http://www.eqe-online.org/forum/ The EQE Forum is provided by the European Patent Academy in Cooperation with the Examination Secretariat for the European Qualifying Examination en Sun, 05 Sep 2010 09:00:36 GMT vBulletin 10 http://www.eqe-online.org/forum/images/misc/rss.jpg http://www.eqe-online.org/forum/ http://www.eqe-online.org/forum/showthread.php?t=7910&goto=newpost Fri, 03 Sep 2010 12:16:29 GMT Where a supplementary European search report is to be drawn on a Euro-PCT Appln. the applicant shall receive upon entry into the European regional... Where a supplementary European search report is to be drawn on a Euro-PCT Appln. the applicant shall receive upon entry into the European regional phase a communication according to Rule 161 (2) (possibility to file amendments within 1 month), later the supplementary European search report is drawn by the Search division and sent to the applicant, than the examining division assumes responsibility and the applicant shall receive the communication according to Rule 161 (1) (possibility to file amendments within 1 month). Is my understanding of the Rule 161 correct? Or is the second communication a part of the supplementary search report?
Later on the next communication from the Examining division will be the one from which the 24 months period for voluntary divisionals will start, I suppose. ]]> Krasnenka http://www.eqe-online.org/forum/showthread.php?t=7910 http://www.eqe-online.org/forum/showthread.php?t=7909&goto=newpost Thu, 02 Sep 2010 06:16:24 GMT According to the Solution to Q8, a European Patent Application filed by reference to a US patent application needs a certified copy according to R.... According to the Solution to Q8, a European Patent Application filed by reference to a US patent application needs a certified copy according to R. 40 (2). However, I remeber that, in this case, the copy of the previous application should be deemed to be duly filed.

What do you think? ]]> DI 2010 beyzzino http://www.eqe-online.org/forum/showthread.php?t=7909 http://www.eqe-online.org/forum/showthread.php?t=7908&goto=newpost Sun, 29 Aug 2010 05:58:05 GMT Hello, is a Paper A training tool for electric/mechanic avaliable? I have found a training tool for chemistry here, but not for mechanic. ... Hello,

is a Paper A training tool for electric/mechanic avaliable?

I have found a training tool for chemistry here, but not for mechanic.

Regards, ucbiwu ]]> Paper A Electricity/Mechanics - General ucbiwu22 http://www.eqe-online.org/forum/showthread.php?t=7908 http://www.eqe-online.org/forum/showthread.php?t=7907&goto=newpost Wed, 25 Aug 2010 10:59:01 GMT Hi, Does anyone know what you are suppose to know about US and JP patent law when it comes to EQE? Hi,

Does anyone know what you are suppose to know about US and JP patent law when it comes to EQE? ]]> Other topics Mauishark http://www.eqe-online.org/forum/showthread.php?t=7907 http://www.eqe-online.org/forum/showthread.php?t=7905&goto=newpost Tue, 24 Aug 2010 15:04:38 GMT *Q1 Form 52400: Request for the list* In the request for entry on the list for European Patent Attorneys the (a) address of the place of... Q1 Form 52400: Request for the list

In the request for entry on the list for European Patent Attorneys the

(a) address of the place of business OR
(b) the address of the employment (employer) seems to be necessary

- Does the need of a place of business address bar someone to be an
employee and does the need for the address of the employment bar
someone to be a freelancer, since the word OR seems to indicate that no
combination of both is possible ?

- What address needs to be inserted for someone who intends to be active
on both fields, i.e. someone who works and represents an employer and
additionally represents other companies via his own place of business ?

- The request mentions that the place of business needs to be proofed.
What documents are necessary to proof the place of business ?

- If a European Patent Attorney has several places of business in
different contracting states, what address needs to be inserted into
the form.

Is there any legal basis available regarding the issues mentioned above ?

Q2 Form 1004 General Autorisation, R 130

If a European Patent Attorney has an own place of business and is employed, too:

- Is it necessary to enter the address of his own place of business
into the appropriate field of the General Autorisation or is it possible
to enter the adress of the employee (C/O), so that mail regarding
cases of the employer are only sent to the desk at the employers
address, otherwise the mail would be sent to the address of the place of
business (R130).

- Is it necessary that the address mentioned in an autorisation is
always identical to the adress mentioned in the list, as long as
it is ensured that the mails is always delivered properly ?

Q3 European Patent Attorney

In some contracting states the title "Patent Attorney" ist protected by law
and can only be used by persons registerd at the national patent
office or chamber of lawyers/patent attorneys, e.g. Germany: "Patentanwalt".

Is it allowed to use the title "European Patent Attorney" in all
contracting states, i.e. for example in Germany, after the person
is registerd in the list ? ]]> Other topics frap http://www.eqe-online.org/forum/showthread.php?t=7905 http://www.eqe-online.org/forum/showthread.php?t=7904&goto=newpost Tue, 24 Aug 2010 00:29:53 GMT We all know the selection criteria for the CPA. However, imagine a situation where we want to attack a claim comprising the features a, b, c, d.... We all know the selection criteria for the CPA.

