New European qualifying examination (EQE) progressively starting in 2025

On 14 December 2023, the Administrative Council of the EPO approved the new « Regulation on the European qualifying examination for professional representatives before the European Patent Office » (REE) regulating the new format of EQE (CA/87/23), adapted for the online environment. The new REE will enter into force on 1 January 2025 and replace the Regulation of 2009. The corresponding Implementing Provisions (IPREE) are expected to become available in early 2024.

In compliance with the new REE, the new EQE examination papers will be progressively introduced starting in2025. In 2027, the new EQE will fully be implemented and pre-examination and papers A, B, C and D will no longer exist. The current exam papers (pre-examination, A, B, C and D) will be gradually replaced by five new modules, according to the following calendar:

2025:

• New-format EQE: introduction of a Foundation paper F,
• Old-format EQE : papers A, B, C and D according to REE 2009 will still be held.
• In 2025, pre-examination will not be held, but candidates who would have been eligible for the pre-examination in 2025 will be exempted from pre-examination and can sit papers A, B, C and D in 2026.*   

2026:

• New-format EQE: Foundation paper F, and introduction of the PapersM1 and M2,
• Old-format EQE: papers A, B, C and D according to REE 2009 will also be held.

2027:

• New-format EQE: Foundation paper F, Papers M1, M2, and introduction of the Papers M3 and M4.
• No old-format EQE any longer.

The new EQE will be organised online in the three official languages of the EPO.

* N.B.: If candidates are eligible for the Pre-Exam in 2025 (two years of professional training), they will have to make a choice: if they sit the 2025 Foundation paper, they automatically choose the « new » EQE system: they can no longer sit the old exam papers A, B, C and D (in 2026). In this case, the first time they can sit the new M1/M2 exam papers is in 2026 and the first time they can sit the new M3/M4 papers in 2027. If, on the other hand, they do not enrol for the 2025 Foundation paper, but sit the old exam papers A, B, C and D in 2026, they can sit these papers without (having passed) the Pre-Exam (because NO Pre-Exam will be held in 2025).

Paper F assesses whether the candidate can apply legal concepts and provisions of the EPC and the PCT. It consists of two parts of two hours, both parts must be passed in one sitting. One part will consist of legal questions and one part will comprise analysis of claims and invention. Paper F appears to bear similarity to the pre-examination paper under REE 2009. It may however be taken by candidates having less experience (1 year vs. 2 years for the current pre-examination).  Further, different types and varieties of questions instead of the current "true/false" format are to be expected.

Paper M1 assesses whether the candidate can carry out tasks relating to the analysis and assessment of information and evaluate and act on instructions from a client. It further assesses whether the candidate can understand an invention and/or data provided by the client, assess the invention in view of prior art and analyse whether the invention and theapplication or patent comply with the provisions of the EPC.

The paper should consist of two parts, with a total duration of 3 hours. Both parts must be passed in one sitting. Paper M1 should focus on predominantly substantive topics which are currently scattered throughout papers A, B and C.

Paper M2 assesses whether the candidate can apply procedural and substantive patent law of the EPC and the PCT in both day-to-day and exceptional situations arising in the practice of professional representatives in proceedings before the EPO. It further assesses whether the candidate is familiar with all procedures established by the EPC and the PCT and with the procedural law. At least 50% of the obtainable marks in paper M2 will be for free-text answers. The paper consists of two parts, total duration 2,5 – 3 hours. Both parts must be passed in one sitting. Paper M2 should be similar to current paper D1.

Paper M3 assesses whether the candidate can evaluate, draft and develop patent documentation and submissions, based on documents and instructions from the client. It consists of three parts (drafting of claims, defending of a patent application or a patent, attacking a patent application or a patent). Each part requires a free-text answer. Total duration of 7,5 hours, all parts must be passed in one sitting. Paper M3 should systematically test skills and abilities which are currently tested in papers A, B and C.

Paper M4 assesses whether the candidate can provide an answer in the form of a legal opinion responding to an enquiry from a client. The candidate is expected to reason, present and manage advanced procedural and substantive aspects of patent law. Duration 2 – 2,5 hours. Paper M4 should bear similarity to current paper D2.

The below required training periods apply for patent attorney trainees and EPO examiners:

• for Foundation paper F at least one year of full-time-equivalent supervised training,
• for papers M1 and M2 at least two years of full-time-equivalent supervised training,

for papers M3 and M4 at least three years of full-time-equivalent supervised training.

EQE examination papers Pre-exam, papers A, B, C and D are taken into account in the new system, and a pass grade in one or more of these examination papers leads to the following exemptions from the new papers:

If candidates have passed :

• the pre-examination, they are exempt from sitting foundation paper F and main examination paper M1;
• Paper A, they are exempt from sitting part 1 of main examination paper M3;
• Paper B, they are exempt from sitting part 2 of main examination paper M3;
• Paper C, they are exempt from sitting part 3 of main examination paper M3;
• Paper D, they are exempt from sitting main examination papers M2 and M4.

For further information about the new EQE, please refer to document CA/D 25/23.

CEIPI is developing a comprehensive adapted training program for the Foundation paper F and for the main papers M1 – M4, according to the above examination calendar and starting in 2024 with adapted courses preparing for the new Foundation paper F of 2025. In parallel, CEIPI will continue to provide training courses for papers A, B, C and D of the EQE 2025 and 2026.