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Intellectual Property Law

: IPKat

The EQEs and Languages

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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A couple of work colleagues of the IPKat's newly-installed amenuensis Birgit, Paul Briscoe and Daniel Weston, were wondering about what might be happening to the regulations for the European Qualifying Examination, and wondered if the IPKat's readers might be able to assist them. He is, of course, happy to help and would in any case like to know as well.

The IPKat commented recently (here) about one apparently particularly divisive part of the proposed new implementing regulations (which the IPKat has still not yet seen in full: can anyone forward a copy to him?). Another, not quite so contentious but nevertheless important, change has also been mooted, this time relating to the number of languages a prospective EPA will need to be familiar with when taking paper C (opposition).

The question is whether the new regulations (available here, ici & hier) will require all the examination documents to be made available in all three EPO languages, and not just two as they are at the moment (meaning that at least one document will not be in your preferred language). For English speakers, this generally means that you need to pick either French or German and hope that the document that turns out to be not in English is not too crucial (which, unfortunately for this Kat, it was last year). For those fluent in two of the languages this is, of course, not an issue so you can stop reading now.

The relevant bit of the current regulation (which applies to the 2009 exams) is Article 15, which states:

"Languages
(1) The examination papers shall be drawn up in the three official languages of the EPO and all candidates shall receive them in all three languages.
(2) At least three separate and different documents on the state of the art shall be supplied with the examination paper mentioned in Article 13(3)(c). Such documents shall each be drawn up in one of the official languages and be accompanied by a translation into at least one of the other official languages. The three official languages shall always be equally represented. The aforementioned examination paper shall be accompanied by a glossary of the specialist terminology contained in the prior art documents in all the languages requested under paragraph 3.
(3) The candidates' answers should be given in one of the three official languages. Nevertheless, candidates may, if they so request when enrolling for the examination, submit their answers in another language being an official language of a Contracting State. In such cases, the Secretariat shall have a translation made in one of the official languages of the EPO and shall submit the translation together with the original answers to the appropriate examination committee."

The relevant bit of the new regulation (which will apply to the 2010 exams) is Article 12, which states:

"Languages
(1) The examination papers shall be drawn up in the three official languages of the EPO and all candidates shall receive them in all three languages.
(2) The candidates? answers shall be given in one of the three official languages of the EPO unless otherwise prescribed in accordance with paragraph 3.
(3) The IPREE may contain special provisions concerning the use of an official language of a contracting state other than one of the official languages of the EPO."

What the IPKat would like to know is whether this means that all the examination papers (including the state of the art documents in paper C) will be available in all three languages, or whether (as he suspects) there is something else specific in the IPREE that applies. Can anyone help? If anyone has a copy of the proposed IPREEs, the IPKat would be very interested to see them, and will happily make them available for all to see.

Full post as published by IPKat on February 19, 2009 (boomark / email).