e-EQE Mock 2: 1 - 5 February 2020
Today (22 December 2020), an announcement of Mock 2 has been published in the e-EQE website:
"To allow candidates to test the system also close to the real examination conditions, a second mock (Mock 2) is planned for the week of 1 to 5 February 2021.
The examination papers will take place during that week at the same week days and times as the real examination, seehere. "
So:
- Monday 1 February - Mock2 Pre-Exam
- Tuesday 2 February - Mock2 Paper D
- Wednesday 3 February - Mock2 Paper A
- Thursday 4 February - Mock2 Paper B
- Friday 5 February - Mock2 Paper C
Note: Also refer to our earlier blog post on Mock 1 and the examination platform and the comments thereto ("Updated information on Mock 1 - e-EQE platform will go online on 21 December 2020 for candidates - tutors can also get access after registration (via epi)" and to our blog post on the webinar of 14 January ("Information from the training sessions "The 2021 e-EQE" on 14 January 2021") for tips and comments and experiences from using Mock 1.
Please feel invited to share your experiences with Mock 2 (preparation, execution) as comments to this blog.
We allow you to post your comments anonymously, but it is recommended and appreciated if you identify yourself using your true name or a nick name - that makes communication much more pleasant and efficient than talking to "Anonymous 19 January 2021 22:23" and alike.
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Update 18/1/2021: the epi website indicates:
Tutors will also be allowed access to the e:EQE system
The e-EQE platform has gone live on 21 December 2020. Apart from candidates who are registered for the EQE in March, also tutors have been allowed access to the platform.
If you are a tutor for the EQE and have not requested access yet, you can still do so. What is required : first name, family name, email address. Those who request access will then be put in an Excel sheet which will be uploaded by the EPO in the e:EQE system.
Tutors who want to have access to the Mock 2 have to register before next Wednesday, 20 January 2021.
All tutors who already have access to Mock 1, will automatically get access to Mock 2. They do not need to apply again.
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Update 28/1/2021:
In the e-EQE 2021 information session of today, it was indicated that:
- Mock 2 is only available on the planned dates (including camera and invigilation).
- Mock 2 will not be available at a later moment in time.
- There will not be any furthers Mocks.
- Mock 1 will stay available until 28 February 2021 (without invigilation),
- A flow “Reference photo with ID/passport” will be available as of the end of the day of Friday 29 January 2021 to take your e-EQE reference photo. This step must be completed before Mock 2/EQE.
08:58 TodayPlease note that some touchpad gestures and keyboard shortcuts, such as "Alt-Tab", are not allowed in the LockDown browser: the software will stop, and you will have to reboot.
Similarly, do not open more tabs in the LockDown browser than those, for which the width of the screen can fully accomodate the navigation bar with all tab titles "WISEflow", e.g. no more than 10 tabs on a screen with 2560 vertical lines of resolution.
18:53 01.02.2021When consulting the legal texts, do not download the large pdf documents. Please navigate to the html version and the smaller pdfs only.
Has anyone received the email with links to flows and passwords for Mock 2?
ReplyDeleteI have only received this for the "registration photograph" thus far.
Not yet. I suppose they'll come through the weekend, as today they had to send mails for Zendesk and Wiseflow - reference photo with IDcard/passport.
ReplyDeleteHi, I go for A and B: in my case I also didn't get a separate email to the Mock 2 flows, however, if you login to WISEflow, where you tried Mock 1, there you can also find the flows to Mock 2, as well as the flow to 'Reference photo with ID' (flow overview).
ReplyDeleteHi, does anyone know how to re-do the reference photo flow? I entered it but my camera wasn't working. Now the 1 hour has passed and I don't seem to be able to re-do the flow.
ReplyDeleteThe mail says:
ReplyDelete"When prompted by the system, please take your reference photo with your ID card or passport beside your face, showing the side/page with your photo and personal details. You should re-take the reference photo until you have a satisfactory result.
After having approved the image, give feedback on the photo by answering two statements. Please hand in, so that your answer can be used for statistical purposes."
Log out and then log in again. If you already handed in, you cannot fix it but if you did not hand in, I suppose you can repeat many times
Thanks for your reply! I have tried to login again but it didn't help. It seems that once the 1 hour time has passed, it is not possible to re-do. I will contact the helpdesk.
