the merits of the answers of a certain exam paper/flow on the blogs while an after the scheduled end of the paper. All our EQE 2021 courses will be given online. Das angebotene Material ist auf Deutsch, die Lektion wird auf Englisch gehalten. (See Requirements for the e-EQE 2021). Actually, I agree with your analysis Vincent: The pharmaceutical composition comprising Product X (c3 in DK1) is not novel over the disclosure in IN-DG that X is used as medicament. Q6 of the mock gave marks for stating fee amounts and the model solutions use the latest amounts which do not correspond to the ones in Visser 2019. X is implicitly disclosed in IN-DG in the form of a pharmaceutical product. Rather, you need to sue the hospital or company for induced infringement. However, in the present case, 0.005 is not suggested so that a skilled person in the art could not even arrive at the invention. Aspects to be considered when answering included: I was kicked out of the session. This is well established jurisprudence of the Boards of Appeal (cf T 205/14 of 18 June 2015, with further references).1.2 The application EP 00113608.4 (D16) was filed on 27 June 2000 in the name of Chiesi Farmaceutici SpA (in the following Chiesi), and the application which became the contested patent was filed in the name of Vectura Ltd (in the following Vectura) on 17 April 2001. My last question, when must one pay for a licence and when is it indicated to negotiate a cross-licence? Part of the paper is printable, parts only available online before the flow is started. But the priority rigjt as used is a full right: it is defined by what is in the priority application. However the it department said to me that they cannot deactivate them. Currently, the invigilators simply test the invigilation system and there is no guarantee that they can answer in quickly. I don't think that it was an accident that this kind of exam was given. Hi gregor,You can test it in Mock 1 - those flows are available until 28 February (provided you did not hand-in your answer).And... do not forget to do your final test in Mock 3 on 23 February!(http://eqe-deltapatents.blogspot.com/2021/02/e-eqe-2021-mock-3-on-23-february.html). As I see it a product is a composition consisting of one component; the product. 3. Today, 2 February 2021, Paper D of Mock 2 was organized, using the Wiseflow platform which will be used for the e-EQE 2021 in the week of 1-5 March 2021. papers as soon as possible after we received reasonably clean copies. They are being put online the day after the exam . Which of the the DI Questions did you consider particularly difficult, and which relatively 'easy'? Where, WITHIN THE TIME THEY ARE DUE, the applicant has not paid any or all of the fees, the receiving Office invites the applicant to pay the missing amount, together with a late payment fee, within a time limit of one month from the date of the invitation. Our But I could recover using the Undo button (circled arrow) of the Tab (not of the editorm, but of the Tab itself), at the top right of the Tab, immediately below the WISEflow tabname: That got me back to the normal layout with an empty editor. Our EQE blogs will be open for your comments and opinions … See AG: 5.5 Unavailability of the accepted electronic means of filing debit ordersIf a payment period expires on a day on which one of the accepted means of filing debit orders under point 5.1.2 is not available at the EPO,the payment period is extended to the first day thereafter on which all such means as are available for the type of application concerned can be accessed again. But that was overkill... use = sue :-DDI am happy with the typing! EQE blogs will be open for your comments and opinions w.r.t. Following Article 4 of the Decision of the Supervisory Board dated 20 April 2020 and the Notice from the Examination Board of the European Qualifying Examination (EQE) dated 10 June 2020, can we use fee amounts taken from Visser (updated to 15.11.2019) and still get full marks even if these fees have since been updated/increased? Information on how to register and log on to the online examination system will be communicated in due course. Could you please explain shortly a product itself is a composition or why a (pharmaceutical) composition it is implicitly disclosed by IN-DG? As US attorney, this is true, but they should also note that you can claim it, but the doctors are not liable in the US. Do not post any comments as to The second and third question related to improvements of our own portfolio, also in view of a European application filed by a former advisor on subject-matter to which he was or was not fully or partially entitled. With regard to the effect of references to trademarks on sufficiency of disclosure (Art. From this it is not clear whether only the application or also the priority right had been transferred.1.2.2 The Supplemental Agreement (D22) was only filed in appeal proceedings. Hello Roel,there are old D-Paper, wherein it is stated that the application was transferred before filing the subsequent application without mentioning that the priority right was transferred. 87(1). Paper Dii : I hope this was not representative. also the position of the other inventor etc. Use Ctrl-V to paste the selected text in the editor. Also, do not post the invigilator password or anything else that may be considered the breach of the exam regulations, befofre the EPO as dO, it is no longer the PCT but the EPC provisions that apply - so, Rule 139 EPC.Depending on the type of correction, a correction of error in a priority claim may be easy or impossible in the EP regional phase: see the Rule 139 case law on correction of priority claims. I physically had to force a restart by powering off my laptop. It is generally accepted that the right of priority is transferable independently of the corresponding first application. Hi Roel and team,Quick question on R.80.6 PCT - I assume from what I can find in the L book that you agree that epi's solution was correct and that you add the days to the end before taking account of any weekends/closed days under R.80.5 PCT, rather than extending beyond what would have been available taking R.80.5 PCT into account? 