According to epo.org, the official website of the European Patent Office (EPO), EQE is widely regarded as one of the most demanding professional examinations having been passed by more than 10 000 candidates already.

Established in 1979, the EQE is designed to establish whether the candidate – a professional representative before the European Patent Office – has the requisite aptitude and knowledge to represent applicants before the EPO.

The examination is organised and conducted by a Supervisory Board, an Examination Board, Examination Committees and an Examination Secretariat.

The current Regulation on the European qualifying examination (REE) and its Implementing provisions (IPREE) stipulate the following provisions:

Regulation on the European qualifying examination (REE)

Article 1: European qualifying examination

(4) The examination shall cover, as a minimum:

– the drafting of claims and the introductory part of a European patent application on the basis of information normally available to a professional representative for this task;

– the preparation of a reply to an official letter in which prior art has been cited;

– the drafting of a notice of opposition to a European patent;

– answering legal questions and drafting legal assessments of specific situations.

(7) If a pre-examination is held, the provisions of this Regulation shall apply mutatis mutandis.

Article 11 – Conditions for registration and enrolment

(1) Candidates shall be registered for the examination on request provided that

(a) they possess a university-level scientific or technical qualification, or are able to satisfy the Secretariat that they possess an equivalent level of scientific or technical knowledge, as defined in the IPREE, and

(b) have started the professional activities defined in paragraph 2(a) or are employed as defined in paragraph 2(b).

(2) Subject to paragraph 1, candidates who apply to be enrolled for one or more examination papers must be able to:

(a) satisfy the Secretariat that at the date of the examination they have:

(i) completed a full-time training period of at least three years in one of the contracting states to the European Patent Convention (hereinafter “the EPC”) under the supervision of one or more persons entered on the list of professional representatives before the EPO (Article 134(1) EPC), as an assistant to that person or those persons, and that in the said period they took part in a wide range of activities pertaining to European patent applications or European patents, or

(ii) worked full-time for a period of at least three years in the employment of a natural or legal person whose residence or place of business is within the territory of the EPC contracting states and have represented their employer before the EPO in accordance with Article 133(3) EPC while taking part in a wide range of activities pertaining to European patent applications or European patents, or

(b) satisfy the Secretariat that at the date of the examination they have performed full-time the duties of an examiner at the EPO for at least four years.

Article 12 Languages

(1) The examination papers shall be drawn up in the three official languages of the EPO and all candidates shall receive them in all three languages.

(2) The candidates’ answers shall be given in one of the three official languages of the EPO unless otherwise prescribed in accordance with paragraph 3.

(3) The IPREE may contain special provisions concerning the use of an official language of a contracting state other than one of the official languages of the EPO.

Article 13 Examination syllabus

The examination shall establish whether a candidate has:

(1) a thorough knowledge of:

(a) European patent law as laid down in the EPC and any legislation relating to Community patents

(b) the Paris Convention (Articles 1 to 5quater and Article 11)

(c) the Patent Cooperation Treaty

(d) all decisions of the Enlarged Board of Appeal and EPO case law as specified in the IPREE, and

(2) a general knowledge of the national laws of:

(a) the contracting states to the extent that they apply to European patent applications and European patents

(b) the United States of America and Japan to the extent that they are of importance in connection with proceedings before the EPO.

Implementing provisions (IPREE)

Rule 2 – Examination syllabus

The examination syllabus referred to in Article 13 REE shall cover only those legal texts referred to in Article 13(1)(a) to (c) REE which are in force on 31 October of the year prior to the examination.

The EPO case law referred to in Article 13(1)(d) REE shall be that covered in the latest edition of “Case Law of the Boards of Appeal of the European Patent Office” (hereinafter “the Case Law Book”), the case law referred to in any case law special edition of the Official Journal published after the latest edition of the Case Law Book, and any case law published in the Official Journal on or before 31 October of the year prior to the examination.

Rule 3 – Marking

When marking answer papers, the members of the Examination Committees shall bear in mind that candidates may have written their answers in a language other than their mother tongue. Errors of grammar or style shall therefore not be penalised.

Rule 5 – Languages

(1) Pursuant to Article 12(3) REE, candidates may, if they so request when enrolling for the examination, submit their answers in an official language of a contracting state which is not an official language of the EPO. The Secretariat shall then arrange for a translation into one of the EPO official languages and submit it to the appropriate Examination Committee in addition to the original answer.