DeleteYes, in the system you have the following message:
Delete"This flow is set up with individually timed participation,1h"
so yes, after 1h it's over and you must contact helpdesk
I have a question about printing. My exam laptop is not allowed to use any printers, so I want to download the printable documents, send it to my other laptop via email and then print through the other one. I am just afraid of logging out and being able to log in again during exam time. Do you think what I suggest is possible?
ReplyDeleteIt works. Use Mock1 to test this. Docs for printing are on the WISEflow platfom in Additional material, at this moment still the mailbox is running, you open and downwoad at the laptop the pdfs for printing and instead of printing you send them via mail. Then you start FLOWlock browser and laptop is locked
DeleteHello,
ReplyDeleteI have generate a Zendesk Account.
There are no information available. There is only the possibility to change the password.
Is this correct?
Does any one knows whether we will be informed whether the photo/ID is accepted by the EPO?
ReplyDeleteFor comments on Mock 2's Pre-Exam, please refer to our dedicated blog:
ReplyDeletehttp://pre-exam.blogspot.com/2021/02/mock-2s-pre-exam-1-feb-2021.html
Please feel invited to add your comments!
Hello,
ReplyDeleteIt could make a photo.
However, currently it is not possible to do something else.
It is not possible to contact the invigilator, now?
Hello,
ReplyDeleteIs there anything to print for Paper D besides the calender?
What a disaster!
ReplyDeleteIt takes forever to load everything today, the facial recognition does not work properly today (even though it worked yesterday), and now I cannot take this test!
Beyond disappointed.
WTF !!!
ReplyDeleteAfter exactly 1 minute I've been locked out. After that the computer was completely freezed without possibility to exit. I literally had to pull the plug because everything was blocked !!!!!! I called the EPO but no one has been able to help me.
I did too "alt+tab" involuntarily because I'm used do hundred of time during work. But from message received it seems the system had catched something else.... like mouse click, etc...
These are pictures of my situation:
https://imgur.com/Ks1g6W1
https://imgur.com/BwmBZXF
No words....
Same
DeleteI'm too scared to test this on any of the other mock flows, but I tried it on a demo flow and nothing happened!!!!!!!!!!!!
I tried the same.
DeleteMock 1 Paper A:
I opened the paper in 3 Tabs (at the letter, Figures, and D1) and External resources legal texts in 2 other Tabs (two sections in the Guidelines HTML).
Alt-Tab did not cause any crash.
Alt-Tab however also did not cause any change to another Tab.
Better no action from Alt-Tab than an exam crash!
If it the crashing was not there before, it must be solvable.
Maybe Alt-Tab comes due to integration with ZenDesk and invigilator?
Hello, will the subject from Mock2 be made available afterwards? I would like to be able to check my answers.
ReplyDeleteseems like download of the answer is not available after handing in. Bad news for C1...
DeleteAnswers for all parts are available in Wiseflow after the end of the exam
DeleteI had the very same problem as Matt, but just after 10 minutes. Also pushed Alt-Tab on accident (twice in below on second).
ReplyDeleteThen I got the message: "Session has been ended administratively" - "The session has been cancelled as an unauthorized action with a mouse or touchpad (a swipe with three or four fingers) has been detected several times."
I tried to contact the inviligator by the ZenDesk Chat - Number 85 in Queue. After waiting for 50 minutes, (being number 17 in queue) everything got white, my chat inquiry vanished and I needed to reenter the message into ZenDesk - again being number 85 in queue. Was not contacted by an inviligator until the paper finished, and was not able to work on my answer any further.
Very disappointing experience ...
Just tested again in Mock 1, using Alt-Tab does have no effect at all ...
DeleteBenedikt, I think Mock 1 and Mock 2 have different system properties
DeleteI got the same message about the mouse, and I use a normal USB cabled mouse! Locked out and couldn't submit DI part 2
DeleteI had a similar issue - I was asked for an invigilator password 10 min in and had the restart the computer to get out of it. I contacted ZenDesk and received an answer 10 min before the end of the exam merely saying to use the invigilator password "xyz" . Needless to say, I didn't didn't have time to complete any of the questions and would have got zero marks.
DeleteHello, The system asked (after taking picture / checking microphone) for an invigilator password which i didn't received. So i tried "cba" or "abc" but i got a message of incorrect password? So I couldn't make the mock2....
