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Paper M2 practice questions

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Question 1EQE M2: European and international patent-procedure reasoning

A European divisional application is filed on 15 May 2026. At the time of filing, the third and fourth renewal fees for the parent application have already become due. Under Rule 51(3) EPC, within what time limit must these renewal fees be paid for the divisional application?

  1. Within four months of the filing date of the divisional application. Correct answer.
  2. Within six months of the filing date of the divisional application, with a 50% surcharge.
  3. On the next standard due date for renewal fees of the parent application.
  4. Within two months of the publication of the search report of the divisional application.

Explanation

Under Rule51(3) EPC, renewal fees already due for the parent at divisional filing also become due for the divisional and may be paid within four months from divisional filing without an additional fee. If late, they may still be paid within six months from that SAME divisional filing date with the required additional fee. It is not a further six months after the four-month period. A later renewal fee falling due within that period has its own due-date analysis.

Question 2EQE M2: European and international patent-procedure reasoning

A European patent application is filed on 10 April 2026. The applicant wishes to claim priority from an earlier national application filed on 10 April 2025. However, 10 April 2026 is a public holiday in Munich. When is the last day to file the European application and successfully claim priority?

  1. The application must have been filed by 9 April 2026 to avoid priority loss.
  2. The application can be filed on the next working day, 13 April 2026, and the priority claim is valid under Rule 134(1) EPC. Correct answer.
  3. The application must be filed on 10 April 2026 electronically, as digital filing is unaffected by public holidays.
  4. The priority period cannot be extended under Rule 134(1) EPC; hence, priority is irrevocably lost.

Explanation

Rule 134(1) EPC applies to all time limits, including the 12-month priority period under Article 87(1) EPC. If the priority period expires on a day when the EPO is closed for receipt of documents, the period is extended to the first day thereafter on which the EPO is open (in this case, Monday, 13 April 2026).

Question 3EQE M2: European and international patent-procedure reasoning

A renewal fee for a European patent application is due on 31 March 2026. The applicant fails to pay it. Under Rule 51(2) EPC, what is the deadline to pay the renewal fee with an additional 50% surcharge?

  1. Within six months of the end of the month in which the renewal fee was due (i.e. by 30 September 2026). Correct answer.
  2. Within two months of the notification of a communication of loss of rights.
  3. Within six months of the due date (i.e. by 30 September 2026) or within two months of notification of the search report, whichever is later.
  4. The renewal fee cannot be paid late; the application is deemed withdrawn on 31 March 2026.

Explanation

Rule 51(2) EPC states that if a renewal fee is not paid in due time, it may still be paid within six months of the due date, provided that the additional fee (50% surcharge) is paid within this period. Since the fee was due on the last day of March 2026, the 6-month period ends on the last day of the sixth month, which is 30 September 2026.

Question 4EQE M2: European and international patent-procedure reasoning

According to Rule 50(3) EPC, if a document filed with the EPO is not signed, the EPO shall invite the party concerned to sign it within a time limit. What happens if the document is signed and returned within that time limit?

  1. The document retains its original date of receipt. Correct answer.
  2. The date of receipt is changed to the date the signed document was received.
  3. The document is deemed not to have been received.
  4. A fine is levied, but the document is processed.

Explanation

Rule 50(3) EPC states that if a document is not signed, the EPO invites the party to sign it within a specified limit. If signed in due time, the document retains its original date of receipt; otherwise, it is deemed not to have been received.

Question 5EQE M2: European and international patent-procedure reasoning

An applicant fails to reply to an Article 94(3) EPC communication within the 4-month period set by the Examining Division. What is the immediate legal consequence under Article 94(2) EPC?

  1. The application is rejected by the Examining Division.
  2. The application is deemed to be withdrawn. Correct answer.
  3. A late payment fee is automatically charged to the applicant's account.
  4. The application is suspended for a period of six months.

Explanation

Article 94(2) EPC states that if the applicant fails to reply in due time to any communication from the Examining Division, the application is deemed to be withdrawn.

Question 6EQE M2: European and international patent-procedure reasoning

An applicant files a European application and forgets to claim priority from their earlier application. Under Rule 52(2) EPC, when is the latest time that a priority declaration can be added or corrected?

