New EQE - Proposal available and consultation has started (incl model papers) [updated 7 June]

A new section is now available on the EQE website preseneting a proposal for the new EQE and announcing that an open consultation will be launched to enable all interested parties to give their feedback on it. As a first step, the concept of the new EQE is presented on the new EQE webpage.

Documentation is presented together with a complete set of mock papers for the various modules in the Wiseflow system (after registration), as well as in pdf. Feedback will be collected by means of a questionnaire for all interested people and parties.

The website provides the following [emphasis added; some small editorial changes made; figures added]:

"New EQE - Proposal and consultation

A proposal for the new EQE is now available and an open consultation will be launched to enable all interested parties to give their feedback on it. As a first step, the concept of the new EQE is presented.

The consultation will be launched in the second half of May and will remain open until 15 July 2022 [15/7/2022: extended to 31 August]. To be able to access the model papers, please register via the link under "Model papers" below. Feedback will be collected by means of a questionnaire. The answers to the questionnaire will be evaluated by the EPO-epi working group.

Introduction

The European qualifying framework proposed for the next generation of patent attorneys is a competences-based system that builds on the existing EQE to bring it closer to today's profession, adjust it to the digital environment, refine the approach to evaluation and ensure the highest quality standards.

The proposed scheme is a joint EPO-epi endeavour that can now be enhanced via the consultation. While open to everyone, the consultation mostly targets the profession, training centres and other interested parties. The model examination papers and the overall concept draw on 40 years of experience with the current EQE, the work of EPO and epi professionals, the feedback received from training institutions and numerous discussions with a range of stakeholders over the past 18 months.

The new qualifying system builds on a competences-based analysis of the existing EQE. A modular evaluation scheme of cumulative knowledge and increasing complexity assesses whether candidates have the specific and transversal competences, and the different kinds of underlying knowledge, expected of attorneys. The outcome consists of six modules that gradually progress from acquiring legal and procedural knowledge towards its practical application.

Becoming a European patent attorney under the new scheme will require candidates to take exams amounting to 20 hours over a minimum period of three years. The new format is adapted to allow for evaluation in the digital environment. It includes parts to be autoscored [note from the editor: as well as open questions erwquiring a free-text answer] and shortens time spent on the computer. In parallel, the scope of the situations assessed has been broadened to ensure preparation for all steps along the patent grant procedure.

The learning journey takes candidates from remembering and understanding the fundamental provisions of patent law to performing typical actions such as analysing claims and drafting patent applications. They then continue to acquire the more in-depth knowledge required to take decisions at specific points of the patent procedure and design patenting strategies. The journey is organised into semestral examinations, although this timetabling is optional for the main papers: candidates can either follow the sequential approach or decide to take all main exams together at the end.

The first foundation module assesses the entry level of legal knowledge needed to operate in the European patent system. The second foundation module requires candidates to implement the knowledge gained in claims analysis and applied procedural patent law. Once candidates have completed the foundation modules, they can go on to take the main modules.

The first main module focuses on assessing information and client instructions, and tests whether candidates understand the invention, the instructions received and communications from examiners and others. The second main module puts candidates’ drafting skills to the test: they must prove their expertise in drafting and amending claims, replying to Office actions and drafting notices of opposition and other documents. In the third module candidates must reason, argue and manage advanced procedural aspects of patent law, assessing various options at a given point in the procedure in order to offer advice. Finally, in the fourth module, candidates must prove that they have the skills to handle relations with the client and the competences to provide advice and build on previously acquired knowledge in the areas of information, drafting and patent prosecution.

The consultation on the future European qualifying examination (EQE) will aim at gathering feedback on the proposed format for the EQE. The material provided for the consultation will include, in addition to the concept paper, details of the proposed modules, the list of competences tested, a set of model examination papers for these modules and a questionnaire. The model papers, produced by a joint EPO-epi team, will give an idea of how the future EQE might look. Please actively contribute once the model papers and questionnaire are available.

