REPRESENTATION
Examination Board for the European Qualifying Examination
2. Regulation on the European Qualifying Examination (Implementing provisions under Article 12)
The Examination Board has amended point IX of the Implementing provisions under Article 12 REE (OJ EPO 1991, 88) and has added new points X, XI and XII.*
Candidates entitled to a partial resit are no longer limited to one of the next two occasions if they make use of this option. However, if a candidate again sits a full examination, the entitlement to a partial resit will be based on the results of the latest full examination sat.
A candidate who fails one or two papers in a partial resit need not, under certain circumstances, resit the whole examination but only the papers he has failed.
The new version of the Implementing provisions will enter into force on 1 January 1993 and will apply to candidates who failed the examination in 1992.
Implementing provisions under Article 12 REE
Having regard to Article 12 of the Regulation on the European Qualifying Examination for professional representatives before the European Patent Office (REE, OJ EPO 1991, 15), the Examination Board amends its instructions (OJ EPO 1991, 88) as follows, with effect from 1 January 1993.
I. Examiners (members of the Examination Committees) should remember that the purpose of the examination is to establish whether candidates are fit to practise. The "pass" mark is not intended to be an average, because the average standard may be high in some years and low in others. Examiners should mark each paper as though it were the only one in the examination, asking themselves the following question:
"On the evidence of his answer to this paper, is the candidate fit to practise as a professional representative before the European Patent Office in the field covered by the paper?"
II. Examiners should bear in mind that candidates might have written their papers in a language other than their mother tongue; faults of grammar or style are therefore not penalised. However, any text proposed as part of a patent specification or application should meet the requirements of the Convention, in particular that of Article 84 that claims be clear.
III. The papers are marked using the following grading scheme:
1 Excellent
2 Very good
3 Good
4 Pass
5 Inadequate
6 Very Inadequate
7 Fail.
IV. If the answer to the question in paragraph I above is "yes", a grade from 1 to 4 is awarded for the paper.
The purpose of grades 1 to 4 is to guide the Examination Board when a candidate is awarded grades 5 and 6 in other papers. A 1 should be awarded very sparingly, to reward an extraordinarily good performance. A 2 should be awarded for a particularly commendable performance, a 3 for a wholly satisfactory performance and a 4 for a useful performance despite some deficiencies.
V. Otherwise, the candidate has failed the paper. Depending on the extent and seriousness of the deficiencies the paper is awarded a grade 5, 6 or 7. Grade 7 means that under no circumstances can the candidate pass the examination.
VI. Details of the marks are contained in the marking sheets and may be supplemented by the assessment report of an Examination Committee in cases where the latter feels this to be appropriate. The marking sheets and assessment report are sent to all unsuccessful candidates.
VII. The rules to be applied under Article 12(2)(b) REE are as follows:
A candidate is successful if he
(a) has failed only one paper, which has been awarded a grade 5, and that grade is offset by a grade 3 or better in at least one other paper;
(b) has failed only one paper, which has been awarded a grade 6, and
(i) if that grade is in paper A or B, it is offset by a grade 3 or better in paper B or A and in at least one other paper;
(ii) if this grade is in paper C or D, it is offset by a grade 3 or better in paper D or C and in at least one other paper;
(c) has failed two papers, each of which has been awarded a grade 5, those grades being in only one of A and B and only one of C and D, and offset by a grade 3 or better in both of the remaining two papers.
VIII. A candidate is unsuccessful if he has failed one or two papers and does not qualify under point VII.
IX. A candidate who is unsuccessful in the full examination is entitled under Article 12(3) REE to resit at a subsequent examination only the papers he has failed if he
(a) has failed only one paper, which has been awarded a grade 5 or 6, and the total of grades awarded is not more than 17; or
(b) has failed two papers, each of which has been awarded a grade 5, and the total of grades awarded is not more than 17.
X. Where in a partial resit a candidate still fails one or two papers, a further partial resit is allowed where the combination of grades awarded in those failed papers and in the papers passed in the full examination and, where applicable, in a partial resit subsequent to that full examination, is at least such that a partial resit would have been allowed under IX.
XI. A candidate resitting a full examination thereby gives up any previous entitlement to a partial resit.
XII. In the case of partial resits, a candidate will only pass the examination if a grade 4 or better has been awarded in each paper.