  1. Within 16 months from the earliest priority date claimed, or if the correction causes a change in the priority date, within 16 months from the corrected priority date, whichever expires first. Correct answer.
  2. At any time before the Examining Division issues the communication intending to grant the patent.
  3. Within 12 months from the filing date of the European patent application.
  4. Only within two months of the filing date of the European patent application.

Explanation

Rule 52(2) EPC states that the applicant may add or correct a priority claim within 16 months of the earliest priority date claimed, or where the addition or correction causes a change in the priority date, within 16 months of the priority date as changed, whichever period expires first. The addition/correction must be made before publication.

Question 7EQE M2: European and international patent-procedure reasoning

An applicant files a European application in Italian. Under Rule 6(1) EPC, within what time limit must the English, French, or German translation be filed?

  1. Within one month of filing the application
  2. Within two months of filing the application Correct answer.
  3. Within three months of filing the application
  4. Within six months of filing the application

Explanation

Rule 6(1) EPC requires that a translation of a European application filed in a non-EPO language under Article 14(2) EPC must be filed within two months of filing the application.

Question 8EQE M2: European and international patent-procedure reasoning

An applicant files an application by reference to a Japanese patent application. The applicant fails to file the translation into English, French, or German within the two-month period under Rule 40(3) EPC. What is the consequence and remedy?

  1. The application is deemed withdrawn; the remedy is Further Processing under Article 121 EPC.
  2. The application is deemed not to have been filed; the applicant must re-file and will lose the original filing date. Correct answer.
  3. The application remains pending, but a surcharge of 50% of the filing fee is applied.
  4. The translation can be filed late with no consequences within 6 months of the search report.

Explanation

Under Rule 40(3) EPC, if the applicant fails to file the certified copy or the translation within two months of the filing date, the application is deemed not to have been filed under Article 90(2) EPC. Because the application was never established, Further Processing is not available (as there is no application to process); the applicant must re-file.

Question 9EQE M2: European and international patent-procedure reasoning

An applicant from an EPC contracting state files a European patent application in a non-EPO language (e.g. Spanish) and is eligible for the Rule 6(3) fee reduction. For which of the following fees is the 30% reduction applicable?

  1. The filing fee only
  2. The filing fee, the search fee, the designation fee, and the examination fee
  3. Only the filing fee and the examination fee Correct answer.
  4. The filing fee, the search fee, the examination fee, the designation fee, the claims fee, and the renewal fees

Explanation

Rule 6(3) EPC in combination with the Rules relating to Fees provides a 30% reduction only for the filing fee and the examination fee (and any fee for further search if applicable), not for other fees such as search, designation, claims, or renewal fees.

Question 10EQE M2: European and international patent-procedure reasoning

An applicant misses a deadline set by the EPO to reply to an Article 94(3) communication. The applicant wishes to request Further Processing. What are the requirements and the time limit under Article 121 and Rule 135(1) EPC?

  1. The request must be filed within two months of the notification of the communication of withdrawal; the omitted act must be completed and the further processing fee paid. Correct answer.
  2. The request must be filed within one year from the expiry of the missed time limit, accompanied by a showing of all due care.
  3. The request must be filed within two months of the missed deadline itself; the omitted act must be completed and no fee is required.
  4. The request must be filed within six months of the notification of the loss of rights; the further processing fee is double the original fee.

Explanation

Under Article 121(1) and Rule 135(1) EPC, Further Processing must be requested within two months of the communication concerning either the failure to observe a time limit or a loss of rights. The omitted act must be completed within this period, and the prescribed further processing fee must be paid.

Question 11EQE M2: European and international patent-procedure reasoning

An applicant receives an EPO communication dated 12 January 2026 notifying them of a deficiency. The communication sets a 4-month response period. The applicant actually receives the physical document on 25 January 2026. Under Rule 126(2) EPC, what is the correct extension to the period and when does it expire?

  1. No extension applies, and the deadline expires on 12 May 2026.
  2. The period is extended by 3 days, and the deadline expires on 15 May 2026.
  3. The period is extended by 6 days, and the deadline expires on 18 May 2026. Correct answer.
  4. The period is extended by 13 days, and the deadline expires on 25 May 2026.

