Pre-Exam 2024 - our answers to the claims analysis questions (part 3 & part 4)

This year's claims analysis part 3 was about electronic cigarettes while part 4 was about a Product X for use in treating infectious diseases.

Our answers to both claims part are given below. We have numbered the questions and statements for easy reference in the discussion.

ChatGTP-4's attempt at parts 3 & 4 of the Pre-Exam 2023

We also let ChatGPT provide answers to parts 3 & 4 of the Pre-Exam.

Some practical difficulties were that only plain text could be entered, which means that in part 3, the figures couldn't be provided, and that the underlining when indicating amendments was not present.

If one would consider our answers (see seperate posts, which are not necessarily correct!!) as the intended solution and applied the Pre-Exam's marking scheme (all correct: 5 points, 1 wrong: 3 points, etc), ChatGTP achieved 16/50 points which is well below the required passing grade of 35 (normalized from 70 for the entire exam to 35 for parts 3 & 4) and rather a score associated with mere guessing.

Generally speaking, ChatGPT seems to be able to answer basic novelty and scope questions reasonably well but fails at more specific topics such as ranges. Also, ChatGPT appearantly disagrees with the EPO's relatively strict approach to Art. 123(2) and considers most of the amendments as supported. Perhaps this reveals ChatGTP's US-origin?

See below for ChatGPT's answers and short reasoning (red marked where ChatGPT's answer deviated from ours):

Pre-Exam 2023 (part 4): erasable inks - our answers

The second claims part was about erasable inks.

“This invention provides erasable inks that provide good writing performance when used in writing instruments such as pens. The erasable inks are water-based inks that have a short "waiting time", i.e. inks that can be erased soon after they are applied on a surface made, for instance, of paper. Because the water-based inks are based on using water as a solvent rather than on using other solvents, the erasable inks of the invention are relatively non-toxic and odour-free.” [002] of the description of the client’s application)

Our answers to this second claims analysis part are given below. We have numbered the questions and statements for easy reference in the discussion.

Pre-Exam 2023 (part 3): cleaning utensils - our answers

The first claims part was about cleaning utensils, in particular cleaning cloths.

Our answers to this first claims analysis part are given below. We have numbered the questions and statements for easy reference in the discussion.

Pre-Exam 2022: our answers to the claims analysis questions

The first claims part was about yoga mats and textile bags for completely covering and for transporting yoga mats. The second claims part was about sethod for preserving wine, or -more general- alcoholic beverages, in a bottle.

As in the legal part, when you check your answers with ours, note that the order of the statements within a question may be different!

Please feel invited to comment!

During the exam, candidates had access to the EPO Legal Text pages, so including the full EPC Articles and Rules, Guidelines, GL/PCT-EPO, National Law Tables, Case Law, and the Euro-PCT Guide (HTML versions), but not to the PCT Legal Texts on www.wipo.int/pct/en. Access was to the live versions, so to the versions in force on 18 March 2022 (so not the version of 31.10.2021 acc REE/IPEE).

Candidates could access the exam in all languages, English, French and German.

The exam had a mix of common and less-common claims analysis topics.

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 18-03-2022 22:23"), whereas using your real name or a nickname is more personal, more interesting and makes a more attractive conversation. You do not need to log in or make an account - it is OK to just put your (nick) name at the end of your post.

Note: the legal part is discussed in our other blog post: here

First impressions and general comments can be posted here.

Pre-Exam 2021 - claims analysis part: our answers

As in the legal part, when you check your answers with ours, note that the order of the statements within a question may be different!

Please feel invited to comment!

Note: the legal part is discussed in our other blog post: here
First impressions and general comments can be posted here.

[Update 4 March 2021 7:15:] We have compiled a version of the paper, in English; it is available hereIn our version, the sequence of the questions and statements corresponds to the order as was presented to some candidates; other candidates obtained the questions (in the legal parts) and the statements within a question (in the legal parts as well as in the claims analysis parts) in different order. The sequence/numbering of the questions in our version of the paper corresponds to that used in this blog post.

Our claims analysis answers are given below.

[Update 2 April 2021 8:45:] 
The Examiner's Report was published yesterday on the EQE website (Compendium); all our answers to Q.11-Q.20 correspond to the answers in the Examiner's Report, possibly except 12.3. No statements were neutralized in the claims analysis part, except possibly 12.3 (see below).

