Do the new compensation rules lower the bar for passing D ?

This is a post for discussion purpose !

Under the "old" rules for examination you could compensate for an exam where you scored between 45 and 49 marks if you scored more than 200 points in total, you were a first-sitter and passed the other three papers.

The "new" Rules are as follows:

Rule 6: Grades/passing the examination

(1) Each answer paper shall be marked on a scale from zero to 100 by the relevant Examination Committee.
(a) Where, on the merits of an answer paper, a mark of 50 or more is awarded, a PASS grade shall be awarded for that paper.
(b) Where, on the merits of an answer paper, fewer than 45 marks are awarded, a FAIL grade shall be awarded for that paper.
(c) Where, on the merits of an answer paper, a mark of at least 45 but less than 50 is awarded, the grade awarded for that paper shall be COMPENSABLE FAIL.

(2) Subject to Article 14(2) REE, a candidate shall be declared to have passed the  examination if he satisfies all of the following conditions:
(a) he has not been awarded a FAIL grade in any of the papers,
(b) he has been awarded a PASS grade in at least two papers, and
(c) his total aggregate mark in the four papers set out in Rule 21 is at least 200.

(3) [not shown]

The "first sitter" requirement seems to have been deleted, which to me makes sense as all four papers cover different aspects of the work of a Patent Attorney.

Anyhow, suppose a candidate scores the following:

A: 80 points (pass)
B: 30 points (fail)
C: 50 points (pass)
D: 45 points (compensable fail)

Under the "old" rules (as I understand it, please correct me if I'm wrong) this candidate had to resit both B and D.

However, the new rules seem to allow this candidate to resit only paper B in order for him to pass all four papers. Even if he would only score 50 points for paper B, he can compensate his D paper with the results for his A paper.

In another example, even when the candidate would have scored 45 points for both C and D, he seems to allowed to pass all papers by resitting only paper B.

Since in most cases scores for paper A and/or B are probably rather high (that is >60) the new system effectively seems to lower the bar for the more difficult (and from a preparation point of view extremely time consuming) paper D to 45 marks.


As I started this post it is for discussion purposes, and above that I may have missed an article or rule that renders the above example complete nonsense...... Anyway, your comments are welcome.

Read the Regulations here.