Explanation

Under the current Rule 126(2) EPC (post-November 2023), the 10-day notification rule is abolished, and documents are deemed notified on the date they bear. However, a safety net applies if delivery occurs more than 7 days after the document date. In this case, delivery took 13 days (25 - 12 = 13). The extension is the number of days exceeding 7, which is 13 - 7 = 6 days. The original deadline of 12 May 2026 is therefore extended by 6 days to 18 May 2026.

Question 12EQE M2: European and international patent-procedure reasoning

An applicant wishes to request Re-establishment of Rights in respect of the 12-month priority period. Under Rule 136(1) EPC, what is the specific time limit for filing this request?

  1. Within two months of the expiry of the priority period (i.e. within 14 months from the priority date). Correct answer.
  2. Within one year from the expiry of the priority period.
  3. Within two months of the notification of the loss of rights.
  4. Within six months of the filing date of the European patent application.

Explanation

Rule 136(1) EPC contains a specific exception for the priority period: the request for re-establishment of rights in respect of the priority period (Article 87(1) EPC) must be filed within two months of the expiry of that period. This means the request must be filed within 14 months of the priority date.

Question 13EQE M2: European and international patent-procedure reasoning

An applicant wishes to request Re-establishment of Rights under Article 122 EPC after missing a deadline. Under Rule 136(1) EPC, what is the absolute deadline for filing this request?

  1. Within two months of the removal of the cause of non-compliance, but no later than one year after the expiry of the unobserved time limit. Correct answer.
  2. Within six months of the removal of the cause of non-compliance, but no later than two years after the missed deadline.
  3. Within two months of the notification of the loss of rights.
  4. Within one year of the removal of the cause of non-compliance, with no absolute upper limit.

Explanation

Rule 136(1) EPC states that the request for re-establishment must be filed in writing within two months of the removal of the cause of non-compliance. The omitted act must be completed within this period. The request is only admissible within one year of the expiry of the unobserved time limit.

Question 14EQE M2: European and international patent-procedure reasoning

An EPO communication is dated 28 February 2026 and sets a 2-month response period. Under Rule 131(4) EPC, on which date does this period expire?

  1. 28 April 2026 Correct answer.
  2. 30 April 2026
  3. 1 May 2026
  4. 28 May 2026

Explanation

Rule 131(4) EPC states that a period expressed in months shall expire in the relevant subsequent month on the day which has the same number as the day on which the event occurred. The notification occurs on 28 February 2026 (the date it bears), so a 2-month period expires on 28 April 2026.

Question 15EQE M2: European and international patent-procedure reasoning

An EPO communication is dated 31 August 2026 and sets a 5-month response period. Under Rule 131(4) EPC, on which date does this period expire?

  1. 31 January 2027 Correct answer.
  2. 30 January 2027
  3. 28 February 2027
  4. 31 December 2026

Explanation

Under Rule 131(4) EPC, the period expires in the relevant subsequent month (January 2027, which is 5 months after August 2026) on the day with the same number (the 31st). Therefore, the deadline is 31 January 2027.

Question 16EQE M2: European and international patent-procedure reasoning

Due to an earthquake, mail delivery in a region of an EPC contracting state is disrupted for two weeks. An applicant residing in that region misses an EPO deadline. How does Rule 134(5) EPC safeguard the applicant?

  1. The applicant must request Further Processing and pay the relevant fees.
  2. The late-filed document is deemed to have been received in due time, provided the applicant submits evidence that the disruption occurred on any of the ten days preceding the expiry of the time limit, and the dispatch was effected no later than five days after the disruption ended. Correct answer.
  3. The deadline is automatically extended by 6 months for all applicants in that country.
  4. The applicant must file for Re-establishment of Rights under Article 122 EPC within 2 months of the end of disruption.

Explanation

Rule 134(5) EPC provides that a document received late is deemed to have been received in due time if the applicant offers evidence that mail delivery was disrupted on any of the ten days preceding the day of expiry of the time limit due to exceptional circumstances (like natural disasters), provided that the mailing or transmission was effected no later than five days after the end of the disruption.

Question 17EQE M2: European and international patent-procedure reasoning

For which of the following time limits is Further Processing under Article 121 EPC explicitly excluded by the provisions of Rule 135(2) EPC?