ReplyDeleteI had the same experience ! Badly disappointed ! It is not possible to envisage such kind of issue during EQE.
Delete11h30 and still unable to connect to the mock exam...
ReplyDeleteFirst, the lockdownbrowser did not recognize my external screen, I had only a part of the window displayed.
When trying to use my laptop screen I literally went mad with the so well named lockdown browser and finally powered off my PC to get out of this ****.
My first mistake. From there, an invigilator code was requested and absolutely no hint where to get it.
OK, at the end, after some long minutes trying to find useful info on the lockeddown browser or other flow-thing-site, I went back at the RTFM method.
So I finally ended retrieving the right mail among the dozens we received and was able to log to the zendesk chat.
I was number 90 in the queue. Reached number 7 after a very long time but I was too smart : I tried to re-plug my external screen in case the hotline could help me on this. Again, big mistake, I accidentality pressed (again) the power off...
Now, back to the helpdesk chat, position number 30, no code, still no access to the mock exam.
Let's say that my first impression is that the system is totally unfriendly, to be very diplomatic and polite.
Did I mention I tried to call eqe hotline ?
DeleteClosed on Tuesday morning, well done.
Hopefully, I'll get an answer to my mail before the real exam.
Update :
ReplyDeleteAfter nearly one hour, I reached position number 8 or something in the queue.
But I just received a pop up message saying "please reconnect" and went back to position number 100.
I give up.
I got locked out for moving my mouse too much! And I couldn't contact the examiner on FlowLock. Had to reset my computer and couldn't reconnect because I didn't have the invigilator password... I would have failed the entire exam! What is this thing about the mouse??? This is ridiculous
ReplyDeleteHello,
ReplyDeleteDo I have also to consider other closing dates of the EPO besides the weekend and holidays given in the calender provided by the EPO for the exam?
As far as I can see bridging days are not included in the provided calender.
The calendars are complete. You shall not add any personal or peripheral knowledge to them. If no bridging days are shown on the calendars, then none exist in the scenario you are given. This is a role playing game that resembles reality but does not need to be 100% real
DeleteSo we shall NOT consider that the EPO is closed from 24th Dec to Jan 1st if this is not represented in the calendar?
DeleteThis should be clarified more widely. Surely all closed days should be represented on a calendar that indicates the days on which the EPO is closed?
DeleteIn 2013, the Examination Board issued a Notice providing:
Delete“For the Pre-examination and Paper D, calendars will continue to be provided to candidates as part of the examination papers and will continue to be a correct calendar for the respective year (e.g. 1st January 2014 will be a Wednesday).
However, the calendars might not necessarily cover all EPO closing days. This means that some days, on which the EPO filing offices are actually closed, might not be indicated as closing days in the calendars.
For future examinations, candidates shall answer the papers solely on the basis of the calendars in the examination papers.”
The Notice is still on the EQE website in the Archive (see below).
As the Notice is not immediately visible and candidates may not we aware of its existence, we provide the Notice in the calendar section of our Q&A books “Basic legal Questions for Pre-Exam and paper D” (“L-book”) and “Main Exam Questions for Paper D” (“D-book”) since the EQE 2015 editions.
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Where to find it on the EQE webpages:
1) Go to the Archive (last entry of menu on the left side of the EQE website): https://www.epo.org/learning/eqe/archive.html,
2) Go to the 2013 paragraph, and you find “Notice of 18 July 2013 from the Examination Board - use of calendars in Paper D and Pre-examination (PDF, 14 KB)”
3) Or directly go to:
http://documents.epo.org/projects/babylon/eponot.nsf/0/92CF8614E15FB90EC1257BAC002A2B01/$File/Notice_Examination_Board_Calendars_DandPre.pdf
Do we know if the D-I questions and the D-II were adapted from previous exams? I could not take D-II due to work commitments and would like to take it on my own if possible. Thanks and good luck to all.
ReplyDeleteInvigilator password is "xyz". you can still enter the exam until 16h45 ;-)
DeleteExam seems to be the one prepared for 2020, not adapted from previous
DeleteYes, which is why it's all the more disheartening for technical problems to prevent you from taking a new-to-you test in representative conditions.
DeleteAre you sure that this was the one prepared for 2020?
