Monday, November 11, 2019 References EQE2020

For EQE 2020, the legal status on 31 October 2019 is the relevant date.

As some of the information on the various websites (EPO, WIPO/PCT) may have superseded the versions applicable on 31 October when you look for the information, we made a compilation of various legal references.

Note: We do not intend to be complete: you will not find all documents listed in the IPREE in our compilation. See Art. 13 REE and  Rule 22 IPREE for the official syllabus.

We have made 4 compilations:

1. EQE
2. EPC
3. EPO and EPC (EPO information)
4. PCT (WIPO information)

The references can be found on our website: Training--> Course links, item EQE (top right of page)

The compilations are provided as pdf-files. You may wish to print (parts of each of) them on A5-format yourself or let them be printed as an A4- or A5-size book on thinner paper by a company like pumbo.nl.

The references may be useful in addition to your standard EPC Reference books, such as Hoekstra's References to the EPC.

The 4 parts comprise:

Part 1, EQE:

•   Dates and Times EQE 2020
•   Supplementary publication 2, Official Journal 2019, Regulation on the European qualifying examination for professional representatives:

o   Decision of the Administrative Council of 10 December 2008 amending the Regulation on the European qualifying examination for professional representatives before the European Patent Office (CA/D 26/08)

o   Regulation on the European qualifying examination for professional representatives (REE)   

o   Implementing provisions to the Regulation on the European qualifying examination (IPREE)

o   Instructions to candidates concerning the conduct of the European qualifying examination   

o   Decision of the Supervisory Board of 17 November 2016

• Notice dd. 18 July 2013 from the Examination Board concerning Calendars for paper D and Pre-Exam
•  Decision of the Supervisory Board dd 26 June 2019 amending Rule 25 of the Implementing provisions to the Regulation on the European qualifying examination for professional representatives, OJ 2019, A66
• Notice dd 30.09.2019 from the Examination Board concerning Abolishment of the opposition form as of EQE 2020 (paper C)
• Notice dd. 13.03.2019 from the Examination Board concerning the Distribution of Points in Paper D as of 2020
• T. Reijns, Announcement on the EQE – Paper D, epi Information 04/2018, page 25
• Notice dd 30.08.2019 “EQE 2020 – second phase of pilot project for writing Papers A, B, C and D on a computer”
• Examination Secretariat, “Computer-based Main Examination, CB-EQE, Technical User Manual”, Version 4.0, 17.10.2019

Part 2, EPC:

• EPC Webpage Legal texts
• EPC Articles
• EPC Rules
• Protocol on Recognition
• RFees
• Schedule of Fees and Expenses
• ADA/AAD (1 October 2019)
• Rules of Procedure of the Boards of Appeal (RPBA2007)
• Rules of Procedure of the Enlarged Boards of Appeal
• Guidelines for Examination (1 November 2018 - in force on 31.10.2019)

o Incl. keyword index

o Note: parts of the Guidelines are superseded by OJ’s with updated or new provisions that entered into force after 1 November 2018, e.g. ADA/AAD 2019 replaces ADA/AAD 2017, introduction of DAS, CH joined utilization scheme, …

• EPC States

o Member States

o Extension States

o Validation States

o London Agreement

• National Law Tables (printouts from the up-to-date HTML pages, which are more up-to-date than the pdf (dated October 2018))

• Request for Grant form (form 1001; October 2019)
• Notes to the RfG form
• Example Decision to grant (form 2006A)
• Opposition form (form 2300; December 2017)
• Notes to the opposition form
• OJ 2016, A42 - Streamlined opposition per 01.07.2016
• OJ 2016, A43 - Notice to OJ 2016-A42
• Request for limitation or revocation (form 2380; October 2019)
• Notes for users of third party observations
• Notice of appeal (form 3002; January 2019)
• G 3/14 (clarity in opposition); G 2/98 & G 1/15 ((partial) priority); G 1/16 (disclaimers)
• Some aspects of TRIPs (Rights conferred, Enforcement)

Part 3, EPO and EPC:

• Euro-PCT Guide (1 January 2019; annotated)
• EP entry form (form 1200, October 2019)
• Notes on the EP entry form
   
• Guidelines for Search and Examination at the EPO as PCT Authority (1 Nov 2018 - in force on 31.10.2019)
  o Note: parts of the Guidelines are superseded by OJ’s with updated or new provisions that entered into force on or after 1 November 2018, e.g. ADA/AAD 2019
   
• EPO-WIPO Agreement (consolidated; OJ 2017, A117 + OJ 2018, A24 + OJ 2018, A35)
   
• EPO Form 1201 - Invitation EP entry
• EPO Form 1205 - Loss of rights after missing 31m period for EP entry
• Notice from the European Patent Office dated 21 February 2013 concerning the request for early processing (early entry) - OJ 2013, 156

Part 4, PCT (WIPO):

• PCT Homepage
• PCT Articles
•  PCT Rules
•  PCT Fee Tables (1 Oct 2019)
• Changes 2016, 2017, 2018, 2019
    
• PCT - States The PCT now has 153 Contracting States (1 not yet bound)
• PCT - States Party to PCT-Paris-WTO
• PCT - States bound by the Paris Convention but not the PCT
• PCT - Time Limits for Entering National/Regional Phase under PCT Chapters I and II
• PCT - Types of Protection
• PCT - Waivers: Power of Attorney
• PCT - Reservations, Declarations, Notifications and Incompatibilities
• PCT - Restoration of priority
• PCT - Direct filing of PCT applications with the IB as PCT receiving Office
  
•  Applicants’ Guide – Introduction to the International Phase (AG-IP) (annotated)
          o Incl. keyword index
• AG-IP Annexes – Overview
• AG-IP Annexes:

o IB     : B (General information), C (rO)

o EP    : B (General information), C (rO), D (ISA), SISA (SISA), E (IPEA)

o DE    : B (General information), C (rO)

o FR    : B (General information), C (rO)

o GB   : B (General information), C (rO)

o JP     : B (General information), C (rO), D (ISA), E (IPEA)

o US    : B (General information), C (rO), D (ISA), E (IPEA)

• Applicants’ Guide – Introduction to the National Phase (AG-NP) (annotated)
• AG-NP Annexes:

o National phase EP, GB, DE, JP, US

o Note: FR has closed its national route and can be accessed via EP

• PCT-RO-11    Request & Filled-in Sample of the Request Form
• PCT-IB-375      Supplementary Search Request
• PCT-IPEA-401 Demand & Filled-in Sample of the Demand Form
• PCT-IB-372     Notice of withdrawal

Note: 

• The Euro-PCT Guide and AG-IP, AG-NP and its Annexes are not listed in the REE/IPREE. Therefore, in principle, no marks will be available for citing any of them as legal basis if there is legal basis in the REE/IPREE. (Although sometimes alternative legal basis is accepted).
• For EPO/EPC/EP-related legal basis, references to the AG-IP Annex are not valid legal basis in a DI answer. References need to be given to PCT/EPC Articles/Rules, OJ EPO (e.g, EPO-WIPO Agreement)

Good luck!

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