  1. The time limit to reply to the European search opinion under Rule 70a(2) EPC
  2. The time limit for requesting examination under Article 94(2) EPC
  3. The priority period of 12 months under Article 87(1) EPC Correct answer.
  4. The time limit to reply to a communication under Article 94(3) EPC

Explanation

Rule 135(2) EPC excludes several time limits from Further Processing, including the priority period under Article 87(1) EPC (which must be remedied via Re-establishment of Rights under Article 122 EPC or restoration under PCT rules) and the time limits for requesting further processing or re-establishment itself.

Question 18EQE M2: European and international patent-procedure reasoning

If a time limit for responding to an EPO communication expires on a Saturday, Sunday, or other day when the EPO is closed for receipt of documents, how is the period extended under Rule 134(1) EPC?

  1. It is extended to the first day following that is not a Saturday, Sunday, or official holiday. Correct answer.
  2. It is extended by exactly two working days.
  3. No extension is granted, and the response must be received by the Friday before.
  4. It is extended by one calendar week from the original expiration date.

Explanation

Rule 134(1) EPC provides that if a time limit expires on a day on which one of the filing offices of the EPO is not open for receipt of documents, or on which mail is not delivered, the time limit is extended to the first day thereafter on which all the filing offices are open for receipt of documents and on which mail is delivered.

Question 19EQE M2: European and international patent-procedure reasoning

The EPO issues a communication under Rule 71(3) EPC dated 5 February 2026 intending to grant a patent. The applicant fails to pay the grant and publishing fees or file the translations of the claims within the 4-month period. Which remedy is available?

  1. Only Re-establishment of rights under Article 122 EPC, requiring proof of all due care.
  2. Further Processing under Article 121 EPC, by paying the fees and filing the translations within 2 months of the notification of loss of rights, along with a further processing fee. Correct answer.
  3. No remedy is available, as the Rule 71(3) communication is an absolute deadline.
  4. An automatic 2-month extension of the period can be requested without fees.

Explanation

The failure to reply to a Rule 71(3) communication can be remedied via Further Processing under Article 121 EPC. The applicant must pay the grant/publishing fees, file the claim translations, and pay the further processing fee within two months of notification of the communication of loss of rights (Rule 135(1) EPC).

Question 20EQE M2: European and international patent-procedure reasoning

To succeed in a request for Re-establishment of Rights under Article 122 EPC, what substantive standard must the applicant show to have met?

  1. The failure to observe the time limit was unintentional.
  2. The applicant took all due care required by the circumstances. Correct answer.
  3. The applicant faced force majeure or exceptional circumstances.
  4. The failure was due to a technical error on the EPO's online portal.

Explanation

Article 122(1) EPC states that an applicant who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit vis-a-vis the EPO, shall have their rights re-established upon request. The standard of 'all due care' is strictly interpreted by the Boards of Appeal.

Question 21EQE M2: European and international patent-procedure reasoning

Under Article 133(2) EPC, natural or legal persons not having their residence or principal place of business in an EPC contracting state must be represented by a professional representative and act through him in all proceedings established by the EPC, except for which of the following acts?

  1. Filing a European patent application Correct answer.
  2. Paying renewal fees
  3. Filing an opposition
  4. Filing a divisional application

Explanation

Article 133(2) EPC states that non-residents must be represented in all proceedings before the EPO, except for filing a European patent application. However, once the application is filed, a representative must be appointed to perform subsequent acts.

Question 22EQE M2: European and international patent-procedure reasoning

Under Article 14(2) EPC, what is the default time limit for filing a translation of a European patent application that was filed in an official language of a contracting state other than English, French, or German?

  1. One month from the filing date of the application
  2. Two months from the filing date of the application Correct answer.
  3. Six months from the filing date of the application
  4. Thirty-one months from the filing date of the application

Explanation

Rule 6(1) EPC states that the translation of the European patent application under Article 14(2) EPC must be filed within two months of filing the application. Failure to file the translation in due time leads to the application being deemed withdrawn under Article 90(5) EPC.

Question 23EQE M2: European and international patent-procedure reasoning

Under Article 75(1)(b) EPC, a European patent application may be filed with the central industrial property office of a contracting state. Which of the following applications CANNOT be filed at a national office?

  1. A direct European patent application
  2. A European divisional application Correct answer.
  3. A PCT application designating the EPO
  4. An application claiming priority from a US application

Explanation

Rule 36(2) EPC explicitly states that a European divisional application must be filed directly with the EPO in Munich, The Hague, or Berlin. It cannot be filed with a national patent office of a contracting state.