Depending on the outcome of the consultation, a fully-fledged reform of the Regulation on the European qualifying examination (REE) and its implementing provisions (IPREE) will follow. The EQE 2023 will be conducted under the current regulations.
[Note from the editor: it seems not decided whether the EQE 2024 will be under the current or the new regulations, nor are transitional provisions proposed yet; the timeframe for that seems however very short in view of the effort required for preparing the exams and for candidates and tutors to prepare for a new system , but it has been suggested that EQE 2024 would already be under the new regulations -  for EQE 2025, it is provisionally assumed that the new regulations will apply].


Proposal

The proposal section provides details of the concept behind the proposal and the tested competences, as well as a description of the modules, in 3 pdf files:



Model papers

Model papers (modules) have been prepared to show how the new system might look. To enable you to experience the full range of digital possibilities available, we strongly recommend registering via the link below to get access to the online examination platform (Wiseflow). When registering, please indicate a valid email address that will not change for the next few months. Please register even if you already have a Wiseflow account.

For all those who have registered by 19 May 2022, user accounts will be created in the week starting on 23 May 2022. It is expected that the model papers will also be made available in the course of this week. For those who register after 19 May 2022, user accounts will be created on a weekly basis.

You will receive an automated email from Wiseflow with an activation link. 

The model papers will also be made available here [=on the New EQE webpages] as a simple PDF.


Questionnaire

Your feedback is important and will help to pave the way for an adjusted design of the EQE.

The questionnaire will be opened once the period for registering on the online platform has closed and the model papers are available."
[note from the editor: it is assumed that "once the period for registering has closed" is to be understood as "19 May 2022", and that there will not be a closure of the registration, in view of the second paragraph of the section titled "Model papers" which says that registration remains possible after 19 May 2022.]


Update: Consultation Mocks available 


On May 30, registered participants received an email from the EQE secretariat that the Mocks are vaialable in Wiseflow for the consultation:


"Dear Participant,

 

The model papers are now available in Wiseflow.

If you had no Wiseflow account for the EQE, or if you registered for the consultation process with a different email address, you should have received this morning an email for the activation of your (new) Wiseflow account. The email is from noreply@wiseflow.net. Please check your spam folder.

The papers of modules M2 and M4 can be downloaded as PDF-files, and they are also accessible in the lockdown browser. For the latter, the invigilator password is aaa. It is needed to exit without submitting an answer. Please note that once you have submitted your answers you can no longer access the paper.

To provide your feedback, a dedicated questionnaire is also available on the EQE website (https://www.epo.org/learning/eqe/new-eqe.html). It offers a wide range of multiple-choice questions as well as the option of a free text answer. Only feedback given using the questionnaire can be taken into account.

We hope you enjoy exploring the new model papers and we look forward to your comments and suggestions. "


Posted 13 May 2022 as "New EQE - Proposal available and consultation will start shortly". First three figures from "A competence based modular proposal" from the New EQE website
Updated 7 June 2022 as "New EQE - Proposal available and consultation has started (incl model papers)". 
Last figureL screenshot from Wiseflow.

Comments

  1. Could the EPO maybe - first mark and hand out results for the exams of 2022 - and then focus on new proposals for candidates? :D

    ReplyDelete
    Replies
    1. It all goes on in parallel, many people are involved, largely different people. Marking exams takes a lot of effort, designing a new exam system as well, if that would need to be done sequentially you cannot have an EQE every year. Doing things in parallel is the only way - and it is also a core competence of (y)our & their normal work!

      Delete
    2. I'll be very interested to read what transitional provisions are provided. I'm one of those prepping for the main exam (first attempt) in 2023. Given the passing stats we will have some sort of issue, most likely.

      Or: in keeping with pre-2020, D1-1 2021 or the six questions of the pre-exam 2022 the EPO could just wave through everyone at the main exam next year! No awkwardness or grandfathering needed ;-)

      A solid proposal, don't you think?

      Delete
    3. Dear Odie, do you really want to be listed as the one that got the EQE for free? I think we can trust the EQE organization that a fair transitional provision will be written and that any EQE pass before, after or combined will have the same high value.

      Delete
  2. Consider on what many candidates in the last 2 years experienced with the wise flow and many other technical faults I hope we will have a grandfather clause allowing those who passed 3 papers not to have to retake the 4th!

