How to prepare for the new EQE exams?
Now that the results are out, you might be wondering about how to prepare for the new EQE exams. I thought it could be helpful to share how I would prepare for the new EQE exams as a candidate.
(The text below has also been added to the main Paper F, Paper M1, Paper M2, Paper M3 and Paper M4 sites.)
Paper F
Part 1 (Legal part)
Even though the Paper F exam has a lower difficulty level than the Pre-exam, it can still test anything from the EPC and the PCT. This means that candidates have to study a lot and make sure they cover the syllabus during their preparation (especially the EPC and the PCT). Of course, it's possible to do this by reading the complete Guidelines and the PCT Applicant's Guide, but a more fun way to learn is by answering legal questions (e.g. using the DeltaPatents Basic Legal Questions ("L") book). After you have learnt the basics, you can test your legal knowledge under time pressure, for example by answering the legal parts of past Pre-exams and the quiz part of the EPAC exams.
In my opinion, you should aim to answer at least 1-2 legal questions every single day (or at least on weekdays) until the EQE, from September (please enjoy your summer until then 🏖️). Regular practice is much more effective (for most people) than trying to study everything in a few long sessions. When you first start answering questions, there is no need to work under time pressure. Take your time, read the corresponding sections in your reference books, and make sure you actually understand the issue at hand. After you have answered a question, don't forget to review your answers and take notes on your mistakes. Review your notes regularly so that you don't repeat the same mistakes. During your preparation, also practise finding the relevant provisions quickly in your reference materials.
If you're looking for an inexpensive but helpful course, check out the EPO Paper F course. Of course, you are also welcome to join our Paper F study group, but it is only offered to one small group (max. 15 people) of dedicated candidates who are willing to show up every week over a six-month period and do the homework too.
Part 2 (Claims analysis)
For Part 2 of Paper F, before starting claims analysis exercises, I recommend learning about the legal topics of patentability, novelty, inventive step, amendments, and clarity. Afterwards, you can check out the mock Paper F and past Paper F exams on the EPO's website. In addition to these, you can practise with past claims analysis exercises from the old Pre-exams. However, keep in mind that some of the Pre-exam claims analysis exercises are much more difficult.
Paper M1
Part 1
Part 1 is the most similar to the claims analysis part of the old Pre-exams. However, there are also quite a few differences. M1 is definitely more complex (although not necessarily more difficult) because it tests more skills.
Typically, the following legal topics are tested in this part: novelty, inventive step, amendments, claim types, unity, clarity, priority, basic knowledge of infringement, and the scope of claims. Therefore, I highly recommend studying these topics by reading the relevant Guidelines sections and/or answering questions from the DeltaPatents Main Exam Questions book. After you have the necessary legal foundation, you can check out the mock M1, past M1 exam(s), and a few Pre-exam claims analysis exercises.
Part 2
Part 2 is the most similar to the old Paper B. That being said, Part 2 of the M1 exam is much simpler and shorter than the old Paper B exams. The invention is easier to understand, there are fewer claims, and the prior art documents are also very short.
The legal topics tested in this part are basically the same as in Part 1. The most important topics are definitely novelty, inventive step, and amendments. They can also test smaller topics like unity and clarity, but novelty, inventive step, and amendments will likely account for about 70-80% of the marks. You're also expected to have a basic knowledge of infringement and the scope of claims. This means that you will need the same legal foundation for Part 2 as for Part 1.
After you have the necessary legal foundation, you can practise on old Paper B exams, but you don't have to worry about solving full Paper B exams under time pressure. Instead, focus on understanding the invention, identifying the relevant differences over the prior art, and choosing appropriate amendments.
However, it's very important that you always read the Examiners' Reports to understand what candidates were expected to do. They often explain why certain amendments or arguments are better than others, so they are an important part of your preparation.
If you are looking for an M1 course, we're offering two options:
👩🏫 Live online M1 course with Khushbu Solanki. This course will run in October-November, with meetings on six consecutive Friday mornings. You can find more details about this course here.
⏯️ Self-paced M1 course. My pre-recorded M1 online course includes eight videos and was already finished last week, but I decided to re-record one video because of the new rule about no printing. This course will very soon be available in the EQE shop, available to purchase with or without a mock M1 exam that we are also finalising this week.
Paper M2
I noticed that there is a much bigger gap between Paper F and M2 than between Paper F and M1. Paper M2 was significantly more difficult than the legal part of Paper F. Unlike Paper F, M2 often requires you to apply several legal provisions together instead of simply identifying the correct rule.
When it comes to Paper M2 preparation, unfortunately there are no magic tricks. Start studying and practising as much as possible. You have to make sure you cover the exam syllabus before the exam, especially the EPC, the PCT, and the relevant G decisions (tip: you can find the most important G decisions among the freely downloadable here).
However, you don't have to know everything by heart. You just have to be able to find the answer quickly in your reference books.
One way of studying is by reading. A more fun way (at least for me) is by answering legal questions. For example, you can answer 1-2 legal questions every day (or at least on weekdays) until the EQE. You don't have to do them under time pressure, but take your time, read the corresponding sections in your reference books, and actually understand the issue at hand. After you have answered a question, don't forget to correct your answer and take notes on your mistakes. Review your notes regularly so that you don't repeat the same mistakes. During your preparation, also practise finding the relevant provisions quickly in your reference materials.