Question 24EQE M2: European and international patent-procedure reasoning

Under Article 9(1) of the Rules relating to Fees, the search fee paid for a European application shall be refunded in full if which of the following conditions is met?

  1. The application is withdrawn or refused before the EPO has started drawing up the search report. Correct answer.
  2. The search report is completed but contains no relevant prior art.
  3. The applicant files a request for Further Processing.
  4. The search fee is refunded in full if the application is a divisional application.

Explanation

Article 9(1) of the Rules relating to Fees states that the search fee shall be refunded in full if the European patent application is withdrawn, refused, or deemed to be withdrawn before the EPO has started drawing up the search report.

Question 25EQE M2: European and international patent-procedure reasoning

Under Rule 132(2) EPC, a time limit specified by the EPO may be extended. Within what period must a request for extension of a time limit be filed to be effective?

  1. Before the expiry of the time limit in question Correct answer.
  2. Within two months after the expiry of the time limit
  3. At any time, provided Further Processing is requested simultaneously
  4. Only within the first month of the set period

Explanation

According to the EPO Guidelines for Examination, a request for extension of a time limit must be filed in writing before the expiry of the period. Extensions requested after the period has expired are ineffective.

Question 26EQE M2: European and international patent-procedure reasoning

Under Rule 152 EPC, if a professional representative is requested by the EPO to file a signed authorization, what is the default time limit set by the EPO to file it?

  1. One month
  2. Two months Correct answer.
  3. Three months
  4. Four months

Explanation

If the EPO requires an authorization to be filed under Rule 152 EPC, it invites the representative to file it within a period of two months. If it is not filed in time, the representative's procedural steps are deemed not to have been taken.

Question 27EQE M2: European and international patent-procedure reasoning

Under Rule 39(1) EPC, within what time limit must the designation fee be paid for a European patent application?

  1. Within six months of the date on which the European Patent Bulletin mentions the publication of the European search report. Correct answer.
  2. Within one month of filing the application.
  3. Within two months of filing the application.
  4. Within thirty-one months of the priority date.

Explanation

Rule 39(1) EPC states that the designation fee must be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report.

Question 28EQE M2: European and international patent-procedure reasoning

Under Rule 40(1)(c) EPC, an applicant may file a European patent application by reference to a previously filed application. What must be filed within two months of the filing date to maintain the filing date?

  1. The claims and the description of the previous application
  2. A certified copy of the previously filed application and, if not in an official EPO language, its translation Correct answer.
  3. A request for examination and the search fee
  4. The names of all inventors and their written consents

Explanation

Rule 40(3) EPC states that where the application is filed by reference, a certified copy of the previously filed application must be filed within two months of the filing date. If the previous application was not in an official language of the EPO, a translation must also be filed within the same period.

Question 29EQE M2: European and international patent-procedure reasoning

What is the standard time limit for paying the filing fee and the search fee for a direct European patent application under Rule 38(1) and (2) EPC?

  1. One month from the filing date of the application Correct answer.
  2. Two months from the filing date of the application
  3. Three months from the filing date of the application
  4. Six months from the publication of the search report

Explanation

Under Rule 38(1) EPC (filing fee) and Rule 38(2) EPC (search fee), the filing fee and search fee must be paid within one month of filing the European patent application.

Question 30EQE M2: European and international patent-procedure reasoning

Which of the following bodies is eligible for a 30% reduction in the filing fee under Rule 6(3) and (4) EPC when filing a European patent application in an official language of an EPC contracting state that is not English, French, or German?

  1. Any corporation, regardless of its size, provided its principal place of business is in Switzerland
  2. A small or medium-sized enterprise (SME), natural person, non-profit organization, university, or public research organization Correct answer.
  3. Only natural persons who are residents of a developing country as defined by the World Bank
  4. Only public research institutions located in the European Union

Explanation

Rule 6(4) EPC specifies that the 30% fee reduction under Rule 6(3) EPC is available for small and medium-sized enterprises (SMEs), natural persons, non-profit organizations, universities, and public research organizations, provided they satisfy the language requirements (filing in an official language of a contracting state other than English, French, or German).

