REPRESENTATION
European qualifying examination
Decision of the Examination Board of 28 April 1998
Implementing provisions to the Regulation on the European qualifying examination
THE EXAMINATION BOARD,
Having regard to the Regulation on the European qualifying examination for professional representatives of 9 December 1993 (OJ EPO 1994, 7), and in particular Article 7, paragraph 6, and Article 16 thereof,
HAS DECIDED AS FOLLOWS:
Rule 1
The list of landmark decisions, which the examination committees shall draw up in accordance with Article 8(d) REE and which shall be applicable to the examination of the subsequent year, shall be presented to the Examination Board no later than at its last meeting before the examination of the current year in order to allow for its publication approximately 12 months prior to the examination to which it shall apply.
Rule 2
The first module as mentioned in Article 14(1) REE shall consist of papers A and B and the second module of papers C and D.
Rule 3
Members of the examination committees shall bear in mind that candidates may have written their papers in a language other than their mother tongue. Faults of grammar or style shall therefore not be penalised. However, any text proposed as part of a patent specification or application should meet the requirements of the European Patent Convention, in particular Article 84 regarding the clarity of claims.
Rule 4
(1) Each answer paper shall be marked on a scale of zero to 100 by the relevant examination committee.
(2) A mark of 50 or more shall be awarded where, on the merits of that paper alone, a candidate can be considered fit to practise as a professional representative before the European Patent Office. The grade "PASS" shall be awarded for that paper.
(3) Fewer than 50 marks shall be awarded where, on the merits of that paper alone, a candidate cannot be considered fit to practise as a professional representative. Subject to paragraph 4, the grade "FAIL" shall be awarded for that paper.
(4) Where a mark of at least 45 but less than 50 is awarded to a paper of a candidate sitting the examination for the first time, he can be considered fit to practise as a professional representative provided that he satisfies the conditions laid down in Rule 5. The grade "COMPENSABLE FAIL" shall be awarded for that paper. However, if the candidate is not declared to have passed the examination under Rule 5 at the first sitting, the paper must be resat.
Rule 5
Subject to Article 17(2) REE, a candidate who sits the examination for the first time shall be declared to have passed it if, but only if, he satisfies all of the following conditions:
(1) he has not been awarded a "FAIL" grade in any of the examination papers, and
(2) for the purposes of the minimum grades to pass, his total aggregate mark in the four papers is at least 200, and
(3) he has been awarded a "PASS" grade in at least two papers.
Rule 6
(1) Details of the marking shall be contained on the marking sheets filled in by the persons who marked the paper.
(2) Subject to paragraph 3, the answers and marking sheets are sent to all unsuccessful candidates.
(3) Candidates who have sat the examination in modules as mentioned in Article 14(1) REE shall, before sitting the second module, be informed only of the grades awarded in the first module. However, where such a candidate either chooses to sit the first module again pursuant to Article 14(1), last sentence, REE, or has been awarded a grade "FAIL" in each of papers A and B, paragraph 2 shall apply mutatis mutandis.
Rule 7
After the first sitting of the examination under the Regulation on the European qualifying examination as adopted on 9 December 1993, an unsuccessful candidate may at a later examination only resit one or more of the papers he has failed.
Rule 8
(1) Article 18 REE shall apply to candidates who fail the examination in 1994 and subsequent years. Candidates who had a right to a partial resit applicable in 1993 or who failed the examination in 1993 may, at their first subsequent attempt at the examination, avail themselves of Article 18 REE or choose to resit the examination in full; Rule 5 shall apply to this full resit.
(2) Article 18 REE shall not apply to candidates who failed the examination in 1992 and earlier years and have no right to a partial resit applicable in 1993. These candidates will have to resit the examination in full; Rule 5 shall apply to this full resit.
(3) For application of Article 18 REE, only the results obtained at the last attempt at the paper or papers concerned shall be taken into consideration.
Rule 9
(1) Where, on 1 July 1998, a candidate has already sat the first module of the examination pursuant to Article 14(1) REE but not the second module, that candidate shall benefit from either these Implementing provisions or the Implementing provisions adopted by the Examination Board on 19 May 1994 (OJ EPO 1994, 595) and last amended on 25 April 1995 (OJ EPO 1995, 652) whichever are more favourable.The same Implementing provisions shall be applied to both modules of the examination.
(2) For the purposes of paragraph 1, the following procedure shall be followed:
(a) where these Implementing provisions are applied to the first module, the mark out of 48 awarded by the examination committee for each of papers A and B shall be multiplied by a factor of 25/12. The resulting figure produced for each paper shall then be treated as a mark out of 100 under Rule 4(1) above;
(b) where the Implementing provisions adopted on 19 May 1994 and last amended on 25 April 1995 are applied to the second module, grades shall be awarded as follows:
(i) a grade 1 where more than 80 marks are awarded for that paper,
(ii) a grade 2 where at least 70 marks but not more than 80 are awarded for that paper,
(iii) a grade 3 where at least 60 marks but not more than 69 are awarded for that paper,
(iv) a grade 4 where at least 50 marks but not more than 59 marks are awarded for that paper,
(v) a grade 5 where at least 36 marks but not more than 49 are awarded for that paper,
(vi) a grade 6 where at least 26 marks but not more than 35 are awarded for that paper, and
(vii) a grade 7 where not more than 25 marks are awarded for that paper.
Rule 10
These Implementing provisions:
(1) shall enter into force on 1 July 1998, and
(2) replace the Implementing provisions as adopted on 19 May 1994 and last amended on 25 April 1995, and shall apply to the European qualifying examination to be held in 1999 and all subsequent years.
Done at Munich, 28 April 1998.
For the Examination Board
The Chairman
Michael VIVIAN