Monday, May 10, 2021 e:EQE discussion paper

The epi-learning.org website (this item open access) and the epi Forum (epi members only) provide a discussion paper providing "a general concept of a new e:EQE for the future, not a detailed exam setup" (for -at the earliest- EQE 2024 and later). 

The paper has been made available to allow all epi members (not just members from the PEC and the Council) to comment on the paper. On the epi Forum, members are invited to comment before 30 May 2021.

In the Preamble of the paper, the paper indicates that:

Due to the COVID-19 pandemic, the European Qualifying Examination was held online in March 2021. Although the e:EQE in 2021 was not perfect, the EQE of 2022 and 2023 will have more or less the same structure. The format of the EQE can only be changed from 2024 at the earliest because any changes have to be written into the Regulations and the candidates must be informed well in advance. If changes are to be effected from 2024, it is now time to propose a new structure of the EQE.

As "General drivers and boundary values" the paper provides:

"Updating the EQE to a new model gives the possibility to make the exam fit for the future and more effective for both students and the profession.

When updating the EQE, it is important to maintain standard and avoid lowering the bar in an unacceptable way. Accordingly, candidates will still need to spend a lot of time studying for the EQE. However, the workload can be redistributed to better fit the candidates’ development by introducing a progressive learning roadmap which builds in complexity towards the final exams and subsequent qualification.

There is a strong desire amongst different stakeholders to move towards a multi-level modular approach instead of the current pre-exam followed by a 20-hour main examination condensed in one week.

It is also desired that each module does not exceed 2 hours.

On-the-job training, support and supervision by a qualified professional representative is retained as an essential element of the proposed alternative e:EQE setup. Additionally, the current minimum training period is retained but not necessarily as a requirement to sit the final exams."

The paper proposes a modular e:EQE setup (please refer to the complete paper for full details, as well as for a proposed resitting policy, mapping current EQE and proposed e-EQE, and transitional arrangements):

"The e:EQE is a sit-anywhere exam (like the 2021 EQE). It is noted that the burden of creating the exam conditions is on the candidates. However, the flexibility and the avoidance of travel appear to balance this burden. 

The proposed new e:EQE is split into two main examination tracks, the Practical track and the Legal track. Each track is modular, and each track requires different training, different preparation and – to an extent – different testing. Alongside the examination tracks, training also needs to be completed under the supervision of a qualified European patent attorney. 

- The Practical Track tests the day-to-day activities of a professional representative, such as drafting, amendment and opposition. As explained below, there is some but not complete overlap with the familiar Papers A, B and C but additional topics are also introduced. 

- The Legal Track tests the candidates’ knowledge of the relevant legal provisions as defined in the syllabus, and their ability to apply that knowledge in solving a complex legal problem. 

The respective modules in both tracks are progressive in level, preparation and experience that is required to pass."

The proposed exams at the end of the Practical and Legal Track Modules P1, P2, P3, L1 and L2 are proposed to have a duration of 2 hours (P1, P2, L1 as smart MCQ; P3 open Q; L2 hybrid). The final exam in the Practical Track are proposed to be 3 parts of 2 hours each (free text); the final exam in the Legal Track is proposed to be one 3 hours exam (free text) - as summarized in Annex A of the paper, shown below:

With respect to the supervisory period of Art.11(2) REE, the paper notes that:

"While the exam is a central assessment for testing candidates on the various aspects of being fit-to-practise, it is noted that the modular system may enable some candidates to pass before completion the 3-year period that is currently set by Art. 11(2)(a) REE. It is therefore recommended that a period of at least 3-years is maintained before entry on the list can be requested, even if the candidate has passed the Final Exams before the 3 years have been completed."

The discussion paper concludes with:

"In view of the digitalisation of the European Qualifying Examination, we have an opportunity to reconsider the structure and content of the Exam. 

In this position Paper, epi presents a new e:EQE with a modular structure that safeguards the high quality of the current EQE. In the proposal, both the restrictions (e.g. maximum screen time) and the benefits of an electronic examination (e.g. MCQ and autocorrection) are combined to provide a proposal which lowers the burden of time-consuming correction work and spreads the workload for the candidates.

Although this position paper presents a lot of detail related to the format of the EQE, a lot of other things are presently not considered, as they depend on the choice of testing. For many of these aspects professional advice needs to be sought, such smart MCQ setup and automarking of free text, the choice of open vs closed book, exam fees, or the frequency and timing of the exam modules."

The epi-learning.org page provides (cited integrally, no changes made):

e:EQE  |  DISCUSSION PAPER

The EPO is moving forwards with an online e-EQE.  In 2022 and 2023, there are likely to be technical improvements to the current platform and relatively minor changes to the papers to better suit a digital examination.  However, the digitalisation of the EQE is being used as the catalyst for a much more ambitious project and the EQE will change significantly in the future.

As set out in the attached paper, the aim is to update the EQE to a new model which better tests the “fit-to-practise” criterion and makes the examination more effective for both students and the profession.  The key changes are to move to a more modular system with each module lasting at most two hours.  It is hoped that the new model can be in place from 2024.

Please note that this is a general concept at this stage and there are likely to be further refinements and changes. By preparing this paper, the Digitalisation Support Group (DSG) and the PEC EQE subcommittee have prepared a tangible option for an EQE that is suitable for online examination, whilst maintaining a high quality.

This discussion paper will be discussed in the e:EQE Working Group and at the epi Council e-meeting on 8 May 2021.

Click here to download the paper. 

On the epi forum, the PEC posted the discussion paper with the invitation to all epi Members (i.e., all European patent attorneys) to provide comments on the firum itself or via email. The forum post is cited integrally below, no changes made (except the email address has been hidden - please refer to the epi Forum):

---

E:EQE DISCUSSION PAPER	NEWEST LAST ▲
Dear epi Member, The attached discussion paper is posted so that any epi members may provide comments or feedback that they would like to be considered. Please note the paper discusses a general concept at this stage and there are likely to be further refinements and changes. The next review will take place in June and thus comments are invited before 30 May 2021. If you would prefer to send comments by email, please send them t[email address at the bottom of epi-learning.org]. As set out in the paper, the aim is to update the EQE to a new model which better tests the “fit-to-practise” criterion and makes the examination more effective for both students and the profession. The key changes are to move to a more modular system with each module lasting at most two hours. It is hoped that the new model can be in place from 2024. Separately, there are discussions regarding improvements to the Wiseflow platform and other changes to improve the candidates' experiences for 2022 and 2023. If there is a need we can set up a separate thread to post suggestions for more immediate change but I would prefer to keep these discussions separate from those on the discussion paper. For completeness, please note that the paper has also been sent to training providers and national representative bodies. The paper was also presented to Council in May. Thank you for your comments. Professional Education Committee
Attachments: 20210408 - Discussion Paper on the e-EQE incl annexes.pdf (387 KiB)