http://ipkitten.blogspot.com/2021/04/epo-plans-radical-shake-up-of-eqes-2024.html
The online European Qualifying Examinations (eEQEs) are part of the EPO’s overall digital strategy. The patent exams were moved online for the first time this year as a response to the COVID-19 pandemic. However (like ViCo oral proceedings), the EQEs will continue to be held online, even post-pandemic. As part of the change to online exams, it has now become apparent that the EPO is planning a radical overhaul of the exams themselves, to be implemented by 2024. Part of the goal of this change is to make the exams more relevant tests of “fit-to-practise”.
In moving online, the EPO endeavoured to keep the form and content of the exams as close as possible to the paper examinations. In 2022 and 2023, the EPO is expected to make only relatively minor changes to the exams, to better adapt the papers to the online format. Technical changes to the online platform are also expected, which will hopefully prevent a repeat of the issues faced by candidates this year (IPKat here and here).
| Revising for exams |
However, from 2024, it seems that a major shake-up of the EQEs is on the cards. As outlined in a discussion paper published by epi today, the digitalisation of the EQE is being used as the catalyst for “a much more ambitious project that will significantly change the EQE in the future”. According to the epi report, the aim is to update the EQEs to a new model which better tests the “fit-to-practise” criterion and makes the examination more effective for both students and the profession.
The epi paper proposes a new system in which the EQE is split into a series of progressive online modules taken over the course of a candidate’s professional training. Each modular exam will last no more than two hours. The modules would form part of two examination tracks: a Practical and Legal Track. The Practical Track would test the day-to-day activities of a patent attorney, e.g. drafting, amendment and opposition, “with some but not complete overlap with Papers A, B and C”. The Legal Track would “test the candidates’ knowledge of the relevant legal provisions as defined in the syllabus, and their ability to apply that knowledge in solving a complex legal problem”.
The full details of the proposal can be read in the discussion paper. The epi paper will be discussed in the e:EQE Working Group and at the epi Council e-meeting on 8 May 2021. The paper is, of course, still a proposal as opposed to a final product. The paper comments that professional advice needs to be sought on some of the practical details of the new exam format, such as the use of AI to facilitate “smart” multiple choice questions (MCQ) (i.e. not merely true/false questions) and auto-marking/auto-correction of free text (see page 8).
As the comments on this and other blogs frequently highlight, there is a strong perception by many in the profession that the patent examinations as currently formatted do not test fit for practice. This Kat can herself testify that the more professional experience she accrues, the more absurd some of the requirements of the examinations appear, either because of subject-matter specialism and/or the artificial nature of the jigsaw puzzle-like style of the EQEs. The epi discussion paper begins with an acknowledgement of the problem to be solved: “There is a strong feeling among the tutors and some qualified European patent attorneys that some Exam Papers are too remote from reality” and is welcome for this acknowledgement alone. This Kat wonders if the highly-anticipated Mercer Review of the UK patent examinations (IPKat) will make a similar acknowledgement [Merpel: Speaking of which, where is the Mercer Review?]. The fact that the EPO appears prepared to go further and address the perceived need for a better examination system should be applauded. Let’s hope the PEB is taking note.
Acknowledgements: Thanks to Katfriends Julia Gwilt and Parminder Lally for sending this IPKat’s way!
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