DeleteD-II was a different than usual. There were not some many data (dates of publication and application date, etc.) but plenty of embodiments to be considered.
DeleteMost importantly, the question was focused on the application in particular see part A of D-II. Normally, the questions of the EPO is focused on the subject-matter. Thus, my impression is that the Mock 2 was not the Exam for 2020, and it was not drafted by the usual persons, i.e. most probably not by the EPO itself?
No, I'm not sure. I agree, DII was very different than previous years. I was surprised by the medical use claims, by a lot of disclosure/claims per application, few patent documents, very recent filings, a lot of questions.
DeleteI had a freeze of the flow twice so lost 30 min and did not get to the end of DII but even with the lost 30 min I think I would not write all included in the 11 pages of Model answer. I think it's not possible to analyse and write this for 3 hours (I'm a slow reader)
For DI - good questions, we have seen similar, however I did not have enough time to write all in every question - I was skipping things in order to get to the next question. Overall disappointing performance (did not yet checked model solutions)
DII was an adapted version of the 1994 DII
DeleteThe DI and DII styles develop over time, as all the other exam papers. There is a clear trend and there are every once in a while surprises.
DeleteSince 2010-2013, DI questions are fewer but longer than before 2010-2013. Nowadays, there are hardly any 4-mark DI questions while there were many short ones before 2010 and certainly before 2000. Nowadays. Most DI questions are 7-10 marks, thus designed for 20-30 minutes of work.
DII's before 2013 were sometimes build around a single large topic, in various aspects, which could make you loose many marks if you misunderstood that or went wrong with it (like here, second medical use). Since 2013, the DIIs typically have multiple rather large topics, but kind of decoupled: an error with one aspect having no/hardly any knock-on effect on the rest of the paper (e.g,. in DII 2013, a -serious- error with priority did not have an effect on the final conclusion on lack of novelty of the claim; DII 2019 had a very high pass rate despite many candidates not handling the peculiar priority situation there well, but anyhow resulting in a not-patentable conclusion so that the rest of the paper was largely unaffected). The DII of Mock 2 had a rather modest patentability-as-is part (as the potential prior art was not yet prior art), whereas patentability as-is is a common and key part of the recent DIIs.
It is not excluded that there is suddenly a different type of paper (e.g., DII 2018 suddenly started with a case that many candidates referred to as “a DI-style question in the DII”), nor that there will be any change in style now that the DII will not always be 60 marks anymore and now that the Committee indicated that the DI knowledge of candidates appears not always to be adequate (which was the reason to change the DI:DII ration from 46:60 marks to a variable ratio in the range of 40:60 to 60:40).
Right after submitting my paper, I got kicked off for inappropriate use of a touchpad mouse. My mouse is a USB mouse with a cable and an optical sensor, not a touchpad.
ReplyDeleteI hope this nonsense does not happen during the real test, I have no way of knowing if my answer was voided.
I would have voided my bowels
DeleteIs it forbidden to use a touchpad mouse? Is it written anywhere?
DeleteAfter about 6 minutes i received a popup asking for the flow password and an invigilator password which we did not have. No way to escape. Even a power reset did not resolve. Ended up in same circular trap. By chance the only thing that cured it was hitting the refresh button on the editor tab. This allowed me to access Zendesk to join the queue, 30 mins later I received an Invigilator password which by then I did not need. minimum 30 mins lost. Also during the Part 1.1 one of the tabs with the question sheet suddenly went blank white. had to be re-opened Shambles.
ReplyDeleteScary
Deletethe same happened to me while doing DI, but invigilators answered in the afternoon while doing DII I hope they will be more responsive during the real exam!
DeleteGiven the number of bugs in the system, and how it has already interfered with this precious opportunity to take the Mock2 exam, I am already thinking about how to build a case for appeal, in case I have the slightest problem when taking the actual exam.
ReplyDeleteHowever, an appeal case based on technical problems would probably require the ability to prove that technical problems occurred.
Flowlock makes it impossible, beyond communicating with the invigilator, to provide evidence of problems. However, the problems I experienced today were of a nature that I was not able to communicate with the invigilators, either because the problem occurred during facial recognition (so Zendesk was not available), or because the problem resulted in me being thrown out of the flow without the ability to reconnect. As a result, it was unable to provide any sort of evidence to the invigilator as to the existence of the problem. Meanwhile, the exam regulations forbid us from using another electronic device (for example to log into Zendesk in parallel, and/or to photograph the monitor for evidence purposes)....
