REPRESENTATION
European qualifying examination
Announcement of the European qualifying examination 2012 pre-examination and main examination
I. General
The current Regulation on the European qualifying examination (REE) in force as from 1 January 2009 and the Implementing provisions to the REE (IPREE) in force as from 1 April 2010 (Supplement to OJ EPO 3/2011) are available on the website of the European qualifying examination (www.epo.org/eqe). The provisions of the REE and IPREE apply equally to the new pre-examination.
The examination consisting of four papers - A, B, C and D - will be referred to as "the main examination".
Candidates are advised that they must use the enrolment forms provided on the European qualifying examination (EQE) website (www.epo.org/eqe).
- Form 51016 is for use by candidates wishing to enrol for the pre-examination.
- Form 51014 is for use by candidates wishing to register and enrol for the main examination for the first time (Article 25(4)(b) REE).
- Form 51015 is for use by candidates already admitted to the main examination in previous years (Article 25(4)(a) REE) (irrespective of whether they sat the examination or withdrew their application).
- Form 51017 is for use by candidates as a certificate attesting the required period of training or employment (Article 11(2)(a) REE or Article 11(7) REE)
All forms should be addressed to the European Patent Office, Examination Secretariat for the European qualifying examination, 80298 Munich, Germany.
Candidates are reminded that matters relating to the EQE are of a personal nature and that enrolment, registration and the payment of fees should not be entrusted to third parties. It is the responsibility of individual candidates to ensure that their complete applications, including payment details, are received in due time.
1. Dates of the pre-examination and the main examination
To ensure a smooth enrolment procedure for the EQE 2012, candidates are reminded of the strict application of the closing dates for enrolment.
1.1 Date of the pre-examination
The pre-examination will be held on 5 March 2012.
1.2 Date of the main examination
The main examination will be held from 6 to 8 March 2012.
2. Closing dates
2.1 Pre-examination
Candidates wishing to register and enrol for the pre-examination may submit their application for enrolment as from 1 April 2011.
Complete applications (Form 51016 plus enclosures) must be received by the Examination Secretariat no later than 27 June 2011.
2.2 Main examination (candidates registering and enrolling for the first time)
Candidates wishing to register and enrol for the first time for the main examination may submit their application as from 1 April 2011.
Complete applications (Form 51014 plus enclosures) must be received by the Examination Secretariat no later than 16 May 2011.
2.3 Main examination (candidates previously admitted)
Candidates admitted for the main examination in previous years may submit their application for enrolment as from 1 April 2011. Candidates awaiting results from the EQE 2011 may file their application after their results are known.
Complete applications (Form 51015) must be received by the Examination Secretariat no later than 12 September 2011.
3. Date of receipt
The EPO date stamp constitutes proof of receipt. Applications which are received after the relevant closing date or are incomplete will be refused. Articles 121 and 122 EPC do not apply.
Applications may be filed by fax reproducing all the documents required by Rule 1 IPREE. In such cases, the originals or certified copies thereof must be supplied within a non-extendable period of one month from the date of the fax. Failure to provide the originals or certified copies within the one-month period may result in the application being refused. However, candidates who have been previously admitted to the EQE and who submit their application by fax do not need to supply originals or certified copies.
Where a document transmitted by fax is illegible or incomplete, the fax will be deemed not to have been received.
Candidates are advised to submit their application as early as possible (relevant forms and enclosures where applicable). It is strongly recommended that applications posted to the Examination Secretariat be sent by registered mail with advice of delivery.
Candidates may also hand in their application at one of the EPO post rooms (in Munich, The Hague or Berlin) and bring their own copy to be stamped to confirm receipt. The EPO date stamp will constitute proof of receipt.
4. Signature
Correspondence with the Examination Secretariat must be signed personally by the candidate. If a letter or fax is not signed, it may be deemed not to have been received. Candidates are again reminded that matters relating to the pre-examination and main examination are of a personal nature.
5. Withdrawal
At any time up to the official start of an individual paper, candidates may withdraw in writing from this paper or any subsequent papers.
If the Examination Secretariat is informed of the withdrawal no later than 12 September 2011, the examination fees paid for sitting the respective paper(s) will be refunded. However, the fee for registration and enrolment is not refundable.
Candidates wishing to withdraw are advised to do so by registered mail or by fax. Candidates may also withdraw by e-mail, in which case their attention is drawn to the Notice dated 12 September 2000 concerning correspondence with the Office via e-mail (OJ EPO 2000, 458).
Paper(s) from which candidates do not withdraw as described above will be considered as having been sat. Candidates will be awarded a FAIL grade with a mark of zero for the paper(s) from which they did not withdraw. This mark and this grade will replace any marks or grade previously obtained for the paper(s) concerned. The fee increments as defined in Rule 8 IPREE will also apply.
II. Instructions for completing the application forms
Candidates wishing to register and enrol for the pre-examination must use Forms 51016 and 51017 (certificate).
Candidates wishing to register and enrol for the main examination for the first time must use Forms 51014 and 51017 (certificate).
Candidates admitted to the main examination in previous years (irrespective of whether they sat the examination or withdrew their application) must use Form 51015.
1. Scientific and technical qualifications
Candidates wishing to register and enrol for the pre-examination or main examination for the first time are referred to Article 11(1)(a) REE and Rules 11 to 14 IPREE.
With regard to Rule 11(2) IPREE, a transcript of record for the candidate's degree must be provided to prove that at least 80% of the course hours taken were devoted to scientific and/or technical subjects. Where available, candidates should also submit an ECTS Transcript of Records.
