http://ipkitten.blogspot.com/2020/12/peb-confirms-that-candidates-will-not.html
Last week on IPKat we reported the release of further information for pre-EQE and EQE candidates (IPKat: EQE 2021: Further details on examination timings and paper format released). In addition to making the exams online for the first time, the EQE organisers have taken the surprising decision to also change the format of some of the exam papers so as to include enforced long breaks. The EQE FAQ have since been updated and can be read here.
The release of the EQE information understandably prompted many comments from concerned candidates on both IPKat and DeltaPatent’s EQE blog. The IPKat post also received comments from Sarah Boxall, Chief Examiner for the UK patent exams. Sarah Boxall had previously used the IPKat comments to provide further examination information to candidates for the UK patent exams (IPKat here). Unfortunately, in the latest instance, Sarah Boxall’s comments heightened as opposed to alleviating candidate anxiety. In response to candidates’ criticisms of the new EQE structure, Sarah Boxall commented that “Candidates should also be aware that the EQE’s are taking learnings from what did not go so well with the PEB exams, namely candidates not taking screen breaks and using that time and the upload time to continue writing when the actual exam time had finished, i.e. writing beyond the time allocated for the exam. Such behaviour would result in disqualification in an exam hall and the matter is being considered by the PEB Governance Board this month“.
| Distracted from Xmas EQE revision |
Many candidates understood Sarah Boxall’s comment as indicating that UK exam candidates may be disqualified if they were found to have continued to work on their examination script during the screen breaks and upload time. This would be a direct contradiction of the Essential Information to Candidates released before the exams. The exam guidance stated that candidates could use the allowed screen break time as they wished. To be fair to Sarah Boxall, her comment does not explicitly state that the PEB was considering disqualification of candidates. However, the hint at this undoubtedly caused much concern among candidates.
The resulting backlash has now prompted the PEB to release a new statement. The PEB states that it “would like to reaffirm its position with regard screen breaks and the time taken to upload documents during the 2020 Qualifying Examinations, which have been subject to discussion on social media” [Merpel wonders why the PEB is so coy about naming IPKat?]. The PEB goes on to confirm that “[t]here was never any intention to penalise candidates who did not take screen breaks or who used the full time allowance to upload documents“. For a statement directed at patent attorneys, this phrasing is unfortunately ambiguous. However, I think we can generously construe the PEB’s meaning to be that candidates will not be penalised for continuing to work on their examination script during the time allotted for screen breaks and uploading. Given the likelihood that the vast majority of candidates did not religiously abide by the allotted screen break and upload timings, this (apparent) confirmation from the PEB will come as a relief to many.
However, the incident last week prompted again many of the criticisms previously levelled at the PEB, including lack of transparency and a refusal to listen to candidates’ concerns. The Honorary Secretary of the CIPA Informals, Joel Briscoe, has now offered to collate these comments so as to feed them into the appropriate official CIPA channels. Joel will also be meeting Sarah Boxall next week to discuss the questions and issues that have been raised. If you have any further comments for Joel in advance of this meeting, please send them to [email protected].
This Kat looks forward to hearing the outcome of these discussions, and we will be reporting them here on IPKat. In the meantime, please keep comments polite!
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