Thursday, November 05, 2026 EPAC Exam 2026 Module 1 Patent law (Foundations)

 Dear all,

Our impression is that it was a nice exam. However, we have no idea how it will be marked, how points are awarded for certain questions and how many points you need to pass. 

We will see.

Here is our attempt at making this exam. You are welcome to comment. Please do not respond as 'anonymous, because we may have a problem responding to different anonymous. You can choose any 'name/alias' for yourself.

Jelle Hoekstra, Tanja la Cour Hoekstra

Question 1 (2 points) – Role of EPO

The EPO can grant rights for the following types of Intellectual Property for all EPC contracting states

	True	False
European utility models for technical inventions		✓
Trademarks		✓
Designs		✓
European patents for technical inventions	✓
Copyrights for literature (e.g. books)		✓
Films		✓

 Legal basis: Involvement of EPO: only in searching/examining and granting European patents (European patent applications) – Art.1, 2, 4(1) EPC

 Question 2 (2 points) – Language requirements for filing EP application

Applicant A, a Danish national, resident in Copenhagen, Denmark, would like to file a patent application for an invention.

The application documents, i.e. description and claims, have been prepared and are now available in Danish and Italian.

	True	False
The application can be validly filed at the EPO as a European patent application under the EPC in Italian	✓
The application can be validly filed at the EPO as a European patent application under the EPC in Danish	✓
The application can be validly filed at the EPO as a European patent application under the EPC only in English, French or German		✓
The application can be validly filed at the EPO as a European patent application under the EPC in any language	✓

 

Legal basis: Art.14(2) EPC A European patent application shall be filed in one of the official languages or, if filed in any other language, translated into one of the official languages.

 

Question 3 (4 points) – Criteria for a European patent to be granted

For European patents to be granted the invention must fulfill the following requirements:

	True	False
It must be new	✓
It must demonstrate commercial success		✓
It must involve an inventive step	✓
The application covering the invention must be filed by a company or private person resident in an EPC contracting state		✓
It must be susceptible of industrial application	✓
The inventor must be a resident or national of an EPC contracting state		✓

 

Legal basis:

Four basic requirements for patentability – Art.52(1) EPC:

1. there must be an "invention", belonging to any field of technology (Art.52(1), (2), (3) EPC; GL G‑II)
   Technical character is an implicit requirement for there to be an "invention" within the meaning of Art. 52(1) EPC (requirement (i) above; see GL G‑II, 1 and 2 for more details).
2. the invention must be "susceptible of industrial application" (Art.52(1), 57 EPC; GL G‑III)
3. the invention must be "new" (Art.52(1), 54 EPC; GL G‑IV to VI) and
4. the invention must involve an "inventive step" (Art.52(1), 56; GL G‑VII).

In addition:

•     the invention must be such that a person skilled in the art ‒ after proper instruction by the application ‒ can carry it out (GL F‑III, 3 for instances where this requirement is not met) [Art.83 EPC]

•     the invention must relate to a technical field (R.42(1)(a) – GL F‑II, 4.2), must be concerned with a technical problem (R.42(1)(c) – see GL F‑II, 4.5) and must have technical features in terms of which the matter for which protection is sought can be defined in the claim (R.43(1) – GL F‑IV, 2.1).

 

Question 4 (3 points) – Last day to file EP application in light of upcoming publication

Mr B will publish his research work in a science magazine on 1.12.2026. The publication will include all relevant and enabling details about a technical invention. Mr B would like to file a European patent application to obtain patent protection for his invention.

What is the latest date on which the science publication of 1.12.2026 will not constitue prior art against the European patent application he intends to file?

 Answer: 1.12.2026

 Legal basis: An invention is new if it does not form part of the state of the art – Art.54(1) EPC; G-IV 1. The state of the art (=prior art) is anything known to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the EP application – Art.52(4) EPC; GL G-IV 1. A publication ON the date of filing is NOT state of the art. You can still file an application after a publication as long it is on the same date.

  

Question 5 (3 points) – Claiming priority

Company A validly filed a national Danish patent application DK-1 for invention X as a first filing at the Danish Patent ant Trade Mark Office (DKPTO) on 1.7.2026. A would now like to try to obtain patent protection in other countries, especially Germany.

