Rule 25(3) IPREE amended

A Decision of the Supervisory Board amending Rule 25 of the Implementing provisions to the Regulation on the European qualifying examination for professional representatives has been published in the Official Journal - OJ 2019, A66.

The decision amends Rule 25(3) IPREE with immediate effect.

Earlier Rule 25(3) read:
"(3) Candidates are expected to put themselves in the position of the representative and, using only the information provided by the client, prepare a notice of opposition which when typed would be ready for filing. The pre-printed opposition form provided may be used, but it is not obligatory and marks will not be lost if it is not used."

Amended Rule 25(3) IPREE reads:
"(3) Candidates are expected to put themselves in the position of the representative and, using only the information provided by the client, prepare a notice of opposition which when typed would be ready for filing."

I.e., the text “The pre-printed opposition form provided may be used, but it is not obligatory and marks will not be lost if it is not used.” has been deleted from the Rule.

No further information is available yet as to the reasons for this change and the effects, e.g., as to whether the pre-printed opposition form will still be handed out as part of the C paper, whether it will be allowed to bring (and hand-in) a copy yourself to the exam (probably not in view of Art. 6 and 9(d) from the Instructions to candidates concerning the conduct of the European qualifying examination), or whether it is still necessary to provide all the infornation usually provided by candidates on the form to get an admissible opposition (esp. the information referred to in Art. 99(1), Rule 76(2)(c) and Rule 77(1) EPC) and a signature.

(15.08.2019)

Update 30.09.2019:
The following Notice from the Examination Board of the European qualifying examination (EQE) was published om the EQE website today:


Comments

  1. I don't understand how we can fill out a notice of opposition form without the EPO providing the form itself in the exam.

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    1. If I understood the announcement correctly, candidates no longer need to fill out a notice of opposition form. Still unclear why this has been removed all of a sudden. How are the marks going to be distributed and what is now expected of candidates.

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    2. It's unclear whether you could bring your own notice of opposition form to include with your answer paper. EQE conduct instruction 9(d) would suggest not since it would probably count as "prepared material".

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    3. Hi James,

      It is meant that you do not get a copy of Form 2300 "Notice of opposition to a European Patent"(http://documents.epo.org/projects/babylon/eponet.nsf/0/7843500A258C080CC125725D004F1CF5/$File/epo_form_2300_12_17_non-editable_en.pdf) anymore.

      As you (should) know, the use of the form is not mandatory for filing an opposition in real life. You can just file your own letter in your own template with all necessary information in the letter. However, the form is a good checklist on what you need to submit to file an admissible opposition.

      The Notice indicates that you need to have all information that is needed for an admissible opposition in your notice of opposition letter: Art. 99, Art. 100 and Rule 76 give the requirements. Donot forget extent, grounds, (indication of) facts, evidence and arguments, identification of the patent, identification of the opponent and signature (and fee, but that cannot be paid by a paper form or paper letter anymore).

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    4. is it ok to write - Opposition fees paid on the letter to the EPO in the exam. I don't know how else we are meant to indicate opposition fees to be paid

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  2. It is clearly stated what needs to be done. Just comply to Rule 76 without using the form.

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  3. See Guidelines D-III, 6 "Content of the notice of opposition".

    I assume it is enough if all information given therein is in your answer, supplemented with a comment that the opposition fee will be paid before the end of the opposition period.

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  4. When answering the second part, can I access my answer to the first part?

    Not to change it, but to check it and to copy parts from it when attacking the new claims or when doing a new attack based on new prior art on the first claims?
    And to check the notes that I made about A1 and the annexes when working on the first part?

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