The problems encountered for the first time with Mock 2 make it clear that Mock 1 has been wholly inadequate for helping candidates familiarise themselves with the testing environment.
ReplyDeleteAs a candidate who is only taking D this year, today's problems mean that all the work I have done preparing to take the test on the computer, writing answers to old tests in mock 1, logging in to webinar after webinar, have not been enough to prepare me to use the actual testing environment. I am so worried that this testing environment will make it impossible to measure my fitness to practice.
DeleteIs the time limit set by the national office for the validation an aggregated time limit in case of a grace period allowed by the national offices?
ReplyDeleteDoes anyone know if there will be a model solution for mock 2?
ReplyDeletehttps://www.epi-learning.org/course/view.php?id=18
DeleteI had trouble with the reference photo since Friday. I called the EPO, sent email on helpdesk and asked the person on zendesk and after waiting a long time (thus I was not able to do d11 and d12), they just tell me that they don't know how to help me.
ReplyDeleteAnd then, after trying everything, I found the action history of my anti-virus and found that it was blocking my Webcam (have to enable it in the hidden parameters of my anti virus) and then it worked for d2! So in conclusion, the zendesk cannot help you, I was alone with my problem and really hope that it will not happen again for the real exam.
So please EPO, help us when we have this kind of trouble, we are not cheating, we just want to take this exam in good conditions!
In mock 2 for part D I used a Microsoft bluetooth mouse and keyboard and everything went fine in DI/1 ... until after an hour I accidentally hit the "lock screen" button at the right of the F-keys. The screen froze, I klicked around with the mouse, so an unallowed action was detected and the browser was closed. In the inviligator chat I found myself at position 108 .... so I could not get back and part DI/1 was lost because I could not even hand in anything.
ReplyDeleteAfter having done the mock 2, talked to friends and read this blog, I know now: having a "locks screen" button on the keyboard is not a good idea, playing around with the alt-key neither, having too many tabs open (>10) is suicide, etc. What scares me most is not the issues I am aware of now, its the potential traps that lie ahead of me in the actual exam situation.
Hello,
ReplyDeleteIs it allowed to use a touchpad mousse?
Problem “Lockdown Browser caused "There are currently no power options available” error message, preventing to shut down the computer, and solution:
ReplyDeleteYesterday, for paper D in Mock 2, my laptop and external screen were setup to only have the external screen active and to have the laptop screen disabled (with the lid open, so that the laptop camera could be used). That worked very smoothly, I could use my external screen and no issues with the camera.
This morning I connected a second external screen, as I usually am using when doing patent or tutor work. After it was connected, the screens were automatically configured as 3 screens with the desktop extending to all 3 screens.
I forgot to disable the other external screen and the laptop screen before I started Wiseflow and the LockDown browser...
That caused quite a bit of trouble: the LockDown browser disabled my laptop screen and my additional external screen (they turned blue), but LockDown browser was only partially shown on the main screen: the left 2/3 of the screen was used, the right 1/3 was not, and I only saw a white page - no assignments, no controls except the ones on the top left.
There was nothing I could do. I could not even use Ctrl-Alt-Del to get the task Manager to kill the process or to shut down my laptop.
I could only do a hard shutdown of my laptop by pressing the power key for long…
When I then restarted my laptop, the Display Settings menu did not work properly. As I expected it to be due to the hard reset, I wanted to Shot down my laptop, but...
... when I pressed the power icon I got the message “There are currently no power options available.”
So again I could only do a hard shutdown by pressing the power key for long…
But that got be back in the same mode.
I found the solution on an internet forum: “Lockdown Browser caused "There are currently no power options available." Error” (https://answers.microsoft.com/en-us/windows/forum/windows_10-power/lockdown-browser-caused-there-are-currently-no/c71dd96e-60c8-4fdb-a64f-7938df63959a#:~:text=Step%201%3A%20Press%20Windows%20%2B%20I,power%20settings%20on%20your%20computer.).
That described a very similar problem:
“I downloaded a lockdown browser for one of my remote college courses, and the first few times I used it I had no issues with it. Today, I used the browser to take a test, and when I was done and exited out of the browser, the power options on my laptop were gone and replaced with "There are currently no power options available."
