tag:blogger.com,1999:blog-584401433841434859.post7337505180597063689..comments2024-03-26T18:08:13.873+01:00Comments on DeltaPatents EQE Pre-exam: Pre-Exam 2016: our (provisional) answers to the legal partNico Cordeshttp://www.blogger.com/profile/18418422722416402064noreply@blogger.comBlogger176125tag:blogger.com,1999:blog-584401433841434859.post-43986686803151166812016-09-09T13:08:44.307+02:002016-09-09T13:08:44.307+02:00See also our blog post on the caselaw blog: http:/...See also our blog post on the caselaw blog: http://dp-patentlaw.blogspot.nl/2016/09/d-416-representative-vs-der-vertreter.htmlNico Cordeshttps://www.blogger.com/profile/18418422722416402064noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-88007084771471690872016-09-08T21:14:37.469+02:002016-09-08T21:14:37.469+02:00Well, the appeals are out and for 5.4, TRUE is als...Well, the appeals are out and for 5.4, TRUE is also accepted by the Board. see e.g. D 4/16.UWOnoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-51889072592571386692016-04-04T23:52:08.713+02:002016-04-04T23:52:08.713+02:00Thanks Roel.
Quite late and I am tired but let me ...Thanks Roel.<br />Quite late and I am tired but let me share my thoughts with you. Maybe they are correct ;-)<br /><br />Not appointing Hassan in the request means appointing Hassan by means of a PoA after filing PCT-G. However, such PoA does not have to be submitted with DPMA. In case of withdrawal PCT-G, PoA needs to be submitted... So 5.4 would be T (depending on convincing arguments why 5.4 relates to Hassan and not to a representative in general!)<br /> JoGinoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-48810161041253565952016-03-29T16:10:57.986+02:002016-03-29T16:10:57.986+02:00Which effect does the different translation betwee...Which effect does the different translation between German and the other languages have for the sample solution?<br /><br />There were asked different kind of questions.<br /><br />German was "the representative" instead of "a representative". So, it was asked for Hassan, a German patent attorney. (5.2 and 5.3 related to just a representative).<br /><br />Also, "only" was changed to "nur dann", what means "only then". The word "then" gives a time rank to question.<br /><br />Example:<br />I can pay my rent only then, if I got my money on my bank account.<br />I can pay my rent only then, if I got my money back from my neighbour.<br />I can pay my rent only then, if I find my purse again.<br /><br />Many effects are correct. Every single statement is correct for itself.<br /><br />"Only" refers to "then" and builds a rank.<br />"Only" is not limited to a special person, i.e.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-24026276919377418482016-03-24T16:30:41.320+01:002016-03-24T16:30:41.320+01:00Hmm, looking back, Reasons 3.5 of T 62/05 *suggest...Hmm, looking back, Reasons 3.5 of T 62/05 *suggests* that the same deadline would apply for claiming priority as for transferring the priority document (and hence the same day would be OK), but this is not said in as many words. <br /><br />It was probably that in combination with the March 2011 mock and the "EQE4all" answers to that mock citing T 62/05 which made me think the T decision was more explicit in that respect (see: http://www.eqe4all.org/pre-exam%20mar%202011%20answers.php). I looked at that having got the mock question "wrong" when doing it for revision.<br /><br />So yes, perhaps I did get that question wrong in the real exam due to using and having believed revision materials provided by the EPO....!