4. This is just a summary of my EQE experience and probably also the last post regarding EQE 2021. Greetings to the general public, i want to inform the public how i was cured of HERPES Simplex Virus by a Doctor called Dr. Omola i visited different hospital but they gave me list of drugs like Famvir, Zovirax, and Valtrex whicmptoms and never cured me. At least that worked for me. Hello Roel;W.R.T Deltapatents book Question L 2-18 - Correction of priority during International Phase under R91.1 PCT:It is stated that R91.1 can be applied within 26 M from the earliest PD.Unfortunately, I could not found a explicit comment for the effect before the EPO as designated office. I did spend some time in evaluating correcting applicant for part B and put it in the answer). It was not what I was expecting, but I accept that. I never got a warning. But it will not be a new paper. I use headings to structure my answer, especially in questions with multiple sub-questions and in the DII. Covid-19 update - EEP 2021 Kurse. Is this correct?When two applicants are filing one application they can only file a subsequent application claiming the priority if they file the subsequent application together (T 788/05).It may be that it is not allowed since an abuse by one of the applicants may be possible. By the way, the name Pore-Tex was indicated as the name of a known polymer. the exams. On examination days, candidates are advised to log on to the online examination system's internet platform at least 20 minutes before the start of the relevant paper. Of course it could be discussed but the time is running. When you take an unscheduled break you must inform the invigilator via the chat function, and again when you return to your desk. Thx for the beer! Due to the LockDown browser my taskmanger is blocked and I can only shut down my laptop form the login-screen - the "start" button in Win10 does not work anymore. Even if a technical effect could be given for this particular point 0.005 over 0.008, it would then not be unitary with the rest of the range, because the point 0.008 does not share a common general inventive concept with the range. Updated 6 Mar 21 with extra comments on C. Updated 5 Mar 21 with WISEflow unavailable picture :-) Today was the e-EQE C Exam. It was neither here nor there, not structured, several questions overlapping. Does any have any comments/suggestions regarding this issue? The windows actually shows me the page I want to see + part of the same page in a bigger font flipped upside down on top of it. And that answers based on those would be accepted.But make sure to not mix Guidelines 1/3/2021 with legal texts of 31.10.2019, e.g., do not mix GL (2021) A-X, 6.2.2 and the former 10-day fail safe of RFees 7(3)/(4) for replenishing deposit accounts: the 10-day aspect of RFees 7(3) has been deleted from RFees since 01.04.2020! No technical problem on my side, neither in all Mock 1 or Mock 2 today. According to Visser, "note that the extra days should be added at the end of the period, not before the period is calculated. Always show me scrambled text. So you need to insert line breaks before every paragraph number, and you need to format the Qs at the end. I had a horrible exam too.Please send your frustration to the eqe secreteriat too and type your experience in an email to helpdesk@eqe.orgThey must understand what a hot mess they have created. Please share your experiences with the platform, as well as any comments to the paper. I found D-II to be very strange compared to past D-II papers. How do you indent at various levels, I cannot seem to find this option in the editor? This year's DI came in two parts of 90 minutes each. Candidates were allowed to print only the calendar, the questions had to be taken from the screen. The addition at the end of the due date is directly derivable from the rule 80.6 itself:"...document or letter was received more than seven days after the date it bears, the national Office or intergovernmental organization shall treat the period starting from the date of the document or letter as expiring later by an additional number of days which is equal to the number of days which the document or letter was received later than seven days after the date it bears.". Any ideas how to fix this? I am not certain about the cause. It puzzles me exceedingly too.I think it is logical that you can claim priority once it is clear that you were the rightful owner, but I would not know if there is a legal basis for it. shortly after I also made a checklist on paper of issues I ran into when reading and which I expected to require discussion when answering. WTF !! It is still badly affecting me the events of today. Let's hope that it will not be the case with the C1/C2 sessions. I really wanted to know what I would be allowed to do. Thanks Roel!Let's see how it works today! instructions to the candidates, code of conducts, etc (see, e.g.. and the emails from the EQE secretariat). I share my comments below (clock on "Read more"). It is not reassuring to read all the issues some colleagues are facing. I copied some longer phrases from the paper into my answer when I needed, such as the long-named effects and the content of the standard contract. I could not login anymore. I have