    ReplyDelete
  3. I have had a look at the document. From the first look, it appears way better form of examination and much closer to "reality" than the current form of the examination where the work supervisors held sway on the pass or fail of the candidates. This is quite an interesting development.

    ReplyDelete
  4. I hope that the transitional provisions are better than first suggested by EPI (https://information.patentepi.org/issue-2-2021/eeqe-discussion-paper.html). In that article Passing a single of A, B, or C gave you the same exemptions as passing A and C. In other words, if you didn't also pass A and B, passing C was worthless.

    But this looks like a major overhaul of the system and with a lot more details as to what is expected, so I have to remain hopeful. B is going to be the death of me.

    ReplyDelete
    Replies
    1. Please Jordan, can you explain me this what you mean with exemptions? I did not know these already exist. They have not yet finally decided on the new system.

      Delete
    2. The link was for last year when this program wasn't fully fleshed out. This was EPI's best information about what the transition period would look like. It is much more fleshed out now compared to the time when EPI put out their article. That is where my concern about passing C without also passing A and B came from.

      Delete
  5. How it will work for people who are missing only one paper?

    ReplyDelete
  6. Could someone please share what the transition will look like? I assumed the following: A=M1, B=M2, C=M3, D=M4 so e.g. if you miss/failed B you just have to take M2. Is this wrong? Quite confusing, and we need to know what to register for?

    ReplyDelete
  7. Good luck with this guessing game! I wait at the moment for the results for 2022. They should come out next week I think.

    ReplyDelete
    Replies
    1. What makes you think the results are out next week?

      Delete
    2. The results are most likely to be out on June/July, just like in the previous years.

      Delete
  8. Yep, that was my impression too; late June seems like a safe bet

    ReplyDelete
  9. Have just had an initial look at the proposed papers that published today. My first impression is that the use of so many different methods of answer entry in Wiseflow is really quite confusing. The last thing I'd want as a candidate is to be starting an exam knowing that for every section I'm going to have expend mental energy making sure I have answered each section in the correct way.

    For example, the M1 paper includes questions where the answer format is: just multiple choice, multiple choice with the option of adding text only if none of the multiple choice answers are correct, multiple choice where you have to additionally give a free text answer, drag and drop, drag and drop with an optional explanatory free text option, free text answers etc. For the multiple choice questions you also have a mixture of click buttons, drop down menus and drag and drops.

    It seems to me that just because Wiseflow can do all of these things, doesn't mean that they should all be used! Surely would be clearer for candidates if the papers used a smaller number of input options consistently

    ReplyDelete
    Replies
    1. Yes you are right - dead confusing, and that is with Wiseflow working properly!

      Delete
  10. Some candidates and tutors seem not to be fully aware of the running consultation on the proposal for the New EQE, as we receive several inquiries. Reference is made to the New EQE webpages for full details. A short summary is given below.

    The consultation was launched at the end of of May and will (according to the New EQE website) remain open until 15 July 2022. To be able to access the model papers in Wiseflow, please register via the link under "Model papers" on the New EQE website (https://www.epo.org/learning/eqe/new-eqe.html).
    Feedback will be collected by means of a questionnaire. The answers to the questionnaire will be evaluated by the EPO-epi working group.

    The consultation on the future European qualifying examination (EQE) aims at gathering feedback on the proposed format for the EQE. The material provided for the consultation includes, in addition to the concept paper, details of the proposed modules, the list of competences tested, a set of model examination papers for these modules and a questionnaire. The model papers, produced by a joint EPO-epi team, will give an idea of how the future EQE might look.

    The dedicated questionnaire is open on the New EQE website until 15 July 2022 and offers a wide range of multiple-choice questions as well as the option of a free text answer.
    The webpage indicates that only feedback given via this questionnaire can be taken into account.

    Feedback is asked on the competence based modular approach, the proposed modules, and the model papers in Wiseflow including the various styles of the questions in the various modules.