	True	False
During a period of twelve months from the date of filing of the first application DK-1, Company A can file a European patent application at the EPO validly claiming priority from DK-1.	✓
During a period of eighteen months from the date of filing of the first application DK-1, Company A can file an International patent application under the PCT validly claiming priority from DK-1.		✓
During a period of maximum six months from the date of filing of the first application DK-1, Company A can file a national patent application at the German Patent and Trade Mark Office (DPMA) EPO validly claiming priority from DK-1.		✓

 

Legal basis: to validly claim priority the later application must be within 12 months [For a later EP application: Art.87(1), A-III 6.6; for later national application: PC Art.4C(1)]

  

Question 6 (3 points) – Filing an opposition

The publication of mention of the grant for European patent EP-X took place on 1.7.2026. Company Y wants to file an opposition against EP-X.

	True	False
The filing of an opposition is free of charge. No fee needs to be paid by Company Y.		✓
The opposition can be filed up to 12 months after the date of the publication of mention of the grant.		✓
Company Y must have registered place of business in an EPC contracting state.		✓

 

Legal basis: Art.99(1) Within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin, any person may give notice to the European Patent Office of opposition to that patent, in accordance with the Implementing Regulations. Notice of opposition shall not be deemed to have been filed until the opposition fee has been paid. GL D-III 1 and 2.

  

Question 7 (4 points) – Appeal after refusal of an EP application

The examining division refused a European patent application by a decision date 1.7.2026. The applicant would now like to file an appeal.

	True	False
Notice of appeal shall be filed, in accordance with the Implementing Regulations, at the European Patent Office within two months of notification of the decision.	✓
Notice of appeal shall not be deemed to have been filed until the fee for appeal has been paid.	✓
Within six months of notification of the decision, a statement setting out the grounds of appeal shall be filed in accordance with the Implementing Regulations.		✓
Decisions of the European Patent Office may only be based on grounds of evidence on which the parties concerned have had an opportunity to present their comments.	✓

 

Legal basis: Art.108; Notice of appeal shall be filed, in accordance with the Implementing Regulations, at the European Patent Office within two months of notification of the decision. Notice of appeal shall not be deemed to have been filed until the fee for appeal has been paid. Within four months of notification of the decision, a statement setting out the grounds of appeal shall be filed. GL E-XI 6

  

Question 8 (3 points) – How to file an EP application

A European patent application may be filed:

	True	False
By hand delivery to the EPO in Munich, the Hague and Berlin	✓
By electronic means, using Online Filing 2.0 or Contingency Upload Server Service	✓
By Fax		✓
By email		✓

 

Legal basis: R.2 EPC:  In proceedings before the European Patent Office, documents may be filed by delivery by hand, by postal services or by means of electronic communication. The President of the European Patent Office shall lay down the details and conditions and, where appropriate, any special formal or technical requirements for the filing of documents. See Guidelines A-!! 1.1.

The filing of European patent applications by other means such as email is not allowed  (GL A-II 1.3)

  

Question 9 (3 points) – PCT

Are the following statements regarding the PCT true or false?

	True	False
All PCT contracting states have been appointed as International Searching Authorities		✓
The International Preliminary Examination phase will end with an International patent being granted or refused under the PCT		✓
WIPO is an International searching authority		✓
All International patent applications must be filed at WIPO		✓

  

Legal basis: ‘Only’ 24 of the PCT members are ISA:  AT, AU, BR, CA, CL, CN, EA, EG, EP, ES, FI, IL, IN,  JP, KR, PH, PK, RU, SE, SG, TR, UA, US, XN, XV

The International Bureau (IB) is not an ISA.

An international application can be filed at any rO which allows so.

  

Question 10 (3 points) – PCT

Company Z would like to file a patent application under the PCT.

	True	False
Any applicant, regardless of nationality and residence, is entitled to file an application under the PCT		✓
An International Searching Authority (ISA) validly selected in the PCT application will produce a search report under the provisions of PCT Chapter I	✓
If requested in a procedure under the provisions of PCT Chapter II, an International Preliminary Examining Authority (IPEA) will carry out an examination of the application and assess its patentability.	✓
Paraguay and Germany are both contracting states to the PCT		✓

 

Legal basis:

·         Who may file an international application: Any resident or national of a PCT Contracting State.[Art.9(1) PCT]. In case of multiple applicants: at least one of the applicants needs to be a national or resident of a PCT Contracting State.