(2) The translations referred to in paragraph 1 shall not entail any additional fee and may be prepared by the Institute of Professional Representatives before the EPO (hereinafter “the Institute”).

Rule 10 – Pre-examination

(3) The purpose of this paper shall be to assess candidates’ ability to answer legal questions and questions relating to the drafting of claims as defined in Article 1(4) REE.

(4) The paper shall consist of

(a) legal questions relating to the candidates’ knowledge of the documents referred to in Rule 22(1) and

(b) questions on at least one technical proposal from a client, at least one draft claim in respect of that technical proposal and at least one relevant priorart document.

Candidates will be expected to answer questions on the allowability of the claim(s) under the European Patent Convention (hereinafter “the EPC”) and as to whether the claim(s) provide(s) the broadest possible protection under the EPC.

When answering the questions, candidates shall bear in mind the requirements of the EPC, in particular regarding novelty and inventive step, and the recommendations contained in the Guidelines for Examination in the EPO (hereinafter “the Guidelines”).

Rule 11 – Qualification required

(1) Pursuant to Article 11(1)(a) REE, a candidate shall be considered to have the necessary qualification if he possesses at least a university-level scientific or technical bachelor’s degree, or any equivalent academic degree, in one of the subjects defined in Rule 13 or any subjects equivalent to these, from a university, technical university, technical high school, vocational college, higher technical college or institute, school of engineering, or any similar establishment having at least the academic level of the aforementioned establishments in one of the contracting states.

(2) The academic degree referred to in paragraph 1 shall have been awarded at the end of a full-time course with a minimum duration of three years. At least 80% of the course hours taken to obtain this degree shall have been devoted to scientific and/or technical subjects.

Rule 12 – Qualification from a non-contracting state

(1) Should a candidate possess a degree, diploma or certificate from an educational establishment in a noncontracting state, he shall have to satisfy the Secretariat that this is equivalent to a degree as mentioned in Rule 11.

Rule 13 – Qualification subject-matter

The scientific and/or technical subjects referred to in Rule 11 shall include biology, biochemistry, chemistry, construction technology, electricity, electronics, information technology, mathematics, mechanics, medicine, pharmacology and physics.

Rule 14 – Equivalent knowledge

If a candidate is not able to prove that he meets the conditions referred to in Rules 11, 12 and 13, he may nevertheless be considered to possess an equivalent level of scientific and/or technical knowledge if he can establish that he has at least ten years’ experience in the activities defined in Article 11(2)(a) REE.

Rule 15 – Professional activities

(1) The professional activities referred to in Article 11(2)(a) REE shall be completed in one or more of the contracting states.

Rule 17 – Disabled candidates

(1) Disabled candidates are those who can prove that they suffer from a disability severely affecting their capacity to participate in the preexamination or the examination as set up for all other candidates

(2) Any such candidate shall provide appropriate evidence issued by the competent national health service.

(3) Depending on the severity and degree of the disability, the Secretariat may allow the candidate to participate in the pre-examination or the examination under conditions which compensate as far as possible for the consequences of his disability in respect of those examinations. Additional time for writing the papers, personal assistance or other logistical or technical support may be accorded as appropriate depending on the circumstances of a particular case.

Rule 18 – Invigilation

(2) For the conduct of the preexamination or the examination at an examination centre, the Secretariat shall appoint a chief invigilator and a deputy invigilator from among the members of the Examination Board, the Examination Committees or the Secretariat.

Rule 20 – Fraudulent behaviour

(1) Fraudulent behaviour is any behaviour by a candidate with the aim of obtaining an undue advantage during registration/enrolment or during/after the pre-examination or the examination. Such behaviour may consist, inter alia, in presenting false documents, making false or incomplete statements and/or using equipment during the preexamination or the examination which is not allowed.

Rule 21 – Examination papers

The examination shall consist of four papers: Paper A, Paper B, Paper C and Paper D as defined in Rules 23 to 26 respectively.

Rule 22 – General instructions for answering the papers

(2) It will be assumed that candidates have read the examination paper in the language in which they give their answer. Candidates who give their answer in a language other than one of the EPO official languages, and have filed a corresponding request when enrolling for the examination, shall indicate on the front page of their answer papers which language they used in answering the examination papers.

(3) Candidates shall accept the facts given in the examination paper and limit themselves to those facts. Whether and to what extent those facts are used shall be the responsibility of each candidate. Candidates shall not use any special knowledge they may have of the technical field of the invention.