2. Professional activity
2.1 Period of professional activity
Candidates wishing to register and enrol for the pre-examination must have completed a total period as defined in Article 11(2)(a) REE of at least two years up to 5 March 2012.
Candidates wishing to register and enrol for the main examination for the first time must have completed a total period as defined in Article 11(2)(a) REE of at least three years up to 5 March 2012.
2.2 Remission of the period of professional activity – Article 11(5) REE and Rule 16(1) IPREE
Candidates will be granted a six-month reduction in the required period of professional activity for the following courses:
- "Diplôme d'études internationales de la propriété industrielle ("cycle long")" from CEIPI in Strasbourg (academic year 2008/2009).
- "Master of Advanced Studies in Intellectual Property" from Eidgenössische Technische Hochschule "ETH" Zurich (academic years 2008/2009 and 2009/2010).
- "Advanced Master in Intellectual Property Law and Knowledge Management" from Maastricht University (academic year 2010/2011).
2.3 Type of professional activity
(a) With regard to Article 11(2)(a)(i) REE, the candidate's training supervisor must have been entered on the list of professional representatives before the EPO (Article 134 EPC) for the entire duration of the candidate's period of training.
(b) With regard to Article 11(2)(a)(ii) REE, the certificate of employment alone does not fulfil the requirements. Candidates must also prove that, over the relevant period of time, they have actively represented their employer before the EPO in a number of proceedings relating to a wide range of activities pertaining to European patents and patent applications. These activities must have been carried out within the framework of a general authorisation or single authorisations (Article 133(3) EPC) granted by their employers. Article 11(2)(a)(ii) REE does not apply if the representation in question was undertaken to a large extent by a professional representative before the EPO (Article 134 EPC).
(c) The eight-month training period with the German patent authorities does not constitute a period of professional activity as defined in Article 11(2)(a) REE.
(d) Only professional activity over a minimum period of three months with at least 50% part-time involvement will be considered.
3. EPO examiners
Candidates who by the date of the pre-examination have performed the duties of a patent examiner at the EPO for at least three years full-time may enrol for said examination.
Candidates who by the date of the main examination have performed the duties of a patent examiner at the EPO for at least four years full-time may enrol for said examination.
When registering and enrolling for the pre-examination or the main examination, they must submit a certificate issued by the personnel department of the EPO.
4. Supporting evidence
Candidates must submit all the necessary supporting evidence together with the forms, otherwise their application will be refused.
Documents may be officially certified by a professional representative before the EPO (Article 134 EPC), a competent national authority in a contracting state to the European Patent Convention, or the EPO in Munich (by prior arrangement with the Examination Secretariat only – Tel. +49 (0)89 2399-5155).
5. Choice of papers
The pre-examination consists of one paper as defined in Rule 10 IPREE.
The main examination consists of four papers, A, B, C and D as defined in Rules 23 to 26 IPREE. Candidates must indicate which paper(s) they intend to sit (Article 15 REE). Candidates may only re-sit paper(s) which they have not passed (Article 16(1) REE). If a candidate re-sits a paper, any marks and grade previously obtained for this paper will no longer be valid (Rule 6(5) IPREE).
6. Fees - Rules 7 and 8 IPREE
The basic fee is EUR 140.
(a) The fee for an application for registration and enrolment is equal to the basic fee.
(b) The fee for sitting the pre-examination paper and each of the main examination papers is equal to the basic fee.
6.1 Fee increments
The fee for re-sitting a paper which a candidate already sat in 2010 and 2011 is equal to 150% of the basic fee. The fee increase will also apply to candidates who did not withdraw from a specific paper and were deemed to have sat this paper in 2010 and 2011. No other fee increment will be applied for the EQE 2012.
6.2 Payment of the fees
A candidate's application for registration and/or enrolment for the pre-examination or main examination is deemed to have been received on the date on which the payment of the prescribed fees is considered to have been made. If this date is after the closing date, the application will be refused. Articles 121 and 122 EPC do not apply. With regard to what constitutes the date to be considered as the date of payment, see Article 7 of the Rules relating to Fees.
Candidates are strongly advised to check whether they have filled in correctly all relevant details to enable payment of the fees in due time. Payments cannot be processed on the basis of incorrect amount of fees or incorrect bank details. This may lead to refusal of their application.
It is entirely the candidate's responsibility to ensure that the fees are paid in due time. Candidates are strongly advised not to entrust the payment of fees to third parties and to proceed with the payment of the fees in due time to ensure that they are received by the EPO by the relevant closing date.
7. Examination centres
The EQE will be held at the EPO's sites in Munich, The Hague and Berlin, as well as at other locations to be determined by the Examination Secretariat. Whilst candidates' preferences will be taken into account whenever possible, the capacity of the centres is limited. Candidates will therefore not necessarily be allowed to sit the examination at their preferred centre.
The date on which an application is received does not have any influence on a candidate's allocation to a particular examination centre.
8. Acknowledgment of receipt
The receipt of applications for registration and/or enrolment for the pre-examination and main examination will be acknowledged by e-mail to the e-mail address specified by candidates in their enrolment form. Candidates who have not received such acknowledgment within one month of submitting their application should contact the Examination Secretariat. Letters of admission will be dispatched at the end of December 2011 at the latest.
9. Declaration
When signing their application, candidates must declare that they are aware that the submission of incomplete, late or unsigned applications, the failure to submit originals or certified copies where required, the submission of documents filled out incorrectly or incompletely and/or the failure to pay the prescribed fees in due time may lead to refusal of their application.
Candidates must also declare that they are familiar with the REE and the IPREE (Supplement to OJ EPO 3/2011).