[Update 7 April 2021, 8:30:]
The Examiner's Report on the Compendium pages has been updated: the answer given in the updated version of the Examiner's Report to 12.3 (12.4 in the Examiner's Report) is FALSE.

[Update 8 Feb 2022:]
Today, decision D 2/21 was published. The Disciplinary Board of Appeal reasoned:
"17. For the above reasons, the answer "False" cannot be considered to be the only correct answer that can be given to statement 12.4 [corresponding to 12.3 in the version on this blog] when taking an informed and objective view or interpretation of the wording of the facts underlying the pre-examination question 12 and the statement 12.4. As a consequence, the question of whether or not statement 12.4 is correct cannot be answered with either "True" or "False" as required by a "multiple-choice" question in the pre-examination."


Pre-Exam 2019: our answers to the claims analysis part - washing compositions and composite structures

The cases

The claims analysis part started with an invention relating to a washing composition in the form of a tablet, described in a 1-page description. The washing composition comprises one or more detergents (surface active agents), one or more builders (help to keep the water soft), one or more bleaches (to destroy coloured dirt components), and, optionally a colourant. Ranges of amounts of the various components were given. The components are contained in separate layers: a first layer (all detergents), a second layer (all bleaches), and preferably a third layer in between those (preferably comprising only a builder). The application had no drawings.
A first claim set of 1 independent claim and 8 dependent claims (some of them multiple-dependent) was to be considered for questions 11 to 14. Two very brief documents D1 and D2 were given and expected to be used as prior art documents. 
D1 described two embodiments of washing tablets including, as usual, a detergent, a builder and a bleach; in the first embodiment, all ingredients are mixed together and compressed to form a tablet; in a second embodiment, the mixture is divided into two separate parts, forming two layers of the tablet. D2 proposes a washing tablets comprising three layers: a first layer with a builder and a bleach, a second comprising a builder and a detergent, and a third comprising a builder and a colourant.
Questions 11-14 were directed to clarity, scope, novelty, and extension of subject-matter. 
For question 15, a different independent claim was presented, and several inventive step-related statements were tested.

Pre-Exam 2018: our answers to the claims analysis questions

Claims analysis part of the Pre-Exam 2018 (paper available here: English, French, and German) was addressing jugs with replaceable filter cartridges.

Pre-Exam 2017: our answers to the toothbrush questions (claims analysis part)


The claims analysis part of the Pre-Exam 2017 (paper here: English, French and German) was about toothbrushes for human use.

The client's application described that a drawback of known toothbrushes is that the users need to be trained by dentists in order to achieve optimum dental plaque removal. Remaining dental plaque can give rise to dental caries, which is highly undesirable.
The invention is presented as being based on the surprising finding that the amount of dental plague removal can be increased by transmitting additional vibrations to the bristles of the toothbrush, generated by an electric vibrator inside the brush body, preferably in the handle together with a controller and a battery. The controller acts as a switching device for selectively supplying electric energy from the battery to an electrically operated element, because the controller connects and disconnects the vibrator from the battery.
Four embodiments are described and shown in four figures. In some embodiments, the controller uses a push button to turn on&off the vibrations; in other embodiments, a pressure sensor in the bristle zone is used. Some embodiments have a replaceable brush and a connection section to connect it to the handle. A LED can be incorporated to emphasize the technical character, which makes users think that the toothbrush has a higher cleaning efficiency.
The toothbrushes must have a length of less than 30 cm, or between 18 and 25 cm when having a replaceable brush head for ergonomic reasons.

Pre-Exam 2016: results

The Pre-Exam 2016 answers and results were published ion the EPO EQE website earlier this evening.

The answers match the answers given in our earlier blogs for the legal part as well as for the claims analysis part:

1:  F T T T
2:  F F F F
3:  F F T T
4:  T T F T
5:  T T F F
6:  T T F F  
7:  T F F T
8:  T T F F
9:  T F T T
10: T F T T

11:  F T T F
12:  T F T F
13:  T T T F
14:  F F F T
15:  F F T F
16:  F F F T
17:  T F F F
18:  F T F T
19:  T F F F
20:  T F F T

792 candidates enrolled for the pre-exam, 763 candidates sat the exam (29 0-scores).

169 candidates scored between 1 and 69 marks and failed: 22% of all sitters, 25% of all who enrolled.
594 candidates scored between 70 and 100 marks and passed: 78% of all sitters, 75% of all who enrolled.