I properly uninstalled the browser because I don't need it for any other courses for now, and restarted my laptop manually (held down the power button) to see if the power options returned which they did not. I have looked at other fixes for this error, but none of them have worked for me and none of them are related to a lockdown browser. I am certain the issue is from the browser, as I have never had this issue before and it only occurred after I used the browser. I would really appreciate any help with this because I am terrible with computers and I need to use my laptop for my courses. “
The first two fixes presented there did not work (the ones via the Troubleshoot menu).
But the message from “DipakBarot Replied on February 1, 2021” on that page solved it:
“What worked for me was I Pressed the "Window" key and signed out of user logged in and then signed back in and it was restored. Try that simple trick and it might fix the issue.”
I had same problem yesterday but not because of additional screen or use of keyboard shortcuts.
DeleteJust like that, Lockdown Browser freezed 30 min before the end of DII, I could not use mouse or keyboard/no esc key/no taskbar and stopped the laptop by pressing the power key for long
Then I started the pc by pressing the power key, logged into the WISEflow platform but the flow was not running properly - again freezed and when wanted to restart the laptop get same as you - "There are currently no power options available” error message, preventing to shut down the computer.
My solution was restart.bat shortcut on the Desktop, which allows me to restart and clean the burden in the processes.
I successfully restarted and then Flow was functioning ok, I connected to invigilator and uploaded the kripted paper from the laptop to the flow again and had the option to continue writing several min before the end.
Roel,
Deleteplease confirm that you are not "just" running Lockdown Browser on a work computer that you use for "doing patent or tutor work".
If you are, how have you isolated it from the rest of your network and files?
Not on the company network, but on my private internet at home.
DeleteNo access to network drives, no access to work files possible.
But I see no reason why I would not trust the EPO and EQE. As it was indicated that you could take the exam at your office, there should not be a security or date risk when using it on a computer connected to the company network with access to the company files. And if you think there is, then stay disconnected from your company network, fisks and files.
Also note "e-EQE Data Protection Statement" on the EQE website.
Thanks, that is clear. That is the best solution.
DeleteSorry, but no-one should just trust the EPO. I know that they have installed it, but was apparently a big fight. And they probably sandboxed it, which most people cannot really setup themselves.
There is a good reason why a lot of companies will not let you just run unknown programs at administrator level. It stays on your system unless you manually install it, and it does not close properly when crashing. They are also very secret about how it works and what it check. I just found a couple of sites where they are reverse engineering it to see how it works - part of it is to look for ways to defeat the checks during the exam, but there will be others looking for vulnerabilities created by its installation.
It is now on thousands of computers with access to confidential data. You don't think that there will be phishing mails trying to get you to install an update? Patent attorney firms, tech companies and universities are already targeted by hackers. I have had experience of this.
And it is not usually the big firms at risk, it is the smaller and medium size ones (and people remote working) where they only hire in a few hours IT support a week, use older software and give people more freedom.
All the private data is a separate issue - I am not sure how useful it will be if it is anonymized, but you will have pictures of ID's and faces and peoples bedrooms. It has been centralized, making it all easier to locate.
I don't want to be right. I just want candidates to be cautious. This is perfect: https://www.fillun.com/eqe-blog/my-it-setup
Hello,
ReplyDeleteI think I have encountered another bug today. When I tried to open the assignment in a new tab I pressed also ctrl when clicking on the button. And guess what happened. It opened the assignment in the tab of the text editor. So I ended up with an assignment but without the text editor, which magically disappeared. Since the system does not allow you to quit without having the results submitted, I had to restart the computer and log once again with invigilator password.
Dear all,
ReplyDeleteI've run mock 2 paper D, all parts, I had no technical problems. However, I had taken the wrong ID picture in the ID flow and was then asked to take a picture at the beginning of each paper D flow. I also contacted the EPO helpdesk after my failed ID flow and they informed me that they will consider a solution for ID prior to the exam. The results of the Mock2 are available on the EPI page.
This is an unofficial list from salted patent, but it at least gives some "other danger keys"
ReplyDeleteMock2 was intended to test everything with a big load, so the flows will NOT be available later. 4 Feb & 5 Feb are the last chances to test YOUR system before the exam, so login as much as possible. If logging in late, use invigilator password is: xyz
ReplyDeleteWhen I tried to access the Guidelines via wiseflow, my company's security blocked the website!
