REPRESENTATION
European qualifying examination
Instructions to candidates for preparing their answers
Having regard to Articles 13 and 15(1), (2) of the Regulation on the European qualifying examination for professional representatives (REE) as worded in the text dated 9 December 1993 (OJ EPO 1994, 7), the Examination Board amends its instructions (OJ EPO 1994, 252) as follows with effect from 1 February 1995:
I. General provisions
1. Candidates are to accept the facts given in the paper and to base their answers upon such facts. Whether and to what extent these facts are used is the responsibility of the candidate.
2. Candidates are not to use any special knowledge they may have of the subject-matter of the invention, but are to assume that the prior art given is in fact exhaustive.
3. In addition to their answer, candidates may - but this is not mandatory - give, on a separate sheet of paper, the reasons for their choice of answer, for example why they selected a particular form of claim, a particular feature for an independent claim, a particular piece of prior art as starting point or why they rejected or preferred some prior art or possible opposition argument. Any such statement should however be brief.
Where expressly required, candidates must give reasons.
4. Candidates are expected to be sufficiently familiar with
- the Guidelines for examination in the EPO and
- the content of the Official Journal of the EPO
as published up to the end of the year preceding their examination.
II. Provisions applicable to paper A
Duration: 4 hours; second day, morning
5. Candidates are expected to draft an independent claim or independent claims giving the applicant the maximum valid protection to which he/she is entitled and having a reasonable chance of acceptance as valid by the EPO, bearing in mind the need for inventive step vis-à-vis the prior art as stated, the requirements of the Convention as to the form of the claim(s), other requirements of the Convention, and the recommendations in the Guidelines for examination in the EPO. Dependent claims should not exceed a reasonable number and be such as candidates would wish to fall back on in the case of failure of the independent claim/claims.
6. Candidates are expected to draft an introduction, ie that part of the description which precedes the examples or the explanation of the drawings. The introduction should be sufficient to provide support for the independent claims. In particular, candidates should consider the advisability of mentioning advantages of the invention.
7. Those sheets of the examination paper which candidates might wish to cut up and partially include in their answer will only be printed on one side. Scissors, glue and transparent gummed tape may be used, but no staplers. Equally, those sheets containing drawings will only be printed on one side.
8. The prior art documents shall be in the same language as the paper itself.
III. Provisions applicable to paper B
Duration: 3 1/2 hours; second day, afternoon
9. The technical subject of paper B will be the same as for paper A and candidates will be expected, on the basis of a description and claims provided, to draft a reply to an official letter provided in the form of a communication of the Examining Division. Instructions from the client may also be provided. The official letter may necessitate amendment of the claims. Candidates are not required to make amendments to the description. The reply should be presented as a letter to the EPO and contain arguments eg as to the relevance of the prior art. The amendments proposed should be sufficient to meet the requirements of the Convention as to the claims.
10. The prior art documents shall be in the same language as the paper itself.
IV. Provisions applicable to paper C
Duration: 5 hours; third day, morning
11. The paper will be presented in the form of a letter from a client to a professional representative. Candidates are expected to draw up a notice of opposition which satisfies the requirements regarding filing, other than those relating to typing and the keeping of certain margins. They may use the EPO Form 2300 provided (Notice of opposition against a European patent).
The notice of opposition prepared by the candidates should comply with Article 100 and Rule 55 of the European Patent Convention (EPC), bearing in mind the relevant recommendations in the Guidelines for examination in the EPO, Part D. However, in order to maintain the candidates' anonymity they are not to use their real name in the papers but, instead, candidates should use the name of the representative to whom the client's letter is addressed. The grounds of Article 100(b) EPC will not be used.
Candidates must also briefly set out on a separate sheet reasons why they adopted or did not adopt the suggestions of the client. In addition any questions the client may have posed should be answered.
Detailed analysis of documents done in rough on separate sheets is not regarded as part of the answer and should not be included or attached; nor should the test paper itself or any rough notes. Candidates should therefore concentrate more on the contested patent claims and less on analysis of the documents of the prior art.
12. The notice of opposition should contain all (and only those) grounds - as far as possible against all the claims - which candidates in that particular case consider prejudicial to the maintenance of the patent.
Omission of a good ground for opposition will lead to loss of marks, commensurate with the importance of the ground in the particular case.
13. The prior art will include at least three documents, including one in English and German only, one in English and French only and one in German and French only.
14. The paper will contain a glossary of the specialist terminology in the documents in the three official languages of the EPO and in any official language of a Contracting State requested for that particular examination under Article 15(3), second sentence, REE.
15. The European patent to be opposed will be furnished in all three official languages. Candidates must indicate which of the three versions they chose to oppose.
V. Provisions applicable to paper D
Duration: Part I, 2¼ hours, first day, morning; Part II, 3 hours, first day,
afternoon
16. Paper D Part I will comprise questions directed to the different fields of the candidates' legal knowledge (all requiring answers - no choice for the candidates). The answers to the questions should be brief and to the point. For all the questions the candidates must cite any Articles, Rules or other legal basis relevant to their answer.
17. Paper D Part II will comprise an enquiry from a client requiring an answer in the form of a legal opinion.
In the opinion the candidates must explain any legal consequences of the situation postulated. The candidates should demonstrate their professional ability to master a complex industrial property law situation involving basic problems of patentability, rights of inventors, inventions as property, third party rights, as defined particularly but not solely in Articles 52 to 89 EPC, in corresponding Articles of the PCT, Community Patent Convention and Paris Convention and in relevant laws of Contracting States. The candidates should preferably cite any Articles, Rules or other legal basis relevant to their answer.
18. One grade will be given for Paper D, based on the marks awarded for Parts I and II.