No candidate scored 100 marks, 4 scored 98, 15 scored 96, 144 (19%) scored 90 or higher.

137 out of 220 candidates that failed in 2015 have been resitting this year: 68 passed and 69 failed again.
32 candidates that failed in 2014 have been resitting this year: 12 passed and 20 failed again.
1 candidate that failed in 2013 (and 2015) has been resitting this year, and failed again.

The score distribution (5 marks bin width, labelled by their upper values) for all candidates is:


The score distribution for the 2015-resitters is:



The 2016 score of the 137 2015-resitters compares to their 2015 score as follows:






Pre-Exam 2016: our (provisional) answers to the claims analysis part


Before checking your own answers with the provisional answers given below, please first check out on the blog post  First impressions of Pre-Exam 2016? for general questions and general comments about the Pre-Exam 2016 (English, French and German), and post your first impressions there. The Legal part is discussed in a separate blog post.

Our preliminary answers to the claims analysis part (not thoroughly reviewed, subject to typo's) are:

Q11  F, T, T, F
Q12  T, F, T, F
Q13  T, T, T, F
Q14  F, F, F, T
Q15  F, F, T(*), F
Q16  F, F, F, T
Q17  T, F, F, F
Q18  F, T, F, T(**)
Q19  T, F, F, F
Q20  T, F, F, T

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!

(** Update: although we remain divided on 18.4 we now lean towards 'True'  in view of the comments, so we have switched our answers in our 'preliminary answers')

Nico, Roel.

See onwards for our short comment on each answer.

Pre-Exam 2016: First impressions?


To all who sat the Pre-Exam today:

What are your first impressions to this year's Pre-Exam? Any general or specific comments?

Were the legal topics well balanced?
Were the various aspects of claims analysis well balanced?
Was the balance between EPC and PCT right for you?
Which of the legal questions did you consider particularly difficult, and which relatively 'easy'?
How much time did you allocate for the legal questions, how much for the claims analysis part? Did you deviate from our original plan (for example, took more time for the legal questions than planned)?
Which part did you do first, the legal part or the claims analysis?
How many marks do you expect to have scored in the legal part, in the claims analysis, and for the whole
What is your expectation of the pass rate and the average score?
 paper?
How did this year's paper compare to the earlier pre-exams of 2012-2015 (assuming your practiced those) w.r.t. the pre-exam as a whole, w.r.t. the legal part and w.r.t. the claims analysis part?

The paper and our answers

Copies of the paper will be provided on this blog as soon as we have received copies of the papers, in all three languages here (English, French and German).

The core of our answers will be given as soon as possible in two separate blog posts:one for the legal questions and the another post for the claims analysis part.

We look forward to your comments!

Comments are welcome in any official EPO language, not just English. 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 13-13-2015 13:13"), whereas using your real name or a pseudonym is more personal, more interesting and makes a more attractive conversation. You do not need to log in or make an account - it is OK to just put your (nick) name at the end of your post.

Please post your comments as to first impressions and general remarks to the Pre-Exam paper as a whole, and to the two parts (legal part and claims analysis) as whole parts to this blog.
Please post substantial questions to specific legal questions to our post with our answers (available here) and claims analysis related questions to our post for that part (available here). Thanks!

Roel, Nico, Pete, Jelle, Gregory; 29/2/2016

Pre-exam 2013: our answer to the claims analysis questions

As with the Pre-Exam 2012, some of the claims analysis questions led to some discussion between different tutors.

For two statements (12.3 and 20.4) - indicated with question marks below), we can argue either way. For these statements, we give the answer that we think was expected by the exam committee and our comments.

Our answers to the claims analysis questions of Pre-Exam 2013:

11: T, T, T, F;
12: F, F, ?T?, F;
13: T, T, F, F;
14: T, F, T, T;
15: T, T, T, T;
16: F, T, F, F;
17: T, F, F, T;
18: T, T, F, T;
19: F, T, T, T;
20: F, F, F, ?F?

Detailed remarks (click "read more"):

Pre-Exam 2013 paper available

A copy of yesterday's Pre-Exam 2013 can be found on the Deltapatents website via IP Courses --> EQE Pre-Exam --> right-side column: link to "EXAM PAPER PRE-EXAMINATION EQE 2013"
(http://www.deltapatents.com/en/ip_courses/eqe_preexam/)

Enjoy!

Our answers to the questions will be posted asap.