·        International Searching Authority (ISA): Applicants Guide IP 7.001; Art.15 PCT, Art.18 PCT, R.43 PCT, R.43bis.1 PCT. The main procedural steps that any international application goes through before the International Searching Authority are the following:

                                i.            conducting the international search,

                              ii.            preparing the international search report, and

                            iii.            establishing a written opinion.

·         International Preliminary Examination Authority (IPEA): IP 10.001; Art.31(1) PCT, Art.31(4)(a) PCT, Art.32(1) PCT, Art.33(1) PCT, R.53.7 PCT International preliminary examination of an international application may be requested under Chapter II of the PCT to obtain “a preliminary and non-binding opinion on the questions whether the claimed invention appears to be novel, to involve an inventive step (to be non-obvious), and to be industrially applicable” (Article 33(1)). It is carried out by an “International Preliminary Examining Authority” at the request - called “demand” - of the applicant, for use before the “elected” Offices, that is, the designated Offices which are elected by the applicant for that purpose,

·         Contracting States: Germany is a contracting state; Paraguay not – see tables

 

 

 

 

Friday, October 17, 2025 EPAC EXAM 2025 Part 2

 Dear all,

We thought that Part 1 of this year's exam was very difficult. It was a breeze in comparison with Part 2.

In our opinion, the balance in the questions between standard aspects that formalities officers encounter in daily practice and exceptional aspects that require specialized knowledge and a lot of looking up is not correct. There is too much emphasis on the exceptions and the answers to several questions required checking of several different documents, particularly question 5.

Question 4, worth only 3 marks, provided a huge amount of details that did not seem relevant for answering the question, and the details which were relevant for answering were not clear to us. We are still unsure what answer was expected to this question.

Here is our attempt at Part 1 of the exam.

Please feel free to comment on our answers. You do not need to use your own name, but then make up a name (instead of anonymous) such that responses can be kept separate.

Kind regards,

Diane, Tanja, Jelle

Thursday, October 16, 2025 EPAC Exam 2025 - Part 1

 Dear all,

Here our attempt at Part 1 of the exam

Impression: very challenging, i.e. too difficult. The balance between mainstream issues and outliers seems not right for the given amount of time. 

Please feel free to comment on our answers. You do not need to use your own name, but then make up a name (instead of anonymous) such that responses can be kept separate.

Kind regards,

Diane, Tanja, Jelle

Monday, October 13, 2025 EPAC Exam 2025

 Dear all,

We have received several requests asking for our answers to parts 1 and 2 of the EPAC exam 2025. We'd  like to comply, but do not have the questions. 

Unlike previous exams, including previous EQE exams using the WISEflow platform, candidates have no access to their submitted paper.

There is no response yet from the EPO, but we are working to get our hands on the papers. I know many of you have also been sending queries to the helpdesk and if anyone is successful in getting a reply, please let us know via training@deltapatents.com.

In the meantime, please feel free to post your initial comments about the exam. We have heard from some that part 2 was particularly difficult.

Fingers crossed, we will be able to post our answers soon.

Diane, Jelle and Tanja

Monday, October 14, 2024 Our answers to EPAC 2024 Part 2

 Part 2 was a lot of work. Some questions were challenging/difficult.

We have long answers; maybe a bit overcomplete.

We welcome your comments.

Kind regards,

Jelle, Diane, Tanja

Friday, October 11, 2024 Our answers for EPAC 2024 Part 1

 Dear all.

Here an attempt of us (Jelle, Diane, Tanja) to answer the part 1 questions.

Our impression is that this exam is a significant improvement compared to previous exams. The questions seem well targeted at daily activities of a formalities officers and also cover recent developments.

We hope the results will be much better.

As always there will be some questions where we/you may not interpret the question as intended. You can thus not hold our answers as a truth but it gives a good idea if you clearly passed part 1, or clearly failed or are in the grey zone.

We welcome your comments. Please do not reply as 'anonymous'; it makes it difficult for us to respond. You can use a nickname.

I've finished also part 2, but the other two tutors are occupied and it will take longer before we can post our answers.