Rule 23 – Content of the examination – Drafting paper (Paper A)

(1) The purpose of this paper shall be to assess candidates’ ability to draft claims and the introductory part of a European patent application as defined in Article 1(4) REE.

(2) Candidates shall assume that they have received a letter from their client which includes a description of an invention for which the client wishes to obtain a European patent, together with references to the most pertinent prior art known to him.

(3) Candidates are expected to draft an independent claim (or claims) which offer(s) the patent applicant the broadest possible protection in accordance with the EPC. When drafting the claim(s), candidates shall bear in mind the requirements of the EPC, in particular regarding novelty and inventive step, and the recommendations contained in the Guidelines for Examination in the EPO. Dependent claims, which shall be limited to a reasonable number, shall be drafted in order to provide a fall-back position in case the independent claim(s) is/are rejected.

(4) Candidates are also expected to draft an introduction, i.e. that part of the description which precedes the examples or the explanation of the drawings. The introduction shall provide support for the claim(s). In particular, candidates shall give consideration to the advisability of mentioning the advantages of the invention in the introduction.

(5) Candidates are expected to draft claims and an introduction for one European patent application only. The application shall meet the requirements of the EPC as to unity (…).

Rule 24 – Content of the examination – Reply paper (Paper B)

(1) The purpose of this paper shall be to assess candidates’ ability to reply to an official communication in which prior art has been cited as defined in Article 1(4) REE

(2) In this paper, candidates shall assume that a European patent application has been filed designating all the contracting states, and that the EPO has issued an official communication. The paper shall include a client’s letter containing instructions about the way the client wishes to proceed with the European patent application and a draft set of claims to be filed with the candidates’ response to the official communication.

(3) Candidates are expected to respond to all points raised in the official communication. The response shall be in the form of a letter to the EPO accompanied by the claims supplied by the client, amended as appropriate to meet the requirements of the EPC. The description shall not, however, be amended. In their reply, candidates shall identify clearly all amendments made in the claims and their basis in the application as filed, and provide additional explanations where necessary. Candidates shall also set out their arguments in support of the patentability of the independent claim(s).

Rule 25 – Content of the examination – Opposition paper (Paper C)

(1) The purpose of this paper shall be to assess candidates’ ability to draft a notice of opposition to a European patent as defined in Article 1(4) REE. The duration of this paper shall be five hours.

(2) The paper shall be presented in the form of a letter from a client to a professional representative accompanied by the European patent to be opposed (Annex 1) and prior-art documents. The annexed prior art shall comprise at least three documents.

(3) Candidates are expected to put themselves in the position of the representative and, using only the information provided by the client, prepare a notice of opposition which when typed would be ready for filing.

(4) The notice of opposition prepared by candidates shall comply with Articles 99 and 100 and Rule 76 EPC, bearing in mind the relevant recommendations in the Guidelines for Examination in the EPO, Part D. In order to maintain anonymity, candidates shall not give their real name, but should instead use the name of the representative to whom the client’s letter is addressed.

(5) The notice of opposition shall contain all those grounds (and no others) – where possible against all the claims – which candidates consider in this particular case to be prejudicial to the maintenance of the patent. The omission of good grounds for opposition will lead to a loss of marks commensurate with the importance of the grounds in question. Article 100(b) EPC shall not be cited.

(9) Candidates should be aware that Annex 1 is fictitious and is not necessarily in a form that would have led to the grant of a patent by the EPO.

Rule 26 – Content of the examination – Legal paper (Paper D)

(1) The purpose of this paper shall be to assess candidates’ ability to answer legal questions and to draft legal assessments as defined in Article 1(4) REE

(2) It shall comprise questions relating to different areas of the candidates’ legal knowledge. Answers should be brief and to the point. Candidates shall always cite any article, rule or other legal basis relevant to their answer.

(3) It shall also include an enquiry from a client requiring an answer in the form of a legal opinion. Candidates shall use the opinion they draft to explain the legal consequences of the situation as described. They shall be expected to demonstrate their ability to deal with a complex industrial-property law case involving fundamental issues of patentability, rights of inventors, inventions as property and third-party rights, as defined in particular, but not solely, in Articles 52 to 89 EPC, the corresponding articles of the PCT, any legislation relating to Community patents, the Paris Convention, and the relevant laws of the contracting states.

Passing the EQE

To pass the EQE, it is obligatory to pass all examination papers. Candidates may not enrol for the main examination (papers A, B, C and D) until they have passed the pre-examination. There is a compensatory system in the main examination whereby under certain circumstances, low marks can be offset by good marks in other papers, according to epo.org.

