REPRESENTATION
Examination Board for the European Qualifying Examination
Notice regarding the European qualifying examination 2008
1. The European Patent Convention 2000 (EPC 2000) has been ratified by a sufficient number of states to bring it into force on 13 December 2007 at the latest. The question has been raised whether the changes brought about by the introduction of EPC 2000 will be subject of the European qualifying examination in 2008. As the decision on this topic rests solely with the Examination Board, the latter considered very carefully the question after having taken fully into account representations made to it by the various interested circles. The Examination Board has decided that the European qualifying examination 2008 will be based on the law and practice that exist on 31 December 2007. The purpose of this notice is to inform the public of its decision, which is based on the following considerations.
2. The EPC 2000 and a first set of Implementing Regulations to the European Patent Convention have been known for a number of years now. The Examination Board is well aware that several amendments to this first set of Implementing Regulations have not yet been made public nor is it likely that they will be adopted by the Administrative Council until the end of this year. However, the final set of Implementing Regulations will be available for inclusion in courses in 2007, so that there should be time to provide the necessary instruction prior to the 2008 examination.
Also, in taking its decision the Examination Board has very much borne in mind the overriding necessity to ensure that successful candidates are qualified as being fit to practice as a professional representative before the European Patent Office and in this sense it should not be forgotten that, as from 13 December 2007, all professional representatives will have to be familiar with the provisions of EPC 2000 in order properly to advise and represent their clients.
Due to the fact that board of appeal case law relating to the new procedures under the EPC 2000, if any, will be very limited, and that many provisions remain unamended in substance, the Examination Board believes that the additional burden for candidates remains within reasonable limits.
3. Thus, when preparing for the 2008 examination, candidates should familiarise themselves with the provisions of EPC 2000, the accompanying Implementing Regulations and the Transitional Provisions.
4. For the sake of completeness, it is hereby confirmed that the examination in 2007 will be based entirely on the provisions of the EPC in force at the end of 2006, so that no questions relating to EPC 2000 will be included.