http://ipkitten.blogspot.com/2022/07/have-your-say-on-new-eqe-proposal.html
The EPO is running a consultation on the joint proposal from the EPO and epi for a new European Qualifying Examination (EQE) for trainee patent attorneys. Full details of the proposal and the consultation, which takes the form of a 25 minute Questionnaire, can be found here.
| A modular approach |
The EPO-epi proposal is to transform the EQEs into a series of shorter modular exams taken at more regular intervals throughout a candidate’s training. The modules will variously test candidates’ legal and procedural knowledge, their prosecution and drafting skills, as well as their ability to advise clients.
Model papers for the new EQE are available to try in WiseFlow (or can be downloaded from the EPO website). All of the modules will be taken by candidates in a digital format. There will also be increased use of auto-marking in the earlier modules, switching to manual marking as candidates progress.
| Proposed EQE modules |
The new examination format proposed by the EPO and epi is, in part, about making the examinations more suitable for a digital format. The shift of the pre-existing EQE format online during the pandemic had a rocky start. The recently released Annual Report of the Boards of Appeal 2021 revealed a very large increase in appeals relating to the EQE. In 2021, 53 appeals were filed relating to the EQEs, compared to 15 in 2019 and 16 in 2018. The Annual Report suggests that this was due to the fact that the 2020 examinations were cancelled because of COVID-19, which meant that there were a high number of participants for the 2021 examinations. However, the cancelled 2019 examination does not explain an increase in appeals by a factor of 3.5. A more likely explanation was the issues candidates encountered with the WiseFlow system (e.g. when candidates were only provided with the German examination paper at the start of Paper D (IPKat)) and various issues with the papers themselves. Many candidates have been successful in their appeals (e.g. D 42/21, D 31/21, D 54/21, D 26/21, D 48/21, D 41/21).
Fresh thinking on patent attorney qualifying exams is welcome. The EPO’s approach contrasts with the outcome of the Mercer Review on UK qualifying examinations. As far as this Kat could ascertain, the outcome of the Mercer Review appeared to amount to the rather bizarre decision to abolish mark schemes, combined with the hope that there will be a contemporaneous improvement in training for all trainees (IPKat). Given that, like the EPO, the Patent Examination Board (PEB) is retaining the digital format for the UK examinations, perhaps a similarly radical shake-up of the UK examination could be contemplated?
In the meantime, IPKat readers are strongly encouraged to provide their views of the EPO/epi proposal for the EQEs.
Further reading
13 April 2021: EPO plans radical shake-up of EQEs 2024 onwards
8 October 2021: Mercer Review on UK patent attorney exams released
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