Question 31EQE M2: European and international patent-procedure reasoning

An applicant files a divisional application. Can the divisional application contain subject-matter that extends beyond the content of the parent application as filed?

  1. Yes, provided the parent application is still pending.
  2. No. Under Article 76(1) EPC, a divisional application may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed. Correct answer.
  3. Yes, if the applicant claims priority from a new intermediate application.
  4. Yes, but only if the added subject-matter is technically obvious.

Explanation

Article 76(1) EPC states that a European divisional application may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed. If it does, it violates Article 76(1) EPC, which is a ground for opposition and revocation.

Question 32EQE M2: European and international patent-procedure reasoning

An applicant notices a typographical error in the claims of a pending application. Under Rule 139 EPC, when is a correction of an error in a document filed with the EPO allowable?

  1. Only if it is obvious that nothing else could have been intended than what is offered as the correction. Correct answer.
  2. Only if the applicant pays a correction fee of €200.
  3. At any time, even after the patent has expired, with no restrictions.
  4. Only within the first month of the filing date.

Explanation

Rule 139, second sentence, EPC states that if the request for correction concerns the description, claims, or drawings, the correction must be obvious in the sense that it is immediately evident that nothing else would have been intended than what is offered as the correction.

Question 33EQE M2: European and international patent-procedure reasoning

An applicant receives a communication under Rule 71(3) EPC proposing grant. The applicant wishes to make minor amendments to the description. Under Rule 137(3) EPC, what must the applicant do?

  1. File the amendments as of right along with the translations of the claims and pay the grant fee.
  2. The applicant has no right to amend at this stage; they must file a divisional application to protect the amended subject-matter.
  3. File the amendments and request the consent of the Examining Division. If the Division consents, it will issue a new Rule 71(3) communication. Correct answer.
  4. Pay an amendment fee of €500 to force the Examining Division to accept the changes.

Explanation

If the applicant wishes to amend the application after the Rule 71(3) communication is issued, they must submit the amendments and request consent. If the Examining Division consents, it will resume examination and issue a new Rule 71(3) communication. If it refuses, it will issue a decision or resume proceedings.

Question 34EQE M2: European and international patent-procedure reasoning

An applicant wishes to request validation of their European patent in a validation state (e.g. Morocco). Under the validation agreements, what is the deadline to pay the validation fee to the EPO?

  1. Within six months of the date on which the European Patent Bulletin mentions the publication of the European search report. Correct answer.
  2. Within one month of filing the application.
  3. Within two years of the priority date.
  4. At any time before the patent is granted.

Explanation

The validation fee for a validation state must be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report (the same deadline as for the designation fee under Rule 39(1) EPC).

Question 35EQE M2: European and international patent-procedure reasoning

An Examining Division refuses a European patent application in oral proceedings. The written decision is notified on 15 May 2026. The applicant wishes to file a divisional application. What is the latest date by which the divisional application can be filed?

  1. 15 May 2026, because pendency ends immediately upon the oral announcement of the refusal.
  2. Before the expiry of the 2-month period for filing a notice of appeal (i.e. by 15 July 2026), even if no appeal is filed. Correct answer.
  3. Only if an appeal is filed, in which case the divisional can be filed at any time during the appeal proceedings.
  4. Within six months of the written decision of refusal.

Explanation

According to the Enlarged Board of Appeal decision G 1/09, a refused European patent application remains pending until the expiry of the two-month period for filing an appeal, regardless of whether an appeal is actually filed. Thus, a divisional application can be validly filed at any time before the expiry of the appeal period (i.e. by 15 July 2026). If an appeal is filed, the application remains pending during the appeal proceedings, allowing a divisional to be filed even later.

Question 36EQE M2: European and international patent-procedure reasoning

Article 123(2) EPC states that a European patent application or patent may not be amended in such a way that it contains subject-matter which extends beyond the content of the application as filed. What is the key legal basis for assessing compliance with this article?

  1. The claims as amended during search
  2. The application as originally filed (description, claims, and drawings) Correct answer.
  3. The abstract of the application
  4. The priority document from which priority is claimed

Explanation

Compliance with Article 123(2) EPC is assessed against the disclosure of the application as originally filed. Amendments must be directly and unambiguously derivable from the original description, claims, and drawings by a skilled person using common general knowledge.

