The purpose of grades 1 to 4 is to guide the Examination Board when, at the first sitting of the examination, a candidate is awarded grades 5 or 6 in other papers. A 1 shall be awarded very sparingly, to reward an excellent performance. A 2 shall be awarded for a very good performance, a 3 for a good performance and a 4 for a satisfactory performance despite some deficiences.
If a candidate's paper is not awarded a grade between 1 and 4, the candidate has failed the paper. Depending on the seriousness of the deficiencies the paper is awarded a grade 5, 6 or 7.
(1) Details of the marks shall be contained on the marking sheets filled in by the examiners.
(2) The answers and marking sheets are sent to all unsuccessful candidates. Resitting candidates shall receive only the answers and marking sheets of the paper(s) they failed.
(3) Candidates who have sat the examination in modules as mentioned in Rule 2 shall, before sitting the second module, be informed only of the grades awarded in the first module.
(1) A candidate who sits the examination for the first time shall be deemed to have passed the examination if he or she:
(a) has failed only one paper, which has been awarded a grade 5, and that grade is offset by a grade 3 or better in at least one other paper,
(b) has failed only one paper, which has been awarded a grade 6, and
(i) if that grade is in paper A or B, it is offset by a grade 3 or better in paper B or A and in at least one other paper;
(ii) if this grade is in paper C or D, it is offset by a grade 3 or better in paper D or C and in at least one other paper;
(c) has failed two papers, each of which has been awarded a grade 5, those grades being in only one of A and B and only one of C and D and offset by a grade 3 or better in both of the remaining two papers.
(2) If a candidate's paper is awarded a grade 7 this grade cannot be compensated by any grades in other papers.
A candidate shall be deemed not to have passed the examination at the first sitting if he or she has failed one or more of the papers, and does not qualify under Rule 10.
After the first sitting of the examination under the Regulation on the European qualifying examination as adopted on 9 December 1993, an unsuccessful candidate may at a later examination only resit one or more of the papers he or she has failed.
(1) Article 18 REE shall apply to candidates who fail the examination in 1994 and subsequent years. Candidates who had a right to a partial resit applicable in 1993 or who failed the examination in 1993 may, at their first subsequent attempt at the examination, avail themselves of Article 18 REE or choose to resit the examination in full; Rule 10 shall apply to this full resit.
(2) Article 18 REE shall not apply to candidates who failed the examination in 1992 and earlier years and had no right to a partial resit applicable in 1993. These candidates will have to resit the examination in full; Rule 10 shall apply to this full resit.
(3) For application of Article 18 REE, only the results obtained at the last attempt at the paper or papers concerned shall be taken into consideration.
After the first sitting of the examination under the Regulation on the European qualifying examination as adopted on 9 December 1993 a candidate resitting the examination shall only be deemed to have passed the examination when he or she has passed each paper.
(1) These Implementing provisions replace the Implementing provisions under Article 12 REE, last amended with effect from 1 January 1993 (OJ EPO 1993, 73) and shall enter into force on 19 May 1994.
(2) Rule 2 shall be applicable from 9 December 1993.
Done at Munich, 19 May 1994.
For the Examination Board