a question regarding the third question in D1. But I recovered using the Undo button. T 969/14:1. Just a blank screen that was frozen. I couldn't print the calendars. I am not feeling comfortable anymore at all about the EQE online platform. Was DII similar as 2013-2017 & 2019 (on top of that it was shorter) or more like 2018 with a large legal case part of the DII? I abbreviated the inventions in the same way as in the paper. Therefore, he was entitled to claim priority from D16 for the whole subject matter of his broader claim. Then, I copied that into the empty editor, but I obtained this: I.e., the editor window was still empty, but the copied text had appeared into the lower left corner of the screen, in the grey area of the Tab around the editor. To facilitate the discussions, we will also post copies of the I am not a chemist, so I rely on what the question specifies.The D paper will be robust for candidates not knowing certaim technical terms. How did it effect your exam? Exam training Paper D This module focuses on using the knowledge in an efficient way in order to pass the exam, dealing with both the legal reasoning (formerly the DI part) and the legal opinion (formerly the DII part) sections. comments under your real name, but it is also possible to use a nickname if you I used bullets and enumeration when I referred to claims of applications. We will post our (provisional) answers to the various papers shortly Good question. Where, within the time by which they are due, the applicant has not paid any or all of the fees, any payment relating to the missing amount must be considered to have been received within the time by which those fees are due, if the payment is received by the receiving Office before that Office sends the invitation, referred to in the preceding paragraph, to pay the missing amount. Likewise I had an overflow of information in D2. Was the additional 15 minutes in each DI apart and the additional 30 minutes in the DII part sufficient to compensate for the restrictions caused by the fixed time schedule of 3 parts? Following Article 4 of the Decision of the Supervisory Board dated 20 April 2020 and the Notice from the Examination Board of the European Qualifying Examination (EQE) dated 10 June 2020, I planned to answer the DI questions with the legal texts and document versions in force on 31 October 2019.However, the legal texts available in the Wiseflow Lockdown browser via “External resources” does not provide for the legal texts and document versions in force on 31 October 2019: the Guidelines are only available in HTML in the version in force on 31 October 2019 as only the November 2019 version is available. Paper D 2021 is now over. For uncooperative Mr. O, I supposed that EP3 is deemed withdrawn, Mr. O has no money to further process. Replies. Wichtige Informationen: Leider werden die Paper D-Kurse in diesem Jahr nicht vollständig auf Deutsch angeboten. I then copied the same part again into the editor after first having placed a space and a newline in the editor to make sure that I knew where I was pasting to. I think it was indicated in the last 10 years in every DII paper where it was relevant.I do not consider it very likely that a new DII paper will not say so it there was a transfer and the validity of priority needs to be discussed.But if it happens that it is not indicated whether priority was transferred, deal with it as with any uncertainty or lack of information that you may run into (usually not because there is really something missing, but because you overlook it...):give your full reasoning and indicate that you do not know whether priority was validly transferred or not - and especially WHY you do not know - or that you assume that it was/was not - and why you need an assumotion and cannot use a fact from the paper-.But (modern) DII papers usually indicate explicitly that the application as well as the priority has been transferred in a DII.See e.g. Am I correct? Am so happy, you can also contact him if you have any problem, Email Address dr.omolaherbalhome@gmail.com or whatsapp or call him +2348118116254. Unable to enter in the chat. If nothing else IPcopy would hope that the EPO seriously considers collecting honest feedback from candidates and then acting upon it in time for next year. Was the balance between EPC and PCT right for you? Wondering what happens if one pushes the "Windows"-Key, I tried this afterwards and it allowed me to access the computer menu. I could download all three answers after the last part - not immediately (I was ready somewhat early), but quite shortly after 16:45, i.e. exam/flow is still ongoing. Q.4: acts in the regional phase after supplementary EP search, when a R.70(2)/70a(2) communication was just received, and in the rest of 2021. the. Reply Delete. Can it be 1 hour 30 min please for D? Hi Roel,thank you for your comprehensive response.According to your response, a substance is not the same as a composition as I mentioned above, is this correct? Priority issue in D2 was complex and confusing. The epi Model Solution and Compendium-type Report for Paper DI only presents an answer based on the legal texts and document versions in force on 31 October 2020, not also an answer based on the legal texts and document versions in force on 31 October 2019. This year's DI came in two parts of 90 minutes each. website and the emails from the EQE secretariat). See also Guidelines G-VI, 7.1.2, example 2 in the table, and the note below the table: "Pharmaceutical comprising substance X for topical treatment" is not novel over substance X per se, if it is in a form suitable for that use. The EPO/EPC just follows what national law has decided - see Art. What was the effect of doing