Question 37EQE M2: European and international patent-procedure reasoning

During oral proceedings before the Examining Division, the applicant submits amended claims that are not accepted by the Division. The Examining Division refuses the application. Which of the following is correct regarding the minutes of the oral proceedings?

  1. The minutes must contain a full transcript of everything said during the proceedings.
  2. The minutes must record the essential proceedings and the legal statements made by the parties under Rule 124(1) EPC. Correct answer.
  3. The minutes are confidential and only visible to the EPO.
  4. The minutes can only be challenged if the applicant files a new patent application.

Explanation

Rule 124(1) EPC states that minutes of oral proceedings and of taking evidence shall be drawn up, recording the essentials of the oral proceedings or taking of evidence, the relevant statements made by the parties, the testimony of experts/witnesses, and any inspection.

Question 38EQE M2: European and international patent-procedure reasoning

If the claims fees under Rule 45(1) EPC are not paid in due time upon filing a European application, what is the consequence and remedy?

  1. The application is deemed withdrawn immediately.
  2. The claims in question are deemed to be abandoned, unless the fees and a surcharge are paid within a one-month grace period after notification of a communication. Correct answer.
  3. The claims fees are automatically debited from the representative's account with no grace period.
  4. The application is rejected under Article 90(5) EPC.

Explanation

Rule 45(2) EPC states that if the claims fees are not paid in due time, they may still be paid within a period of grace of one month after notification of a communication pointing out the failure. If not paid in time, the claims concerned are deemed to be abandoned.

Question 39EQE M2: European and international patent-procedure reasoning

If the request for examination is not filed in due time under Rule 70(1) EPC, what is the consequence under Article 94(2) EPC?

  1. The application is rejected.
  2. The application is deemed to be withdrawn. Correct answer.
  3. The application is suspended until a fee is paid.
  4. The search report is declared void.

Explanation

Article 94(2) EPC states that if the request for examination is not filed in due time, the application is deemed to be withdrawn.

Question 40EQE M2: European and international patent-procedure reasoning

The Search Division finds that a European patent application does not comply with the requirement of unity of invention under Article 82 EPC. What is the procedure under Rule 64(1) EPC?

  1. The Search Division refuses the application.
  2. The Search Division draws up a partial search report on the first invention and invites the applicant to pay a further search fee for each additional invention within two months. Correct answer.
  3. The applicant is forced to file divisional applications for all additional inventions immediately.
  4. The Search Division performs the search for all inventions and charges a double fee later.

Explanation

Rule 64(1) EPC provides that if the Search Division considers that the application does not comply with the unity of invention requirement, it draws up a partial search report on the first invention and invites the applicant to pay further search fees within a period of two months if they want the other inventions searched.

Question 41EQE M2: European and international patent-procedure reasoning

Under Article 115 EPC, when can any third party file observations concerning the patentability of the invention to which a European patent application relates?

  1. Only after the mention of the grant of the patent
  2. Only during the opposition proceedings
  3. Following the publication of the European patent application and before the patent is granted Correct answer.
  4. Only within three months of the filing date

Explanation

Article 115 EPC states that in proceedings before the EPO, any third party may, following the publication of the European patent application, present observations concerning the patentability of the invention. These observations must be filed in writing.

Question 42EQE M2: European and international patent-procedure reasoning

Under Article 128(4) EPC, when can the files of a European patent application be inspected by the public without the consent of the applicant?

  1. Immediately upon the filing of the application
  2. Only after the patent is granted
  3. Once the application has been published Correct answer.
  4. Only during oral proceedings

Explanation

Article 128(4) EPC states that subsequent to the publication of the European patent application, the files relating to the application and the resulting patent may be inspected on request, subject to the restrictions in the Implementing Regulations.

Question 43EQE M2: European and international patent-procedure reasoning

Under Article 94(1) and Rule 70(1) EPC, within what period must the request for examination be filed and the examination fee paid?

  1. Within six months of the date on which the European Patent Bulletin mentions the publication of the European search report. Correct answer.
  2. Within two months of the filing date of the application.
  3. Within one year from the priority date.
  4. Within thirty-one months of the filing date.

Explanation

Rule 70(1) EPC states that the request for examination must be filed within six months of the date on which the European Patent Bulletin mentions the publication of the European search report. The examination fee must also be paid within this period.

