Updated PCT Newsletter summary

An updated PCT newsletter summary is available in the download section of this website. The summary contains the practical advices of all newsletters and some further information that I thought could be useful. Of course you should judge for yourself if the summary is complete enough to take to the EQE. The practical advices usually are quite good studying material. Try to answer the question yourself first before reading the answer....did you come up with the same ???

Don't forget to get yourself a copy of the excellent book on the PCT by Cees Mulder !

Updated document Implementing Regulations

The Implementing Regulations will change per January 1, 2011.

New Rule 70(b)
Amended Rule 141



NOTE: DO NOT USE THESE AMENDED RULES FOR THE EQE 2011 !!!

You can find the updated editable document in the download area, or by clicking here.

Updated G Summary available !!!

I know you have all been waiting for this and reminded me from time to time that it was still not there. I told most of you that I would post an updated version well before the EQE. Well, good news, the G Summary has been updated and is now available for download. Either go to the download pages, or click here for a direct download.

I wish you all the best for 2011 !!

PS: Note that the EQETools LinkedIN group is steadily growing. Feel free to join the group and post your questions, concerns, thoughts etc. etc.

Updated document Implementing Regulations

In view of the amendment of Rule 36 effective from October 26, 2010 an updated version of the Rules is now available for download.

Coffee break questions from the EPO

Surfing the EPO website I found a link that allows automatic e-mails be sent containing what the EPO calls "Coffee Break Questions". So far I have received two of such questions, see below for an example.

The EPO PschorrHöfe building in the Bayerstrasse (not the main building, but the one across the street) has a very nice "sky bar" for EPO employees (or lost attorneys :-)) to enjoy a good coffee after an excellent lunch. This is not the place for people wanting a quick shot of caffeine but rather a place to stay around for some time, to enjoy the view over Munich and of course the coffee.

Why am I writing this down ...

Well, first of all because the questions I have received so far are so easy that the coffee break will be very short if you focus solely on the answer of the question. However, this source of questions may nevertheless help you in your preparations by thinking bit further on the specific subject. Doing so may want you to decide to take another cappuccino. 

Question one was the following:

An invention can be patented only if it is new. What is the relevant date for determining the state of the art?

- The filing date
- The priority date
- The priority date if there is one, otherwise the filing date


The answer is not difficult, it probably takes a few seconds. However, you may want to consider the following:
- What are the other requirements for patentability? What is the legal basis ?
- What if the claimed invention is not the same invention as in the priority document?
- Following the previous question, what legal basis (Articles, Rules, Case Law) deals with the right to priority, and more specifically what is meant with "the same invention".
- What is the difference between prior art under Article 54(2) an 54(3) ? How is this related to the priority issue.
- What are the requirements for getting a filing date? Legal basis?
- etc. etc.

You can subscribe at the EQE-Online website.

Enjoy your coffee !!!

Looking for fellow EQE candidates ?

If you're looking for fellow EQE candidates and discuss about the exams, the EQE-online forum may be your choice. 

An alternative for you to consider may be the EQETools LinkedIN group that is in existing for some time now, offering you not only the chance to post your concerns, questions and thoughts but also to expand your professional network. Being a European Patent Attorney allows you to do your job in all countries of the Convention (if you would like that of course ...). So, knowing some people here and there may be beneficial for your future career. Needless to say there's a lot more advantages that the LinkedIN network has to offer.

The group is open to both EQE candidates as qualified attorneys.

You can join the group by going to the LinkedIn website and browse for the group EQETools. There you can request to join (you need to sign in first).

  

More free EQE resources

Some time ago the website www.cyberepc.com was launched. The idea behind this website is to provide an online source of information related to the EPC. Articles, Rules Guidelines and further information is all (hyper)linked so it is easy to navigate and find the provisions that you need. All that said the website was not primarily developed for EQE candidates.

CyberEPC has today expanded it's scope also to those looking for information and tools related to the EQE. You can find the "EQE Workspace" here.

A nice thing about the CyberEPC is that it is available in all three official languages of the EPC. For those wondering what these languages are, click here :-)

Have a nice weekend!

G1/09 : Refused but still pending ...

The excellent IP weblog IPKat reported the publication on the EPO register of G1/09. The summary on this weblog tells the story so I will limit this post to the decision itself:

In the case where no appeal is filed, a European patent application which has been refused by a decision of the Examining Division is thereafter pending within the meaning of Rule 25 EPC 1973 (Rule 36(1) EPC) until the expiry of the time limit for filing a notice of appeal.

To read the whole decision, click here.

The end of Swiss type claims

In G2/08 the use of Swiss type claims was said to be no longer allowed 3 months after publication of the decision in the Official Journal.

The EPO has published a note on their website with more information, click here.
The three month period as determined in G2/08 expires January 28, 2011.


This means that Swiss type claims are no longer allowed in European aplications filed after that date, or having an earliest priority date of January 29, 2011. If any such application contains Swiss-type claims, the applicant will be invited to correct this deficiency.

The paper A tool has been corrected in view of this decision.
Read G2/08 here.

Adjustable D1 timing sheet

Apparently the timing sheets for D1 are appreciated and some people even want to have more control over the tables. Recently I received this timing sheet which offers a bit more options than the one that is already available for some time. Needless to say that passing D1 will never depend on a correct timing sheet, yet I believe it really helps in managing your time during the exams and/or your preparations.

Good luck and thanks for sending me this file !