Looking back at Pre-Exam 2015 after some successful appeals

Last Thursday, "Appeal success" posted as comment to our blog Examiner's Report and Results Pre-Exam 2015: "It seems that appeals based on 15.2 and 17.3 have been successful and reversed by the Examination Board themselves without the need for the intervention of the [Disciplinary] Board of Appeal - an Appellant at our firm received a letter today and it looked like a standard letter."

Anonymous, Jessica and Onur confirmed to have received the same good news: Jessica shared the content of the letter with the blog readers:

"The Examination Board has considered your appeal well founded and has decided to rectify its decision. Your answers to statements 15.2 and 17.3 are justifiable and an evaluation of your work on this basis would lead to your passing the pre-examination 2015.

The decision communicated to you with letter of 27 March 2015 stating your having failed the pre-examination 2015 is therefore withdrawn by the examination board.

Your answer paper has been awarded the following marks: 70

Based on the marks above and pursuant to Rule 6(2) IPREE, the examination board has decided to award the grade PASS.

I also take this opportunity to indicate that application to the main examination (papers A, B, C, D) of the EQE 2016 will start on 14 July 2015.

Should you have already enrolled to the pre-examination 2016, your application will be deemed null and void and the fees paid will be reimbursed.

The appeal fees will be reimbursed as soon as possible."


An extensive discussion can be found on IPKats blog "A day late and a dollar short: EQE appeal outcome favours the brave". Both that blog post by IPKat itself as well as the comments posted doubt the suitability of the True-False or any other multiple choice format for the Pre-Exam. Also, IPKat does not understand how it is possible that the guinea pig tests and further quality systems were not able to prevent the problem to occur, while the day after the exam, the discussion on the DeltaPatents' blog showed that there was a real issue with the cardboard. 

IPKat indicated "that one part of the problem may be haste. The emphasis on getting results out quickly is fine until the integrity of the exam starts to suffer, and from the outside it looks as if the committee, Board or Secretariat could have done with being allowed a little more time with the announcement of this year's marks. The  Supervisory Board might need to look at the time given to get the results right." In this context, it may be worthwhile to recall that -on last year's meeting between the Committees and the tutors- the Pre-Exam Committee did not accept the offer of a group of tutors to review the answers before making them public and mefore the marking, as there was no room for interference of tutors (see epi information 4/2014, page 138 ff , 3rd bullet in right column on page 145).

Further, quite harsh comments were posted to the IPKat blog to the 2015 Pre-Exam, as now three (claims analysis) statements are qualified as not ambiguous (6 marks) and even more statements are subject to further appeals...  (some of them having a high chance of success, in my view, 5.2, 16.3, and 20.4). Last year it was one (legal) statement (10.4) where appeal was succesful -- and where the decision was reversed for all 15 candidates that  originally failed whereas only 5 of them appealed. 

Although I do not share all of the statements made there, it seems that the successful appeals, the blog posts, the comments and the unrest caused to several tens of candidates (probably  about half of the 59 candidates that scored 66-69 marks, see here) seems to call for some improvements.
It is not only a long period of unrest and uncertainly for candidates, but -with these uncertainties as to (un)ambiguities- it is also for us tutors difficult to defend the pre-exam's usefulness and fairness, and it is also not really our favourite act to defend  answers that deviate from the Examiner's Report answers and to hereby show that the Exam Committee was wrong...


Examiner's Report and Results Pre-Exam 2015

The Examiner's Report for Pre-Exam 2015 was just put online: here.
Update - 3 June 2015: an addendum has been published to the Examiners Report


The official answers (and where we deviated in our provisional answers - see below) are:

Q.1:  T, F, T, F;
Q.2:  F, T, F, T;
Q.3:  F, T, F, T;
Q.4:  T, F, T, F;
Q.5:  F, T, F, T;
Q.6:  F, F, T, F;
Q.7:  T, T, F, T;
Q.8:  F, T, T, F;
Q.9:  T, F, T, T;
Q.10: T, T,
 F, T;

Q.11:  F, F, F, F;
Q.12:  F, T, T, F;
Q.13:  F, T, F, F;
Q.14:  T, T, T, F;
Q.15:  T, F (we had T)@, F, T;
Q.16:  T, F, T (we had F), F;
Q.17:  T, T, T (we had F)@, F;
Q.18:  T, T, F, F;
Q.19:  T, F, F, T;
Q.20:  T, "see above" (we had T), T, T.