ReplyDeleteA legal question in view of Mock 2's Paper D Part II...
ReplyDeleteIs it possible to claim priority from a new application filed under Art. 61(1)(b) EPC? I am just wondering about this given that it was not possible to claim priority from EP3 since it is not by the same applicant (in the situation that Mr O does not want to cooperate).
My suspicion is no, but I haven't been able to find any legal basis specifically for this...
May I ask first why the priority of EP3 cannot be claimed and on which legal basis?
DeleteThis is in relation to Mr Skou trying to file an application (e.g. PCT) claiming priority from EP3 btw.
DeleteOn page 9 of the Model Answer for Question C part (iii): "It is recommended to file a new International application, PCT2/PCT-SS, in the name of Skou as soon as possible to provide early cover for the anti-viral properties and Process B. It is not possible to claim priority from EP3 because this is not in the name of Skou."
Legal basis in Art. 87(1) EPC (must be the same applicant); see also GL F-VI: 1.3(ii).
Hence why I was wondering if it was possible to claim priority from the new application filed under Art. 61(1)(b) EPC instead (because then at least it would be in the name of Mr Skou).
But would it be considered to be the "first" application? Would it be within the 12m window? It is this mess I'm trying to sort out in my head!
As far as I can see, the Answer to Question C part (iii) refers to the situation, where the final decision on ownership on EP3 will be too late for claiming priority.
DeleteAccording to the Answer to Question C part (ii), it would be possible to claim the priority of EP3 if the final decision on ownership will be in time:
"(ii) Would it be useful to keep EP3 in force? Give reasons.
If a final decision on ownership of EP3 can be issued quickly and Skou is found to be the
rightful owner of the subject-matter of DK1 and of Process B disclosed in EP3, then Skou
may choose to file a new application or to request that the subject-matter owned by him is
excised from EP3 (Art 61 and Rule 18 EPC). Because EP3 would be only partly owned by
Skou it is not possible to take over EP3 as his own or to request that EP3 is refused as a
whole.
In such a case it would be possible to file PCT2, or rather PCT-SS, to include the additional
subject-matter relating to anti-viral properties, as mentioned above as planned before 2 June
2021, claiming priority from DK1 and EP3."
Thanks Amelie, that cleared up some of the fog... just wanted to double check one last thing.
DeleteI think the answer to my original question will be that it wouldn't be necessary to consider claiming priority from the new application filed under Art. 61(1)(b) EPC, because if a valid priority claim would be possible, you would claim priority from EP3.
As I understand, I think the logic for claiming priority from EP3 in C(ii) goes as follows:
In C(ii), EP3 would be jointly owned by Skou and Oersted (I think this is non-contentious as the first paragraph of C(ii) says "EP3 would be only partly owned by Skou").
Subject matter relating to Process B in EP3 gives rise to a valid priority right in the name of Skou only. Subject matter relating to Process C, Process D, mixture Y, Product Z for use as an antihypertensive agent gives rise to a valid priority right in the name of Oersted only.
If you file PCT2/PCT-SS (presumably in the name of Skou only - C(ii) comments aren't particularly clear on this point), it would then be permissible to claim priority from EP3 to the extent that it relates to the subject matter of Process B. This would be despite EP3 being jointly owned by both Skou and Oersted, since the ownership of the patent itself and the priority right are treated separately - to this end, the "same applicant" condition is satisfied.
I know it is ok to split the partial priorities in terms of subject matter (e.g. Art. 88(2) EPC and G 1/15 for generic OR claims). Is there anything we can say for legal basis to support that priority right for each applicant can be split in the way mentioned above?
Does anybody have an idea if we can download the answers we handed in for Mock 2? According to the Wiseflow User Guide it should be possible from the flow information page but I can only request a receipt there. If I do so, I get an email stating that I handed in a pdf document called ... of 54 kb which is not attached. The email also includes a link to the flow information page where I do not see any possibility to download my answer.
ReplyDeleteIn the email you received following the hand-in, there is a link to the flow. If you open the link, in the bottom-left corner you will find "My Paper.pdf" which you can download.
DeleteDoes anyone know if they will mark our answers for Mock 2 ?
ReplyDeleteNo. It won't be marked.
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