http://ipkitten.blogspot.com/2020/08/uk-patent-exams-update-final-version-of.html
Following on from the updates to the FAQs earlier this week, the Patent Examination Board (PEB) have now released a final version of the FAQs. Candidates have 1 day left to change their elected exam location (deadline 31 August 2020). This is also the deadline for specifying your Designated Contact if taking the exam at work. The latest information can be read here.
In a welcome improvement to communications, exam updates are now being distributed via the CIPA mailing list.
Designated contacts
There has clearly been considerable concern from candidates and firms regarding the strict lack of conflict requirements for Designated Contacts. In the latest update, we learn that it is not possible to nominate more than one Designated Contact, although a deputy can be appointed. As per a previous update, the Designated Contact does not have to be a patent attorney.
| Anxious candidates waiting for clarity |
The PEB also now acknowledges that it will be difficult for small firms to avoid conflicts of interest. According to the latest FAQs, the Designated Contact will be asked to declare all conflicts of interest. These conflicts will be kept in a log, which will be available for review by the Examiners, PEB and IPReg. No information is given as to what circumstances would prompt a review, and what would then be done with the information.
Screen breaks and exam timings
We still don’t know how long the exams will be or how much screen break time will be given. We also don’t know how long candidates will be given to print the paper at the beginning and to scan their answers at the end. The FAQs indicate that the PEB know this information but that they are choosing not to divulge it at the moment: “Total fixed time allocations have been calculated and tested” (Q. 13c).
Form of the question paper
In a welcome update, we now know that the question paper will be issued as a searchable PDF (Q 14b). Also, according to Q 19a, the full functionality of word should be available. Furthermore, it seems that it will be possible for candidates to access email, under the supervision of the Designated Contact, in order to receive scanned documents.
Laptops and headphones
In another welcome update, it seems there has been some roll-back on the requirement for laptops to be clean (i.e. completely free of work documents). Understandably, this was probably not going to be possible for most candidates. In the latest update, the PEB indicates that, where candidates are unable to use clean laptops, it will be the responsibility of the candidate to ensure that they do not inadvertently access “prohibited material”.
We also learn that the use of headphones will not be permitted (unless approved as a Reasonable Adjustment).
Further information?
At some point in September candidates will be able to test the system. The PEB, as yet, has not been able to finalise the timings for these tests (Q 29). For any further updates, candidates will now have to wait for the “essential information for candidates” which the PEB promise will be posted on their website in “mid-September”.
Preparing for the UK patent exams is stressful at the best of times. It is unsurprising that the unusual arrangements this year are making candidates particularly anxious. The lack of clarity and last minute changes from the PEB are understandable, given the considerable challenge of running these exams online for the first time (and of keeping the exams IPReg compliant). However, it is also unsurprising that the PEB is facing a flood of enquiries from worried candidates. To improve relations, this Kat would advocate a commonsensical approach from the PEB. After all, candidates and Designated Contacts are professionals acting in good faith. It would not be in the interests of any qualified attorney or firm to help candidates cheat these exams.
IPKat has been informed that the PEB have received a number of abusive emails. This is, of course, not helpful for anyone and will detract from legitimate enquiries. Please keep messages to the PEB and comments below civil.
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