As to 20.2, the Examiner's report indicates:
  • The statement 20.2 indicates that the material of D2 should replace the material of D1. This is not a valid argument within the framework of the problem solution approach, since D2 and not D1 is the closest prior art document. Hence, the answer to 20.2 is “False”.
    The formulation of 20.2 was however unnecessarily complex. Just by using the expression “D2 could be replaced by” instead of “D2 could replace” the solution would become “True”, since there is no teaching that solid wood could be replaced by the material of D1. For this reason, it is exceptionally decided to award marks for the answer “True” as well.
So, our (provisional) legal answers and our (provisional) claims analysis answers would have attracted all 50 marks from the legal part, and -with 3 isolated errors- 44 marks from the claims analysis part, so a total of 94. Further, for 20.2, both T and F were considered correct, which "saved us" as we deviate for 20.2 from the originally expected answer (F).

As a consequence, if you calculated a provisional score using our provisional answers, and had a different answer than we had for 15.2, 16.3, 17.3 and/or 20.2, your real score will be somewhat higher than expected, whereas your real score will be lower if you had the same answers as we for 15.2, 16.3 and/or 17.3.

The different answers to 15.2 and 17.3 relate to-what is referred to in the discussion to our claims blog- as the "cardboard issue" - the official answers to 15.2 and 17.3 rely on cardboard necessarily comprising / being made of wood fibers, whereas we considered the term cardboard to be a generic term and cardboard comprising wood fibers only one of the possible cardboard types -as we indicated in the discussion to the blog-. I refer to the earlier discussion to our claims blog for all arguments in favour of either conclusion, which were all given in the earlier discussion between various candidates and between candidates and our team.

@ = Examimer's report answered F for 15.2 and T for 17.3 -- however, appeals based on opposite answers were successful, so our answers T and F are (also) correct [comment added on 8 May].

We will discuss the differences between the Exam Committee's answers and reasoning and ours tomorrow or early next week in more detail - please feel free to already post your comments now.

Best regards, hope all of you that had a serious preparation passed this Pre-Exam and can now start preparing to sit one or more of next year's main exam papers!

Roel

-----------

Yesterday, Pre-Exam 2015 candidates received the following information from the Exam Secretariat:
  • The results of the pre-examination of the European qualifying examination 2015 will be available on the EPO website from 20 March 2015 (12:00 CET) and will remain on-line until 8 September 2015 under the following link: http://www.epo.org/patents/learning/qualifying-examination/statistics.html

    You will be able to find your results by searching in the list for your EQE Registration number (EQEReg).
    The dispatch of the result letters is foreseen for the 27 March 2015. They will be sent by registered mail. If you are not present upon delivery, please collect the letter at your post office before it is returned to the Examination Secretariat.

    Please be aware that the Examination Secretariat is unable to resend any original letters and the sending of copies will take some time. 
    Please also be informed that no information concerning results can be given over the telephone.
Surprise!!! The results came available already earlier today (20 March 2015): a bit before 11 am!

The document shows the results per EQEreg number and includes the following disclaimer:
  • Please note that we cannot accept liability for the information given. Only results as notified to you in your result letter are binding. 
    Note from the editor: unfortunately, this sentence turned out not to be an empty phrase - at some moment during the day (20 March), the results file  was replaced by another file wherein the scores were decreased by 2 marks for 346 and 1 mark for 28 candidates (out of 796 candidates that actually sat the exam, i.e., had a non-zero score) [Special thx go to to 
    Anonymous20 March 2015 at 16:01 and Rdiner20 March 2015 at 16:07 for having discovered this] - and was changed again later, back to the initial list - let's assume that that is the correct list, until other indications show otherwise.
  • Closing dates for the European qualifying examination 2016 
    The closing date for the pre-examination is 2 June 2015. 
     
    T
    he closing date for the main examination is 8 September 2015.
      
  • All relevant information will be available in OJ EPO 3/2015.

Statistics Pre-Exam 2015 

From an analysis of the published results, we conclude:
  • # candidates enrolled:  811
  • # candidates sitting:     796 (non-zero marks)
  • # candidates passing:   591 (70 or more marks): 74,25% of # candidates sitting
  • # candidates failing:     205 (below 70 marks):    25,75% of # candidates sitting
  • average score:               75,39 marks (of candidates sitting)
  • maximum score:            96 marks
Congratulations to all of you that passed!!!!

So, the pass rate is -as we expected in view of the increased difficulty level (see our "First impressions" blog)- considerable lower than in earlier years, where it was 88-90%.
(Whether there will be any corrections to the marks in view of the cardboard issue remains to be seen)

The score distribution is, in bin sizes of 5 marks and 1 marks:



Resitters

It is also interesting to see how the resitters have been doing this year:

Pre-Exam
Candidates
Failing
Resitting
Of which
Of which
Candidates
in that
in that
this
passed
failed
in:
year
year
year
now
again
2012
390
5
0
0
0
2013
643
2
1
0
1
2014
648
107
61
17 
44 

The scores obtained by resitters in this Pre-Exam compare to the scores when they sat in 2014 as shown in the following figure:


I consider the statistics quite alarming: the vast majority of the Pre-Exam candidates that failed in an earlier year, failed again this time!!! 