Luckily, there are plenty of legal questions available, such as past EPAC exams (and the mock EPAC), past Pre-exam questions, past Paper D/M2 exams, EPO Daily D questions, Paper F brain-teasers, and the DeltaPatents books (Basic Legal Questions and Main Exam Questions for Paper M2). There are hundreds of questions that you can use.
Don't just try to find the correct answer. Make sure you understand why the correct answer is right and why the other options are wrong. This will help you apply the law to new situations in the exam.
As you get closer to the exam, you can start answering questions under time pressure and within the WISEflow environment.
If you cannot motivate yourself over a long period of time or feel like you need a tutor who can answer your legal questions, you are welcome to join our study groups! Of course, if you don't have the budget for such a course, you can also create your own study group with colleagues to keep yourself accountable.
Paper M3
Paper M3 combines the skills that were previously tested in the old Papers A, B and C. Therefore, the best preparation is to practise a mixture of old A, B and C exams. However, please keep in mind that the new M3 exam is not limited to exactly the same scenarios. For example, instead of drafting an opposition, you may have to write third-party observations (it can even be PCT third party observations…), and instead of defending an application during examination, you may have to draft an appeal. Therefore, in addition to doing old A, B and C exams, you will also have to review the relevant Guidelines sections (and PCT…) to make sure you understand all the related legal topics (such as appeal, interlocutory revision, third party observations).
Please make sure you always read the Examiners' Report after completing a past paper to understand what candidates were expected to do. The reports also explain why certain arguments or amendments are stronger than others, making them an important part of your preparation.
Part 1
Part 1 is the most similar to the old Paper A. Actually, other than the length, part 1 will be quite similar to Paper A, so you can safely practice with past Paper A exams. Please keep in mind that the Paper A exam changed in 2017, so maybe it’s best to use the Paper A exams from 2017.
Part 2
Part 2 is based on the skills that were tested in the old Paper B. However, you should not expect exactly the same type of exercise. The task is to explain why the application (or patent) complies with the EPC (or PCT…) and (where necessary) amend the claims accordingly.
Most of the focus will still be on novelty, inventive step (applying problem-solution approach) and Art. 123(2) EPC (providing basis for amendments and arguing why they are allowable), so if you’re confident in these topics, you’ll do just fine! I believe you can safely practice with past Paper B exams, since these will teach you the most important things about these most important legal topics, and you can also practice how to find a suitable amendment, and how to argue.
Please keep in mind that the Paper B exam also changed in 2017, so maybe it’s best to use the Paper B exams from 2017.
Part 3
Part 3 is based on the skills that were tested in the old Paper C. However, just like Part 2, the actual task may be different. For example, instead of drafting a notice of opposition, you may have to prepare third-party observations (EPC or PCT). For this reason, it’s important that you also revise other legal topics such as Art. 82, Art. 84 and R. 43(2) EPC by reading the related Guidelines sections. Another important topic I recommend reviewing is priority, including the effective date.
Most of the focus will still be on novelty, inventive step (applying problem-solution approach) and added matter, but they can also test further legal issues, just like in the EPO mock M3 part 3.
Even though Part 3 will be different from the old Paper C exams, there is still no better way to practise than by doing those exams. Luckily, the Paper C exams have not changed, so you can use any of them to practise attacking. With the old Paper C exams, you can become confident in the most important topics for Part 3.
Paper M4
Compared to M2, M4 is a very different type of exam. While M2 mainly tests your ability to answer legal questions, M4 requires you to analyse a complete patent situation based on a timeline of applications, priorities, and events. This means that you need both a good legal foundation and a good methodology for solving the exam.
The legal topics you need to know are basically the same as for M2. Therefore, you should make sure you understand the EPC, the PCT, and the relevant G decisions. However, you don't have to know everything by heart. You just have to be able to find the relevant information quickly in your reference books. During your preparation, practise finding the relevant provisions and decisions efficiently, because time management is very important in the exam.
Practise past D2 exams
During your M4 preparation, it is very important that you practise as many past D2 exams as possible, since each of them covers different legal aspects. Each past D2 exam usually covers around four legal topics (such as divisional applications, missing parts, partial priority, entitlement, reformatio in peius, sufficient disclosure, etc.).
I recommend starting doing previous D2 exams early, and not leaving them until January or February (unless you are sitting M2 and M4 in the same year and, due to limited time, you first want to improve your legal knowledge by preparing for M2).
However, regardless of how early you start preparing, there might still be things in the exam that you do not know. Do not worry, you can still pass!
Similarly to M2, write out every step and do not just give short conclusions. For example, writing "priority is not valid" is not enough for full marks. You are expected to explain why the priority is not valid.
In M4, no legal basis needs to be cited (yaaay!). You can use the same reference books and online materials from WISEflow that you use (or used) for the M2 exam.
Use a good timeline or table
For M4, you will definitely need a good timeline or table to have an overview of the applications, patents, and their relationship. If you have a clear overview, it will be relatively simple to get the points for the first part of the exam, i.e. the as-is situation analysis.
As you probably know, handwritten notes cannot be filed as part of your answer. Therefore, even if you use a timeline or table, you cannot submit it as part of your answer. You will have to create it with pencil on paper and type your answer electronically.
Alternatively, you can create a table in the WISEflow editor if that is more convenient for you. For some candidates, this works quickly, but most of my candidates find the paper version better and quicker to use.
If you don’t have the budget to join a course or one of our Paper M4 study groups, you can also check out the freely available materials, for example my old blog post with a possible D2 methodology here and my template here.
Good luck with your exam preparation!