How to prepare for Paper M3 - Part 2 (Guest post by Maryna Welsch)
If I were preparing for M3 Part 2 of the EQE 2027, these are the things I would do:
1. Consistency
Even though the analysis part is supposed to be shorter and perhaps more straightforward, you still need to properly analyse the paper to decide what to amend and how to argue.
I would again suggest to consistently use a system that works for you and checking each step of your methodology and sticking to it. I prefer colours, for example: I mark clients' wishes in yellow, problems, advantages or disadvantages in green, and technical effects in blue.
When you are under stress, these colour spots will help guide you to the point you are looking for faster, either in the paper or in your reply.
Under stress, we tend to become more chaotic. If you have been training with the same system over and over again, it will become more automatic. You will jump less from paragraph to paragraph looking for what you need to do.
2. Practise under realistic conditions
Like for the other M3 parts, I would also try to create the same conditions during my preparation as I will have during the exam.
When practising on your PC, forget about having two screens and multiple tabs open. That is not how WISEflow works.
You can, for example, have your answer in Word and the exam paper in PDF, but otherwise, try to keep the setup as close as possible to the real exam.
And don't forget: when both are open at the same time, you cannot copy from your exam PDF or see your highlights in the exam PDF next to your answer ;)
Unfortunately, in EQE 2027, you cannot print any documents. So it might be important to think about how you will understand the invention by looking at the figures on your screen.
3. Get used to the wording of the exam
I would practise with past papers, even though they do not fully reflect the new Part 2. The knowledge and skills tested remain very similar.
The scenarios might be different. Since the “defence” can now involve not only a communication from the EPO but also an appeal against an examination decision (see the EPO mock paper), an opposition, a TPO or even PCT-related scenarios, you need to be prepared for different situations.
The biggest change concerns scenarios involving granted claims. After grant, you also have to consider the scope of the granted patent. The claims should not extend beyond the scope of the patent as granted, so you also need to address this in your arguments concerning amendments.
Considering all this, I find the following papers quite useful for practising, based on the different topics they cover:
2021 – novelty, special documents and special subject-matter objections, amendments.
2024 – Inventive step, choosing the closest prior art and formulating the objective technical problem.
2018 – Amendments, result to be achieved
2026 – I would check at least the aspects of unity 😉
If you are not a native speaker, get yourself a dictionary and use it already during your preparation. I asked my parents to buy and send me one, but maybe searching for one at your public library could also be an option ;)
Do not get used to relying on Google or AI for translations, as those will not be with you during the exam.
4. Prepare yourself for new scenarios
Think about all the possible “defence” scenarios in Part 2 and how your evaluation will change depending on the stage you are dealing with.
So, what if it is no longer a reply to an official communication but a reply in opposition? Would you be able to change a claim category if the cited prior art is novelty destroying? When can clarity be tested? What is no longer a ground of opposition?
What if it is a TPO in the PCT phase? Can clarity still be objected to? Is the oral disclosure applicable?
Think about these questions and how your approach would change depending on the scenario. Think about where you are on the procedural timeline are and what can be done in this case.
5. Dedicate sufficient time to practising inventive step
Inventive step can still be a very important part that is tested in the Part 2, so it’s important to practise writing each part of the problem solution approach.
Use past papers to practise identifying the closest prior art. Do not forget that you also need to provide arguments explaining why one document is the closest prior art and another one is not. I would really recommend to looking at paper B2024 😉
6. Time, time, time!
Part 2 this year will be “only” 2 hours and 20 minutes, but you still need to keep an eye on the time.
Decide when your point of no return is. You need to decide when to stop evaluating and start writing your arguments, as this part would still likely (judging by the EPO mock paper) will give you the most points.
So, actually noting down how fast you can write an inventive-step analysis and address other objections and amendments will be helpful.
After you have practised the past papers, I would definitely do the M3 mock paper from the EPO under real exam conditions.
This is where you can see whether all the little things you have practised actually work when you have to do everything within the time available.
Also, after each paper, make sure you carefully study the Examiner's Report.
I would also make a few notes after each paper on what you learned, what surprised you, or anything you want to remember before the exam. These notes will be really useful for your final revision.
7. Find people to practise with
If you are exposed to the practical points tested in the papers through your daily work, that is great. However, if you lack this daily exposure, or if you are generally looking for people to practise with, finding a study group can be a great benefit.
You will understand that you are not alone in this. Others are struggling, too, and they might have a different perspective from which you can benefit.
So, if you can find people who are going through the same struggle, do it!
I have seen at least one group created for this purpose: https://www.linkedin.com/groups/26390090/
But I am sure there could be more.
It always feels nice to discuss the papers you practised with someone else and realise that it is not just you who had absolutely no idea how the model solution ended up to looking like that 😊
If you need more help, or have very limited time and want to practise many different scenarios without having to work through all of these papers yourself, there are still a few places left in the Fillun M3 Part 2 study group.
For more details, check: https://www.fillun.com/m3-study-group
Maryna Welsch