One aim of failing an exam is to get a wake-up call and understanding that serious studying is needed. The high number of candidates failing again seems to indicate that they did not get this. Some may have failed the first or second time for other reasons, such as illness or nerves, but it seems unlikely that that holds for such a vast majority. Why do quite some candidates not improve? Did they study hard but anyhow failed again due to the increased difficulty level of this year (as indicated at least by the lower pass rate and the lower average score)? Or did they not study harder, and did they not recognize that they need to change their way of preparation and that they need to really start studying? Neither the EPC law, nor the PCT law, let alone their application to legal as well as claims analysis questions is such that you have any chance to pass by going to the Pre-Exam without a good preparation.And there is ample possibilities to prepare well: we provide good courses and good training material for candidates that do not have the level required for the Pre-Exam.
It was multiple resitters like these in the main exam that led to the introduction of the Pre-Exam!!!
And what I considers most alarmingly -and this may sound harsh...-: the resitters of 2014 are already active as trainee patent attorneys for three years or more, otherwise they could not sit the exam - or as examiners at the EPO for four or more!

The candidate that failed in 2013 and resat this year (skipped 2014), only improved his/her score from 40 to 59 - still quite far below 70. The other candidate that failed in 2013 did sit in 2014 where he or she with 89 marks: this shows that after a first  failure (which can happen to anyone, for whatever reason), taking the wakeup call serious and preparing well can thus lead to a huge improvement - it seems that this candidate decided to better be over-prepared for the Pre-Exam (looking into the future also for D, where your legal knowledge needs to be a further level up) than to just give it a try again!

As the Exam Committee indicated, the Pre-Exam is designed to give an incentive to let candidates start studying early, and with the intention to let candidates that are well-prepared (and well on track with their preparation for the main exam the year after) pass. You can study, practice and train all of this!

Our (provisional) answers to the Legal Part of Pre-Exam 2015


Before checking your own answers with the provisional answers given below, please first check out on the blog post  First impressions of Pre-Exam 2015?  for general questions and general comments about Pre-Exam 2015 (click here for EnglishFrenchGerman version)!, and post your first impressions there. The Claims Analysis part is discussed in a separate blog post: Our (provisional) answers to the Claims Analysis Part of Pre-Exam 2015 

My provisional answers (not yet thoroughly reviewed; and subejct to any typos...) are:


Q.1:  T, F, T*, F**;
Q.2:  F, T, F, T;
Q.3:  F, T, F, T;
Q.4:  T, F, T, F;
Q.5:  F, T, F***, T****;
Q.6:  F, F, T, F;
Q.7: T, T, F, T;
Q.8: F, T, T, F;
Q.9: T, F, T, T;
Q.10: T, T
*****, F, T.

Key legal basis and/or argumentation to the answers is given below. I will double-check the answers today (Tue Feb 24) with my colleague tutors in DeltaPatents. Some comments for now:

* /** Q.1: not really a nice question to start with: 1.3 and 1.4 may have taken quite some time.
* For 1.3, I originally answered False as I did not recognize that the "change of representation" from A to B implied a termination of the authorization of Mr.A. Oops... See the discussion below: thx guys! 
*** 5.3: a bit of a tricky question, but almost the same as 4.2 of Pre-Exam 2014: an easy mark?!
**** 5.4: OJ 2013, 156, example 5, item 22; "on" in the statement.
***** 10.2: who of you ever tried?

Any different opinions are welcome! Please post your opinions as comments to this blog, so everybody can from the discussion.  Comments are welcome in any official EPO language. So, comments in German and French are also very welcome!


Please do not post your comments anonymously - it is allowed, but it makes responding more difficult and rather clumsy ("Dear Mr/Mrs/Ms Anonymous of 26-02-2014 23:59"), whereas using your real name or a pseudonym is more personal, more interesting and makes a more attractive conversation.

First impressions Pre-Exam 2015?


To all who sat the Pre-Exam 2015: 

What are your first impressions? Any general or specific comments?
Were the topics well balanced?
Was the Pre-Exam more difficult than in 2012, 2013 and 2014? 
Were the Legal Questions difficult? 
Were the Claims Analysis Questions difficult?
How many marks do you expect to have scored for the legal part, the claims analysis part and in total?
What is your expectation of the pass rate and the average score?

Was your preparation adequate?

We look forward to your comments!

Please do not post your comments anonymously - it is allowed, but it makes responding more difficult and rather clumsy ("Dear Mr/Mrs/Ms Anonymous of 27-02-2015 02:13 am"), whereas using your real name or a pseudonym is more personal, more interesting and makes a more attractive conversation.


