Tuesday, 6 November 2018

Reference material for EQE 2019 (in particular Pre-Exam and Paper D)

At the EQE 2019, the legal status as of 31 October 2018 is the relevant law.

We compiled a non-exhaustive collection of legal sources and other useful reference material as in force on 31 October 2018:

- EPC Articles and Rules
- EPO Guidelines for Examination (1 Nov 2017; partially superseded by later legal changes)
- National Law Tables
- London Agreement status
- Request form and notes
- Opposition form

- Euro-PCT Guide (1 Jan 2018)
- EPO Guidelines for EPO as PCT Authority (1 Nov 2017; partially superseded by later legal changes)
- EP Entry form and notes

- PCT Articles and Rules
- PCT Applicant's Guide
- selection of Annexes to the PCT Applicant's Guide (EPC states, EP athorities)
   note: the WIPO provides a collection of all annexes here (671 pages IP, 1223 pages NP)
- selection of overviews from PCT Resources website (states, time limits, reservations, ...)
- PCT Request form
- PCT Demand form
- PCT SIS request form

- ADA/AAD
- Content of 2017, Suppl 5 (partly)
- Track changes versions
- Fee codes

The collection can be found on our website, under Course Links, top right corner of the page, as a set of 4 pdf files:
- EQE2019 references - EPC
- EQE2019 references - EPO and PCT (EPO as PCT authority; Euro-PCT)
- EQE2019 references - PCT (international phase; annexes AG)
- EQE2019 references - ADA/AAD (incl track change versions and fee codes)

Good luck with your exam preparation!

(13/11/2018: ADA/AAD compilation added)


7 comments:

  1. Broken toothbrush7 November 2018 at 15:02

    Disappointing that the absurdity introduced last year remains, that the guidelines valid at the prescribed cut-off date are (more than) one year minus one day out of sync with the rest of the legal status at that date, leading to maximum possible incoherence between guidelines and law.

    Since one anyhow needs to read up on legal changes up to 31 October / 1 November, why is the exam committee prescribing the one-year-out-of-date guidelines (which is what the 31 October cut-off date effectively does)? I don't understand the thinking.

    The cut-off date ought to be 1 November, not 31 October, so that the new guidelines can be used, reflecting changes which in any case form part of the law tested.

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  2. Our EQE2019 collection may be further supplemented with OJ references that supersede part of the Guidelines and part of the Euro-PCT Guide, such as in particular, but NOT only:

    - https://www.epo.org/law-practice/legal-texts/official-journal/2017/etc/se5.html: ADA/AAD as in force per 1 December 2017 (and partially per 1 November 2017)

    - https://www.epo.org/law-practice/legal-texts/official-journal/2018/04/a37.html: insignificant amount increased from EUR 10 to EUR 15 per 1 July 2018

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  4. Hi, I was wondering about the case law book and latest G decisions. Any reason they're not on the list?

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    1. Just because I made a non-exhaustive collection -- the latest G decisions are (at last briefly) addressed in the Guidelines, as is the established case law from the case law book.

      But surely G 1/15 is a top-candidate for the coming EQE (partial priority)! As well are the G 3/14 (although already tested) as well as G 1/16 (confirming G 1/03 & G 2/03 that was already tested) are good candidates. The Broccoli and Tomatie decisions seem less likely, as the amendment to Rule 28(2) effectively overturned G 2/12 & G 2/13 -- and the amendeded Rule 28(2) is now under scrutiny by a recent decision (T 1063/18; not yet availabe in written form; see our case law blog)

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    2. Thanks Roel, as always your thoughts are very helpful and much appreciated!

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  5. Several candidates asked me which version of RFees 2.1(1) is to be used:

    - OJ 2018, A4 (Decision Administrative Council dd. 13.12.2017) amended RFees 2(1).1, as well as several other rules. and results in a 90 / 120 / 250 euro fee level for the filing fee per 1/4/2018, where the first character-coded filing amount would become avaiable for filing in a format to be decided by the President (see OJ 2018, A4, Art. 1(7) introducing a new par. (3) to RFees 1; and Art. 3(1) of the same OJ);

    - OJ 2018, Suppl 2, published in 29.03.2018 and titled "Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of 13 December 2017" (the latter decision OJ 2018, A4), which gives the (former) amount of 120/ 210 euro for online/ other filing.

    The latter seems to ignore OJ 2014, A4's increase for non-online filing of 210 to 250.
    The online fee schedule (on https://www.epo.org/applying/forms-fees/fees.html) also gives the amounts of OJ 2018, Suppl 2, and not the amounts of OJ 2018, A4.

    I checked with the EPO whether the online amounts and the amounts of OJ 2018, Auool 2 are correct, despite them not being conform OJ 2018, A4. The EPO referred to OJ 2018, A28, which says: "The EPO will therefore proceed in accordance with amended Article 2(1), items 1, 7 and 18, (2), item 7, and (3) RFees after 1 April 2018, once the technical means for DOCX filing are available and the decision of the President of the EPO under amended Article 2(3) RFees has entered into force."

    I answered the candidates that in my view the situation is unclear: one may argue thay:
    - on one hand, OJ 2018, A28 does not refer to the non-online fee, which unconditionally increased from 210 to 250 by OJ 2018, A4 per 1/4/2018 (and the EPO cannot give fee reductions of refunds wihout legal basis, so the non-online fee should be 250 in accordance to the AC decision;
    - on the other hand, OJ 2018, Suppl 2 is referred to as the consolidated RFees 2018 and the online fee schedule is (and has since 1/4/2018 been) implementing a postponement of the entry into force of the complete amended RFees 2(1).1 until DOCX filing is available - and (third) parties can rely on information given by the EPO in view of the good faith pirnciple.

    So, difficult to answer the question. A reference to OJ 2018, A4 cannot be considered incorrect in my view as it is an unconditional AC decision (as least withr egard to the non-online fee of 250 euro) (also note that the Guidelines of 1/11/2018 refer thereto, and NOT to OJ 201i, Suppl 2). But the reference in OJ 2018, Suppl 2, also currrently still followed by the inline fee schedule as well as by the amounts in the electronic tools, can also not be ignored.

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