Friday, 20 July 2012

Changes to Paper C in EQE 2013

For those preparing for paper C in EQE2013, a few things will change. The Examination Board has issued a communication on this subject, replicated below. Additionally, the Guidelines have been thoroughly revised and restructured.

At this moment we are finishing updating our courses and course materials for these changes. Furthermore, we are fine tuning our methodology to make our training even more effective. It is highly recommended that you prepare using up-to-date material and attend courses that have been updated for the new exam. As before, our courses fully focus on teaching you how to argue as desired for this exam. We provide unique detailed templates and flow-charts to assist you in quickly analysing the paper, identifying the attacks and thoroughly argue the attacks. Time management, even more an issue in EQE2013, is an integral part of our courses.

For more details, please continue reading

29.06.2012 Notice from the Examination Board of the European Qualifying Examination (EQE)
Under the Implementing Provisions to the Regulation on the European Qualifying Examination (IPREE) some changes to the main examination Papers A, B, C and D will take effect from the 2013 examination.

Rule 25 IPREE - Content of the examination - Opposition paper (Paper C)
The attention of candidates is directed to Rule 25 IPREE. It is to be noted that this Rule sets out differences between Paper C for the 2011 and 2012 examinations and Paper C with effect from 2013. From Rule 25(1) IPREE and Rule 25(10) IPREE, it can be seen that the duration of Paper C is being reduced from six to five hours with effect from the 2013 examination.
The purpose of Paper C remains, as before, to assess the candidates’ ability to draft a notice of opposition to a European patent. However, Paper C from 2013 onwards will take account of the reduced time available. For example, the number of claims to be attacked and/or the number of potential attacks and/or the number of prior art documents to be considered may be reduced compared to Paper C of prior years.
Rule 25(5) IPREE states: “In addition, any questions the client may have asked shall be answered.” It is to be noted that Rule 25(5) IPREE does not state that the client “shall” ask “legal questions”, but only “may” ask “questions”. In view of the reduction in time for Paper C, it is envisaged that legal questions from the client requiring a separate answer will not normally be included in Paper C. Candidates should be aware, however, that if the client asks any questions, then, in accordance with Rule 25(5) IPREE, they should be answered.
The candidates' ability to draft a notice of opposition will be assessed as in previous years, that is candidates are expected to prepare a notice which when typed would be ready for filing (Rule 25(3) IPREE). As in previous years, the quality of argumentation in the notice of opposition will be of critical importance, in particular as regards the handling of the problem and solution approach to inventive step. The quality of argument will be assessed, at least in part, on how the information provided in Paper C is used to form a cogent submission. In other words, candidates should ensure that they present concise and logical arguments using the substantive information provided in Paper C. As in previous years it will not be sufficient merely to use a formulaic approach that “goes through the motions”, but does not properly substantiate attacks using the information provided.

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