    ReplyDelete
  11. The model papers have very many different question formats. That does not test EPC or PCT, but confuses the exam. Some formats have no added value over known and less-confusing formats: 2 drag&drop target boxers with 5 statements to be dragged and dropped therein is no different from 10 (2 times 5) true-false statements.

    ReplyDelete
  12. Is the reason that the 2022 results are delayed due to the consultation of the new format exam? I hope they won't have an influence!

    ReplyDelete
    Replies
    1. EPO does what EPO does.

      The participation confirmation letter says - "[[t]]he results are expected to be available in myEQE in June." There are too many possibilities here.

      First, the wording "expected to be" gives a lot of flexibility to EPO in that it can simply state in the future - "unfortunately, our expectations could not be met". Moreover, it is unclear who actually "expects" this. Are those who expect the results to be there in June the candidates or the examining committee?

      The second aspect is the word "June" in the letter of participation confirmation. June is the ongoing month and has still 9 days (excluding today).

      There, you have it. No one can question EPO. EPO does what EPO does.

      Delete
    2. I have it on good authority that the final markers' meeting was within the first few days of June. All scripts should be marked now and the results decided on. It is (in my opinion) wholly unsatisfactory for candidates to still be waiting on results. I have also heard from the e-EQE helpdesk that the results are expected the end of June. At the very least they could provide us with an exact date for the results to be published!

      Delete
    3. I also contacted the helpdesk last week, and they again confirmed that "We are expecting the results for end of June." Still nothing concrete, but it seems like they are on track for releasing the results this month.

      It's worth noting that last year the results came out around the 20th June, and the exams finished slightly later this year, so I think it's reasonable to assume that the results won't be out until next week.

      Delete
  13. It is clear to me they are waiting until the new format exam "trials" are over. Why, I do not understand.

    ReplyDelete
    Replies
    1. It's questionable whether the EQE sitting on results without a good reason infringes Rule 4(2) of the IPREE "The Secretariat shall make available to each candidate the marking sheets pertaining to his answer papers.".

      OK, Rule 4 doesn't expressly state a time limit for the 'making available', but of course the EQE sitting on the results for 10 years, or 5 years, or 2 years wouldn't seem to be acceptable and in the spirit or Rule 4. It would seem reasonable that Rule 4 is interpreted to allow the EQE to sit on each candidate's results until all the candidates' results are available and moderated/finalised etc.

      But sitting on all candidates' finalised results, as the above poster appears to suggest is happening, for an inappropriate purpose seems arguably to infringe Rule 4.

      Delete
    2. There has been a public/school holiday in Germany for the last two weeks, which may be why the results have not been published. However by that logic, the German schools go on summer holiday on Friday 24 June 2022. Therefore should we expect the results before then, when many workers will take summer holidays to be with their kids?

      Delete
    3. If you look at previous years, it is always towards the end of the month (2021 on 21st June, 2019 on 18th June, and before that it was usually approx. 29th of June). Personally speaking, it is incredibly frustrating not to know when they are coming out and be in a state of uncertainty, but I highly doubt that the supposed delay has anything to do with the new-EQE developments...

      Delete
    4. Let us at least hope they don't make mistakes with the marks like they did last time. There were some uploading errors with the marks in 2021.

      Delete
    5. This blog is about the consulation on the New EQE.
      It is not meant for commenting on the EQE2022 results - please refer to the EQE 2022 blogs for that and post your comments on http://eqe-deltapatents.blogspot.com/2022/03/good-luck-to-all-eqe-2022-candidates.html (we will open a Results blog as soon as the Results and/or the Examiner's Report is available).

      Delete
  14. I don't think they will wait until mid-July, which is when the trials are over.

    ReplyDelete
  15. Are we going to have the solutions to the mock flows? I did some of the flows also to practice in my study but would like to confirm that I got it right.