You are invited to post your comments as to first and general impressions to the Pre-Exam as a whole to this blog as well as to any first and general impressions about the two parts (Legal; Claims Analysis) to this blogPlease post your comments as to specific questions and elements of (y)our answers  to the respective blogs where we provide our (provisional) answers:
   - Our (provisional) answers to the Legal Part of Pre-Exam 2015and
   - Our (provisional) answers  to the Claims Analysis Part of Pre-Exam 2015

Comments are welcome in any official EPO language, not just English. So, comments in German and French are also very welcome!

Copies of the Pre-Exam 2015 paper in each of the three languages are available here (linked to the EQE Compendium website): 
EnglishFrenchGerman: enjoy!!!

And hope to see all of you in one of our main exam courses: for more information (details of the courses, provisional dates, locations throughout Europe, and for paper C and D also German and French language courses for EQE 2016 preparation) refer to our Training page with links to the various courses that we provide, and feel free to contact Mieke Zonjee, our course coordinator for additional information at TRAINING -at- deltapatents -dot- com.

The DeltaPatents EQE training team


Strict rules of conduct for the exam (update)

We have now received a clear confirmation of the policy during the exam regarding electronic devices from the EQE secretariat:

Electronic devices are strictly forbidden in the examination hall, no matter if they are turned off or not.
Any candidate found with such a device in the hall is clearly breaching the regulations, and he/she might face disqualification from the exam.
The only electronic devices which may be allowed in the examination hall are medical devices that candidates need for health reasons.
We recommend that candidates leave their mobile phone at their hotels if they are travelling.
There are no cloakrooms at the examination centre, however we will provide envelopes (you will have to write your name on it) where the device can be placed and it will be put in a box.
The box will be outside of the examination hall. Neither the Examination centres nor the Examination Secretariat  will take any responsibility for loss or damage to the items stored in this box.
This is probably not the solution that you wanted, but this is becoming common practice for exams. A simple watch with an analogue dial is the only thing you can have with you.

So either leave them all at home, or in the hotel, or car, or in train station locker.

And finally: we wish all candidates good luck!!!

Count down: two weeks to the Pre-Exam

You now enter your final two weeks of Pre-Exam preparation. You will probably practice some old Pre-Exam papers to check your exam readiness and to feel confident.

When practicing using old paper, be aware of legal changes that may have an impact on the question and/or on the answer. DeltaPatents provides updated material, where questions and answers are updated to reflect the law as applicable at the coming Pre-Exam: if you use our P-book, last year's legal changes are all taken into account. If you however use the papers as on the EQE Compendium, the papers and the answers given on the Compendium website are exactly the exam papers and the answers reflecting the law that was applicable at earlier years.

There were many many changes in 2014 to the EPC as well as the PCT. They are documented in our book Basic Legal Questions for Pre-Exam and Paper D (edition May 2014) and the update to that book. Apart from the legal changes, also the Guidelines were updated per 1 November 2014 - it is this November 2014 edition that you need at the Pre-Exam 2015!

A series of changes since 1 April 2014 relates to the fee reductions for certain acts for applicants satisfying certain conditions, which effects Q.8 of the Pre-Exam 2014.

Here is our updated version of the question.

Pre-Exam 2014 - QUESTION 8  (updated)
  
Ms De Jong, a Dutch citizen resident in Berlin, filed on 4 February 2015 a European patent application EP-Z and a notice of opposition against European patent EP-Y. The mention of the grant of EP-Y was published on 24 June 2014. Both documents were filed in the Dutch language. Today is Monday 23 February 2015.

For each of the statements 8.1 – 8.4, indicate whether the statement is true or false:

8.1       Regarding EP-Y: the prescribed translation of the notice of opposition must be
filed at the latest within one month of filing of the notice of opposition.
8.2       Regarding EP-Z: the prescribed translation shall be filed within two months of
filing EP-Z.
8.3       Ms De Jong can be entitled to a reduction of the opposition fee.
8.4       Ms De Jong can be entitled to a reduction of the filing fee for EP-Z.

If you want to receive the answer to the question, please email us your answer and a brief explanation how you got to the answer, and we will send it to you a.s.a.p. Use email subject "My answer to Pre-Exam 2014 Q.8 on Pre-Exam Blog". My contact details are given here.

Good luck at the exam! 

And make sure to pass the Pre-Exam, so we can see you in one of our main exam courses, e.g., our 3-day D Methodology course that we give at various locations across Europe in autumn 2015 (English or German),  our subsequent 2-day Guided D course in December-January and/or our 4-day D Trail Run course in Eindhoven/Munich in January 2016 or one of our A, B or C Methodology and Guided Exam courses, or -if your legal knowledge was insufficient- an intensive 8-day Basic Legal course (3 blocks of 4 days EPC, 2 days substantive patent law and 2 days PCT), to which you can register via our website or using the registration forms in the brochures.