<br /><br />I've just had a quick look for other relevant case law but nothing jumped out. I would be interested if it does come up, as it would seem rather unfair for someone who has obtained ownership via an assignment and then filed a priority-claiming application the same day to be not entitled...<br />Katienoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-20048630112401735442016-03-24T11:44:29.084+01:002016-03-24T11:44:29.084+01:00Hi Katie, I may overlook it, but where in T 62/05 ...Hi Katie, I may overlook it, but where in T 62/05 do you read so, in which reason? (http://www.epo.org/law-practice/case-law-appeals/recent/t050062eu1.html#q=)<br /><br />@Suzanne: the "official answer" to the Mock Exam of 2011 (March) also made me doubt, but as said above, I relied on the Guidelines which are considered a high authority in the EQE (also in the Main Exam), even though (strictly) not legally binding.Roel van Woudenberghttps://www.blogger.com/profile/15823355175016282250noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-13055148198442537382016-03-23T19:10:02.074+01:002016-03-23T19:10:02.074+01:00I agree that the Guidelines say that, but the Guid...I agree that the Guidelines say that, but the Guidelines are not legally binding. T 62/05, for example, held that the same day was fine. That's why I put "False". <br /><br />I don't agree with the Examiner's report, and would be minded to appeal had I not passed!Katienoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-81213883929844682632016-03-18T09:39:37.240+01:002016-03-18T09:39:37.240+01:00The Examiners Report about 5.4:
Statements 5.2 to...The Examiners Report about 5.4:<br /><br />Statements 5.2 to 5.4 relate to representatives (agents) dealing with international applications in general, and these statements are not restricted to PCT-G and Hassan as the representative (agent).<br />[...]<br />A withdrawal of an international application has to be filed either by the applicant(s) or by a representative (agent), provided that he has been appointed by the applicant(s) signing the request, the demand, a separate power of attorney or a general power of attorney (Rule 90bis.5, Rule 90.4(a) PCT and Rule 90.5(a) PCT. [Note that the case referred to in Rule 90.4(e) PCT does not apply whenever the representative (agent) was appointed by the applicant signing the request or the demand]. <br /><br />5.4 - FALSERoel van Woudenberghttps://www.blogger.com/profile/15823355175016282250noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-12082748606336002152016-03-18T09:31:59.846+01:002016-03-18T09:31:59.846+01:00Our answers are all the same as the answers in the...Our answers are all the same as the answers in the Examiner's Report. (So far) all statements have only been awarded a single answer, T or F.<br /><br />See http://pre-exam.blogspot.nl/2016/03/pre-exam-2016-results.html Roel van Woudenberghttps://www.blogger.com/profile/15823355175016282250noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-36598151905730274792016-03-17T19:49:48.050+01:002016-03-17T19:49:48.050+01:00Passed, phew! SPassed, phew! SUnknownhttps://www.blogger.com/profile/02682015207955561178noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-16179070880574798232016-03-17T19:30:35.958+01:002016-03-17T19:30:35.958+01:00Passed, phew! SPassed, phew! SUnknownhttps://www.blogger.com/profile/02682015207955561178noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-82328313779266799482016-03-17T18:41:56.224+01:002016-03-17T18:41:56.224+01:00Results now also online:
http://www.epo.org/learni...Results now also online:<br />http://www.epo.org/learning-events/eqe/statistics.htmlthe pluralitynoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-54445331528614350892016-03-17T17:51:18.047+01:002016-03-17T17:51:18.047+01:0082/100 according to that! Woohoo!