Question 44EQE M2: European and international patent-procedure reasoning

Under Rule 132(2) EPC, what is the maximum extension of a time limit that can be requested for responding to an Article 94(3) EPC communication?

  1. An extension of up to 2 months, provided the total period does not exceed six months. Correct answer.
  2. An extension of up to 6 months, with no upper limit.
  3. No extension is possible for Article 94(3) communications.
  4. Only a single extension of 1 month is permitted.

Explanation

According to the EPO Guidelines, extensions of time limits set by the EPO (usually 4 months for Article 94(3) communications) are granted upon request for up to 2 months, provided the total period does not exceed 6 months. Requests for longer extensions require a showing of exceptional circumstances.

Question 45EQE M2: European and international patent-procedure reasoning

Under Rule 137(3) EPC, after the applicant has received the first communication from the Examining Division, what are the requirements for making further amendments to the application?

  1. Amendments are a matter of right and cannot be refused.
  2. Amendments may only be made with the consent of the Examining Division. Correct answer.
  3. No amendments are permitted under any circumstances.
  4. Amendments are only permitted if the applicant pays a claim amendment fee.

Explanation

Rule 137(3) EPC states that after the first communication from the Examining Division, no further amendment may be made to the description, claims, or drawings without the consent of the Examining Division. The Division exercises its discretion based on whether the amendments facilitate the grant process.

Question 46EQE M2: European and international patent-procedure reasoning

Under Rule 45(1) EPC, for a European patent application, from which claim number onward must claims fees be paid?

  1. From the 11th claim
  2. From the 16th claim Correct answer.
  3. From the 21st claim
  4. From the 51st claim

Explanation

Rule 45(1) EPC states that claims fees must be paid for the sixteenth and each subsequent claim. The fee is higher for claims exceeding 50.

Question 47EQE M2: European and international patent-procedure reasoning

Under Rule 70a(1) EPC, if the European search report is accompanied by a search opinion, the applicant must reply to it. What is the time limit for filing this reply?

  1. Within the period for requesting examination under Rule 70(1) EPC (i.e. within 6 months of mention of publication of the search report). Correct answer.
  2. Within two months of the receipt of the search opinion.
  3. Within four months of the notification of the search report.
  4. Before the Examining Division begins substantive examination.

Explanation

Rule 70a(1) EPC states that the applicant must respond to the search opinion within the time limit for requesting examination under Rule 70(1) EPC (which is six months from the mention of publication of the search report).

Question 48EQE M2: European and international patent-procedure reasoning

Upon entry into the European phase of a PCT application, the EPO issues a communication under Rule 161/162 EPC. What is the time limit for the applicant to amend the application and pay any outstanding claims fees?

  1. One month from the notification of the communication
  2. Two months from the notification of the communication
  3. Six months from the notification of the communication Correct answer.
  4. Thirty-one months from the priority date

Explanation

Rule 161(1) and Rule 162(2) EPC provide a period of six months from the notification of the communication for the applicant to amend the application, respond to the search report/opinion, and pay any outstanding claims fees.

Question 49EQE M2: European and international patent-procedure reasoning

What is the legal consequence if an applicant fails to respond to a mandatory European search opinion in due time under Rule 70a(2) EPC?

  1. The application is rejected by the Search Division.
  2. The application is deemed to be withdrawn. Correct answer.
  3. A penalty fee is charged, and the search report is republishing.
  4. Substantive examination begins automatically without amendments.

Explanation

Rule 70a(2) EPC states that if the applicant fails to reply to the search opinion in due time, the European patent application is deemed to be withdrawn.

Question 50EQE M2: European and international patent-procedure reasoning

A third party institutes entitlement proceedings against an applicant claiming the right to the European application. Under Rule 14(1) EPC, what is the consequence for the pending patent application?

  1. The application is automatically refused by the EPO.
  2. The EPO stays the proceedings for grant, unless the third party consents in writing to the continuation of the proceedings. Correct answer.
  3. The application is transferred to the third party within 30 days.
  4. The application proceeds to grant, but the patent is held in escrow.

Explanation

Rule 14(1) EPC provides that if a third party provides proof that they have opened entitlement proceedings against the applicant, the EPO shall stay the proceedings for grant, unless the third party consents in writing to the continuation of such proceedings. The stay prevents the applicant from withdrawing the application.