However, imagine a situation where we want to attack a claim comprising the features a, b, c, d.

Document A2 shows a, b
Document A3 shows e, c, d (d not compatible with c of A4)
Document A4 shows a, b, c


Although A4 is - from an absolute point of view - closer to the subject-matter of the claim, I cannot select it as CPA because I do not have an appropriate second document, since A3 cannot be combined with A4. Hence, I will have to take A2 as CPA and combine it with A3.

In other words, the selection of the CPA is also a relative choice (depending on the second document). I think this is somehow clear but I have never read about this aspect.

Am I right? ]]> Basic Patent Law immibi1 http://www.eqe-online.org/forum/showthread.php?t=7904 http://www.eqe-online.org/forum/showthread.php?t=7633&goto=newpost Thu, 05 Aug 2010 18:10:17 GMT Hello,

let's assume that the formalities officer made a mistake in the granting procedure in favour of the applicant. For example:

1. as regards priorities
a) He accepted the priority formally although the application was filed more than one year after the first application.
b) He accepted the priority although a certified copy of the first application has never been filed.
c) The applicant was allowed to correct the priority date at a late stage although it was against the caselaw.

2. as regards the filing date
a) A filing date has been assigned although an essential requirement has not been complied with.
b) The filing date has not been shifted although Figures have been filed after the filing date.
c) The formalities officer assigned a wrong filing date simply by permuting two numbers.

3. annual fees (not the duty of the formalities officer I think)
a) No annual fees have been paid but the patent has been granted.

=> Now I want to oppose this patent. Is it possible to attack the wrong decisions of the formalities officer in all these cases? (They may influence whether a prior art document may be used or not.) And if yes, how? ]]> Other topics immibi1 http://www.eqe-online.org/forum/showthread.php?t=7633 http://www.eqe-online.org/forum/showthread.php?t=7626&goto=newpost Wed, 21 Jul 2010 10:50:19 GMT Are the way the EQE results presented different this year? Last year I had a username and password to input into a website, but this year i had an... Are the way the EQE results presented different this year?

Last year I had a username and password to input into a website, but this year i had an email to go to this link

http://www.epo.org/patents/learning/...tatistics.html

and find your results under your EQE Registration number.

Presumably this is the number quoted on the letter accompanying my exam script recieved for checking in may?

Just checking for sanity purposes - thanks! ]]> 7eqad2 http://www.eqe-online.org/forum/showthread.php?t=7626 http://www.eqe-online.org/forum/showthread.php?t=7625&goto=newpost Tue, 20 Jul 2010 12:33:26 GMT In Paper A from 2002, as most of the features of the compounds the client would like to file are part of the state of the art (document D1), no many... In Paper A from 2002, as most of the features of the compounds the client would like to file are part of the state of the art (document D1), no many possibilities are available to file a compound claim.
Example 1 of the cleint information letter can be claimed as a compound claim.

Furthermore, the process used to synthesise the compounds of the client is novel. So a claim dirrected to such a psocess is possible.

In my opinion the compounds which are obtained by this process are novel as "product by process" claim.

Is their a possibility in this case to draft a compound by process claim which will allow to have a protection for the compounds obtained by this process? ]]> soso71 http://www.eqe-online.org/forum/showthread.php?t=7625 http://www.eqe-online.org/forum/showthread.php?t=7624&goto=newpost Thu, 15 Jul 2010 09:43:39 GMT Dear EQE candidate, dear user of the EQE form, The European Patent Academy is constantly working on improving existing and developing new training... Dear EQE candidate, dear user of the EQE form,

The European Patent Academy is constantly working on improving existing and developing new training tools which we consider useful in helping candidates who prepare for the European qualifying examination. Often the best ideas come directly from those in need of such tools and services. If you feel you would like to have a particular training tool or service and think we might be able to provide it - please leave a message here with a brief description of what you have in mind. We will try to find a way to make it available - and remember: you can edit the EQE Wiki yourself.

All the best in your preparation.

A. Zellner
European Patent Academy ]]> azellner http://www.eqe-online.org/forum/showthread.php?t=7624 http://www.eqe-online.org/forum/showthread.php?t=7623&goto=newpost Wed, 07 Jul 2010 09:36:20 GMT Dear all, I am preparing for the EQE2011 and currently dealing with the International Preliminary Examination: The Guide for Applicant, Part... Dear all,

I am preparing for the EQE2011 and currently dealing with the International Preliminary Examination:

The Guide for Applicant, Part 2, 4th edition (2008) says:
The EPO may act as the International Preliminary Examination Authority (IPEA) for any international application, on condition that the receiving Office with which the international application was filed has specified the EPO as IPEA (number 192).
Number 128 provides a list of countries which have NOT specified the EPA as IPEA. Updated information would be available from the WIPO homepage.

I searched the WIPO homepage for a updated list of the countries who have (or have not) specified the EPO as IPEA - but could not find it :confused::confused::confused:.

Could you help? Do you know where such list can be found on the WIPO homepage?

Thanks!

Patentfriend ]]> Basic Patent Law Patentfriend http://www.eqe-online.org/forum/showthread.php?t=7623