Pageflipper82/100 according to that! Woohoo!<br /><br />PageflipperAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-14635326500584080722016-03-17T17:32:35.525+01:002016-03-17T17:32:35.525+01:00Examiner's report is online:
http://www.epo.or...Examiner's report is online:<br />http://www.epo.org/learning-events/eqe/compendium/preexamination.htmlthe pluralitynoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-51797931591285186832016-03-17T15:13:11.509+01:002016-03-17T15:13:11.509+01:00I'm guessing that it will be tomorrow around 1...I'm guessing that it will be tomorrow around 10 am CET. Unfortunately, I may not be able to see the results until much later in the day after I land at the airport in Atlanta, Georgia, USA.Somewhere in Europe today but in the United States tomorrownoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-25428602671171582182016-03-17T14:18:27.607+01:002016-03-17T14:18:27.607+01:00If I pass (which is very borderline..I can't r...If I pass (which is very borderline..I can't remember what I put for a lot of the claims answers as I had no strong opinion either way, so likely totally messed that part up),I'll just be relieved! I keep checking on here in case someone has posted that the results are out!<br />If I fail I fail I guess. sigh. SUnknownhttps://www.blogger.com/profile/02682015207955561178noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-27312329968590526512016-03-17T14:06:35.217+01:002016-03-17T14:06:35.217+01:00This waiting is so stressing, think that I probabl...This waiting is so stressing, think that I probably have passed this time, but I want to be sure, and I want it now! <br /><br />What have you told your employer regarding your most likely result?<br />Are you planning to celebrate if you pass? How?<br /><br />This waiting is drivning me just nuts!<br /><br />/Minnie Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-9452819994383371282016-03-16T14:49:30.668+01:002016-03-16T14:49:30.668+01:00The "third week" surely implies the thir...The "third week" surely implies the third FULL week, i.e. the week beginning 21 March. Saying that, it is a sloppy, ambiguous statement where they probably meant the week beginning 14 March. Clearly it is the same person who set the exam paper. <br /><br />Re: Q3 - FP is not available as the time period set is not in relation to an application. Perhaps re-establishment? - it would be difficult to show all due care though and thus probably not allowed. <br /><br />Answers taking statement as it is: FTFT<br />Answers interpreting statement considering subjective intent: TFFT <br /><br />Good luck everyone!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-82424426506608817962016-03-16T12:23:51.338+01:002016-03-16T12:23:51.338+01:00I´ve had the e-mail yesterday to. Nice to know tha...I´ve had the e-mail yesterday to. Nice to know that they probably haven´t lost my paper with my answers...worried about that as I think I might have passed this time.<br />/MinnieAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-5436035351351415742016-03-15T16:48:27.523+01:002016-03-15T16:48:27.523+01:00It would be a pretty poor hallucination if so..I&#...It would be a pretty poor hallucination if so..I'm sure you could do better!<br />I haven't had an email..so maybe I did imagine mine!<br />SUnknownhttps://www.blogger.com/profile/02682015207955561178noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-45350755803228156942016-03-15T16:38:12.975+01:002016-03-15T16:38:12.975+01:00I just got an email from the secretariat that just...I just got an email from the secretariat that just says "The Examination Secretariat hereby confirms that you sat the pre-examination of the European Qualifying Examination 2016 on 29.2.2016."<br /><br />At least I didn't just hallucinate that! Made my heart jump to see the email arrive, but no results as of yet.<br /><br />PageflipperAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-66612158713676816572016-03-15T11:51:37.738+01:002016-03-15T11:51:37.738+01:00One further question - when people have appealed p...One further question - when people have appealed particular answers previously, did people file a joint appeal, or separately? SUnknownhttps://www.blogger.com/profile/02682015207955561178noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-74376437563330122352016-03-15T11:48:02.918+01:002016-03-15T11:48:02.918+01:00I'm thinking not Saturday or Sunday..definitel...I'm thinking not Saturday or Sunday..definitely after Wednesday..so Thurs or Fri. But equally it could all go t*ts up and not be until next week or the week after! I'd still like to hear something from them about the conditions in Bristol - at least an apology for making everyone almost freeze to death. I feel so sorry for the finals people having to go back there day after day. I think I'd have been tempted to go home!<br />SUnknownhttps://www.blogger.com/profile/02682015207955561178noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-52891041972471121162016-03-15T11:44:09.024+01:002016-03-15T11:44:09.024+01:00More T/F's for the Exam Committee
1. Towards...More T/F's for the Exam Committee<br /><br />1. Towards the end of this week means: Thursday or Friday.<br /><br />2. Towards the end of this week means: Saturday or Sunday so they can provide the results on the next business day, Monday.<br /><br />3. Cardboard contains wood fibres.<br /><br />4. Renewal fees are due if you fail the EQE and want to take it again.Somewhere in France (maybe Spain or Italy)noreply@blogger.comtag:blogger.com,1999:blog-584401433841434859.post-65066216349329023652016-03-15T11:19:06.294+01:002016-03-15T11:19:06.294+01:00Damn! On the other hand, I'm actually glad to ...Damn! On the other hand, I'm actually glad to be wrong in this instance ;)<br /><br />PageflipperAnonymousnoreply@blogger.com