A Code of conduct for candidates during the EQE taking place online (e-EQE) has been also provided.

Article 1 Obligations for candidates

(1) During the EQE, candidates must:

(i) authenticate their identity when requested to do so

(ii) access the EQE via their dedicated personal account

(iii) use only hardware and software needed to connect to the cloud-based examination system (iv) follow the instructions to candidates concerning the conduct of the European qualifying examination, those given in the User Guide, tutorials and other relevant documents available on the e-EQE website (epo.org/learning/eqe/e-eqe.html)

(v) follow the instructions given by invigilators

(vi) access only the materials and/or links made available in the examination system.

(2) During the EQE, candidates must not:

(i) seek, accept or in any way receive assistance from any third party other than the Examination Secretariat or an invigilator

(ii) copy, transmit or share any examination material or their own answers outside the cloud-based examination system.

Instructions to candidates concerning the conduct of the European qualifying examination

I. General

2. The European qualifying examination is conducted online using the WISEflow examination system in conjunction with the corresponding lockdown browser. The examination is invigilated using online proctoring based on video and audio recordings, with the help of artificial intelligence combined with human invigilation.

II. Examination environment

1. The examination may be taken at any suitable location chosen by the candidate.

2. The room must be suitable for an examination in terms of light, temperature and noise. The room’s doors must remain closed during the examination. Candidates must be alone in the room. No other person is allowed to be in or enter the room during the examination.

7. Candidates may use any printed materials, e.g. books, and any documents they consider useful for answering the examination papers.

III. Technical requirements

1. To sit the examination, candidates require the necessary technical equipment and set-up as described in the WISEflow documentation available on the WISEflow website and in the FAQ section on the EQE website. Candidates should follow the WISEflow recommendations for configuring their environment (epo- wiseflow.ladesk.com/772936- Lockdown-computer-recommendations).

5. Specifically, candidates are responsible for:

(a) the internet connection

(b) the power supply

(c) the proper functioning of hardware and software

(d) the correct, stable positioning of the camera to ensure their face is visible in the camera image throughout the examination

(e) the computer/laptop they are using, in particular, the computer should not be disrupted by any background routines such as automatic updates or other programs during the examination

IV. Preparation and start of the examination

6. Candidates must have a valid official photographic ID (identity card or passport) and keep it within easy reach. For the purpose of verifying their identity, candidates must hold their ID next to their face for a reference photo to be taken each day at the beginning of the examination paper. When prompted by the system, candidates must take a reference photo ensuring that their entire face is visible. In addition, invigilators can ask candidates to hold their identity card or passport up to the camera at any time during an examination.

V. Exam invigilation

1. Candidates must take all steps stipulated in WISEflow to ensure that the software can properly monitor the examination online.

2. Throughout the examination, invigilators will monitor camera and microphone activity. Accordingly, invigilators may perform further checks to inspect the candidates’ examination environment.

VI. Misconduct

1. The following is a non-exhaustive list of what will or might be considered fraudulent behaviour or misconduct:

(a) impersonation – when a candidate attempts to deceive by pretending to be someone else or has another person take the examination for them

(b) having a second person in the room (or the appearance of having same)

(c) using unauthorised material or electronic or other equipment that is not permitted

(d) failing to follow invigilators’ instructions

(e) receiving, swapping or passing on information that could be related to the examination, whether orally or in writing using paper/notes/online materials on a computer or other electronic equipment

(f) copying from another candidate and discussing or working together with others

(g) disruptive behaviour, including using offensive language

(h) tampering with the examination system

(i) tampering with the equipment used for invigilation, e.g. camera and audio device.

Live course on preparing for the EQE pre-examination paper (September to March)

This course, which starts on 1 September 2022, will cover all aspects of the EPC. It includes articles, quizzes and live sessions with tutors. There is also a forum where candidates and tutors can get together to exchange views, according to epo.org.

Coffee-break questions

Coffee-break questions are straightforward questions that require a simple yes/no answer. When you sign up for this service, we will send you a question every three days via e-mail, along with the answer to the previous question, according to epo.org.

Time limit questions

A large number of the legal questions in the main EQE examination papers deal with deadlines under the EPC. This section contains exercises to help you practise calculating time limits at different stages in the grant, opposition and appeal procedures, according to epo.org.

Romanian patent attorney Cristina Georgescu