http://ipkitten.blogspot.com/2020/06/the-patent-examination-board-peb.html
The Patent Examination Board (PEB) has released more information on the arrangements for the UK patent exams this year, in view of the COVID-19 pandemic. 

The information is buried on the PEB website, and can be accessed here. The PEB confirm their earlier indications that the UK exams will take place online. The date of the examinations remains unchanged (mid-October). It appears that candidates will have the choice of sitting the exams at home or at work. However, if they wish to sit their exams at work, candidates will need to submit an application for a change of examination venue. The deadline for such applications is 31 August 2020.

The PEB provides a long list of requirements that will need to be satisfied for the PEB to accept a change of exam venue, including the details of a senior member of staff who will supervise the printing of the exam paper. The PEB notice also lists the minimum IT equipment needed for the exam. Candidates will need access to:

  • PC or laptop (NOT tablet device)
  • Email and internet connection – typically broadband speed of 1 Mbit/s minimum
  • Webcam and phone camera (Android 4.1 or iOS (Apple) 8.0 or higher)
  • Microphone and speaker
  • MS Word 2010 or above
  • Printer for printing out the question paper. (Also for FD2, FD3 and FD4 to print out claims sheet and diagrams for annotation by hand.)
  • Scanner (for candidates taking FD2, FD3 and FD4 and those whose application to hand write their answers has been approved)
  • Adobe, or similar pdf viewer, so you can save you answer script as a pdf ready for upload.

The PEB notes that this list of requirements has not yet been finalised. It is this Kat’s expectation that most candidates will not have access to a scanner at home, so hopefully the PEB will rethink this requirement.

So what will happen on the day of the exam? The details about this are still sketchy. According to the PEB statement, candidates will be required to give an invigilator access to their webcam during the exam. “The invigilator or proctoring system will also ask you to use to [sic] the webcam to do a ‘sweep’ of the room and may require you to remove any unauthorised or potentially inappropriate items”. Start and stop times on your computer will be logged.

The PEB ends with a dire warning of the consequences if candidates are found to have cheated. In particular, “PEB will investigate all cases of suspected malpractice. A malpractice investigation may involve scrutiny of all relevant information and data, including script evidence, proctoring data logs, webcam recordings and logs of when documents were downloaded and uploaded”.

Invigilation

There is no indication in the statement that the exams will be anything other than the usual closed book. Will the logging software therefore monitor whether or not candidates are accessing the internet or their pre-downloaded copy of the manual of patent practice? If the logging software is able to monitor such activity, installation of the software on work computers or laptops may be problematic. It does seem that answers may be typed. The PEB in fact recommends that candidates practice past papers using MS word.

Unfortunately, candidates will be at the mercy of their internet connection. If your internet flickers on the day of the exam, there will not be much that can be done. The PEB indicate that they “will not accept requests for Special Consideration after the examination based on the failure of IT/communications equipment, systems or software”. On the basis of this, it seems that patent attorney firms are advising candidates to take the exams at work. This will undoubtedly be easiest for trainees at the largest firms who can put the required arrangements in place. Trainees working at smaller firms or in-house may find it more difficult to satisfy the exam venue requirements.

The PEB’s preparations are clearly still a work-in-progress. The PEB will therefore undoubtedly welcome constructive feedback from candidates on the work-ability of the proposed arrangements.

What do readers think?
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