it online? It has the normal meaning ;) D paper usually use the wording of the law if they test something non-standard, as all candidates must be able to understand the facts based on normal university-level technical knowledge and without specific technical knowledge.You need to know the law and the Guidelines (and the case law), in particular you need to understand and be able to apply what is in GL G-VI, 7.1 & 7.2 (First or further medical use of known products & Second non-medical use) and their sub-paragraphs.Art.54(4) Paragraphs 2 and 3 shall not exclude the patentability of any ***substance or composition***, comprised in the state of the art, for use in a method referred to in Article 53(c), provided that its use for any such method is not comprised in the state of the art.Art.54(5) Paragraphs 2 and 3 shall also not exclude the patentability of any ***substance or composition*** referred to in paragraph 4 for any specific use in a method referred to in Article 53(c), provided that such use is not comprised in the state of the art.Case law clarifies that other products than ***substance or composition*** can not benefit from this purpose-limited novelty (GL G-VI, 7.1.1).Case law also clarifies that the ***substance or composition*** should be the active agent, and not something that just happens to be part of the medical method.For the latter, refer toT 1758/15 cited in GL G-VI, 7.1.1; especially the sub-reasons of 5.2, of which 5.2.6 says: "5.2.6 In analysing Enlarged Board of Appeal decision G 5/83, Board 3.3.04 (see T 2003/08, Reasons points 15-18) came to the conclusion that G 5/83 endorsed the interpretation of the term "substance or composition" as being "the active agent or ingredient" of the particular specific medical use (see G5/93, Reasons point 23; also point 20 refers to "the active ingredient"). That defines the two parts explicitly. CASITAS informed us that Mr G subsequently assigned his share of CB-PCT to CHINABEAM". The EQE 2021 will take place online using LockDown Browser. What was the effect of the situation that you had to take the exam largely from the screen (as only a small part could be printed) rather than from paper? The examination papers will take place during that week at the same week days and times as the real examination, see here." Each question had a plurality of sub-questions, giving the candidate a clear agenda as to what to discuss. So, you: you will need to insert line breaks and paragraph ends, and you will need to insert several spaces as also some words got connected to obtain the question in the same paragraphs layout etc as in the paper: To allow candidates to test the system also close to the real examination conditions, a second mock (Mock 2) is planned for the week of 1 to 5 February 2021. Likewise I had an overflow of information in D2. Also pushed Alt-Tab on accident (twice in below on second).Then I got the message: "Session has been ended administratively" - "The session has been cancelled as an unauthorized action with a mouse or touchpad (a swipe with three or four fingers) has been detected several times. Can you indicate which? After waiting for 50 minutes, (being number 17 in queue) everything got white, my chat inquiry vanished and I needed to reenter the message into ZenDesk - again being number 85 in queue. Was not contacted by an inviligator until the paper finished, and was not able to work on my answer any further.Using Alt-Tab did have no consequences in the Mock 1, and I also find no hints that it is not allowed to push some dedicated shortcuts (I thought it is the purpose of the LockDown Browser to simply "deactivate" problematic short cuts). 2a. Especially with paper D ! I was browsing through the Internet searching for remedy on HERPES and i saw comment of people talking about how Dr. Omola cured them. Do not post any comments as to Yesterday was the e-EQE B Exam. (How) was it different due to the due of the LockDown Browser? Click your Tab key on your keyboard to increase indent levels.Click on the enumeration or bullet icon if you want to decrease indent level. I don't think that this would have been so bad if it wouldn't have been a chemical invention with multiple types of claims from a single product. as your own. The DeltaPatents team, NB: you can not comment Mar 4 . Hello Roel,when is a PCT-Rule due?In the DeltaPatents D-book, it is stated that the due date e.g. The EQE 2021 will take … So I would not have gotten any points for this exam.The LockDown browser has major flaws in the system. The obviousness of the claimed solution to that reformulatedproblem must then be assessed in the light of the cited prior art(see T 87/08)"and GL G-VII, 3.1(i) as well as (ii):"3.1 Obvious and consequently non-inventive selection among a numberof known possibilities:(i) The invention consists merely in choosing from a number of equallylikely alternatives.Example: The invention relates to a known chemical process inwhich it is known to supply heat electrically to the reaction mixture.There are a number of well-known alternative ways of so supplyingthe heat, and the invention resides merely in the choice of onealternative. When will we drink one, and where? In reality, I'm afraid. 83), see F-III. For example, that none of the applications were filed outside the priority period such that all application could still extent their territorial scope was quite unusual - it also led you to discuss several times what the effect would be if a PCT or EP would be filed with valid priority from IN-DS (effects DK1, EP3 if revived, Euro-PCT2 if filed, "PCT3"). @Lisa: yes, your assumption is correct: in the exam you need to use all the GL tests and approaches, so also that relating to numerical accuracy.