    ReplyDelete
    Replies
    1. Good question. I was wondering the same. I think we also need the answers as well as a clear indication of the marks to get a good impression of -and give feedback on-
      1) the degree of (un)ambiguity and/or clarity for, in particular, the multiple choice questions and the drag-and-drop questions (which are equivalent to a set of T/F questions); without the answers and argumentation thereto, it is difficult to see whether maybe another interpretation was needed/expected;
      2) the detail and extent of the answering required for free-text answers and how that matches the phrasing of the questions (which is quite well known for the current main exam papers). E.g., an M4 question is on equivalent infringement in DE/FR/UK: do they really want us to expand on the differences between the national case law (if not, why are three specific countries named)? As there is no REE/IPREE yet, we need to guess the syllabus based on the description in the paper, but that is not of any help in this case;
      3) the weight attributed to the various topics in a paper. E.g., in F1, there are questions which require just one date as an answer and there are questions requiring to drag 5 statements in 2 boxes (so essentially 10 True/False statements): how do they compare in number of marks and expected time? Without knowing the number of marks for each question, it is difficult to form an opinion and to give feedback.

      By the way, I wonder whether the consultation also expects that we hand in our answers - it is not asked for explicitly. I tend to not hand-in as the email from the secretariat indicated "Please note that once you have submitted your answers you can no longer access the paper", and I would like to be able to access the model papers as long as possible (until 15 July).

      Delete
  16. Am I reading something incorrectly, or have traces of a mid-July deadline/closure of the consultation period vanished from the New EQE section of the website? Have the trials been extended indefinitely?

    ReplyDelete
  17. Anything on how current EQE candidates who pass 1 more papers be compensated. For example, pass B and D but A and C left. How many papers would they need to take in new format

    ReplyDelete
  18. When will the consultation close?

    The blog post says "The consultation will be launched in the second half of May and will remain open until 15 July 2022", but I cannot find that information on the New EQE webpages.

    ReplyDelete
    Replies
    1. As Odie as mentioned above it seems that the mention of the end of the consultation has been removed from the New EQE webpage. it did originally say 15 July 2022, but makes no mention now.
      I can see that the model papers in wiseflow are open until 31 of July (which i belive is an extension from 15 July) so maybe the consultation has been extended until the end of the month, but there is no guarantee that the questionnaire will not close before then.

      Delete
    2. Curious when it will close. Not in the middle of summer holidays I suppose.

      Delete
    3. After inquiring about the deadline, I was informed that the consultation period will be extended until 31 August and that the new deadline will be published on the website in the course of next week.

      Delete
    4. The New EQE website now shows the extended deadline:

      "Feedback will be collected by means of a questionnaire until 31 August 2022."

      Delete
  19. Some comments here on the new eqe format. They seem pretty happy with the proposal, assuming that there are changes to the organisation made to support it: https://blog.ipappify.de/new-e-eqe-has-major-improvements/

    ReplyDelete
  20. It would be incredibly unfair if candidates who under the old system have compensatory fail but are not allowed to keep it for the new system.

    For example, if you got 45 marks for Paper C and 60 for A and D but you just need to pass paper B, I think these candidates should still have the compensatory fail on paper C to carry over in the new system. This is the fairest way for candidates who will be in transition.

    ReplyDelete
    Replies
    1. It would be extremely harsh if candidates are made to sit more exams of the new system if they rid the compensatory fail scheme for transitioning candidates. Those were the terms that candidates are under so its right that they should keep those paper between awarded with 45 to 49 marks and only take what is left in the new system. Off course, a mark of at least 55 marks should be achieved for other 2 papers for compensatory to apply.

      Delete
  21. They will have to consider and take into account compensible fail marks for those who sat under the old system but need one or two papers of the new system. It has to be applied for transitioning candidates as this is only the fairest way to treat these candidates.

    ReplyDelete
  22. agree- making those candidates who have compensable fail marks to retake entire exams again seems unjust and against the spirit of the old system. They need to allow candidates with compensable fail marks on certain papers to carry that through to the new system.

    ReplyDelete
  23. Dates for EQE 2024 in current format have been announced by notice of 20 September 2022:

    https://documents.epo.org/projects/babylon/eponot.nsf/0/B36961D9418A8E84C12588C3003E8B8E/$FILE/Dates%20EQE%202024_EN.pdf

    Please refer to our blog post http://eqe-deltapatents.blogspot.com/2022/09/dates-for-eqe-2024.html

    ReplyDelete

Post a Comment