Here is part 1:

==============================================================

Question 1

An international application is published, together with the search report drawn up by the CNIPA, 13 months + 1 day after the filing date (no priority claimed). The application has no more then 38 pages and IS claims.

Which statement reflects all actions the CN applicant needs to take for entry into the EP phase 28 months after the filing date? A request for early processing has been filed.

A.     Complete and file Form 1200 and pay the filing fee and the search fee

B.     Complete and file Form 1200 and pay the filing fee. the search fee and the renewal fee for the third year

C.    Complete and file Form 1200, pay' the filing fee and the search fee and appoint a representative

D.    None of the above statements

Answer: D
No form needed, no appointment needed now.
Needed is: not only filing fee and search fee, but also a translation, request for grant, examination fee, designation fee, specify the documents on which the grant should be based. See R.159(1) EPC, or Euro-PCT 5.2.005

Question 2

A European patent application was filed on 6 February 2023. The search, filing and designation fees were paid within a month of the date of filing.

What is the latest point in time for withdrawing the application, if the applicant wishes to obtain a refund of the designation fee?

A.     Six months after the date of publication of the mention of the European search report

B.     Date of publication of the mention of the European search report

C.    The designation fee was validly paid and can no longer be refunded

D.    Date of the start of substantive examination

Answer: B, see A-X 5.2.2

Question 3

On 10 October 2024, an applicant files a request for entry into the European phase, together with a debit order, according to which the filing fee, the designation fee, the examination fee and the renewal fee for the third year are to be debited from the applicant's deposit account It is specified that the debit order is to be executed on 18 October 2024. On the evening of 10 October 2024, the applicant notices that the renewal fee is not yet due and should not be debited from the deposit account.

What is the latest point in time for revoking the order to debit the renewal fee in Central Fee Payment (CFP)?

A.     10 October 2024

B.     17 October 2024

C.    18 October 2024

D.    A debit order cannot be revoked in part

Answer: B, 17 October 2014; See ADA 13.2

Question 4

The applicant received a communication pursuant to Article 90(3) EPC and Rule 60 EPC, requesting them to file a designation of inventor but missed the time limit for filing a response. After expiry of the time limit, the Receiving Section issued a decision to refuse the European patent application, dated 10 October 2024.

What can the applicant do to remedy the situation?

A.     File a notice of appeal against the decision within four months of notification of the decision

B.     File a request for further processing within two months of notification of the decision

C.    File, within two months of notification of the decision, a request for reestablishment of rights in respect of the time limit for filing the designation of inventor

D.    A, B and C are correct

Answer: B

Appeal is possible, but notice of appeal must be filed within 2 months. Re-establishment is excluded since further processing is allowed

Question 5

Which of the following statements about filing third-party observations is correct?

A.     The person that filed third-party observations will be a party to the proceedings before the EPO, and the applicant is obliged to respond to third-party observations

B.     Third-party observations must be filed in writing and may not be filed anonymously

C.    Third-party observations are considered by the examining division only if they include a statement of the grounds on which they are based, and an official fee is paid

D.    Third-party observations can be filed after the publication of a European patent application and must be filed in an official language of the EPO

Answer: D, see E-VI 3

Question 6

You filed an international patent application on 6June 2024, claiming the priority of a European patent application filed on 7 July 2023. You received a communication dated 25 September 2024 from the EPO acting as International Searching Authority (ISA), stating that the requirement of unity of invention has not been complied with. The ISA identifies three inventions. You are Invited to pay two additional search fees.

Which of the following statements is correct?

A.     You must pay two additional search fees by 25 October 2024

B.     You do not need to file a response to the provisional opinion accompanying the partial search results

C.    If you pay two additional search fees under protest, you must pay two protest fees within the time limit

D.    If you do not pay any additional search fees within the time limit: the international patent application will be deemed to be withdrawn

Answer: B, see applicants guide 7.016

Question 7

An international patent application filed with the EPO as receiving Office on 10 September 2024, claims the priority of a Luxembourg patent application filed on 11 October 2023. No certified copy of the Luxembourg patent application was filed at the time of filing of the international patent application.

Which of the following actions can be taken to file a certified copy of the Luxembourg patent application for this international patent application?

A.     Request the Luxembourg Intellectual Property Office to prepare and send a certified copy of the Luxembourg patent application to the EPO

B.     Submit a valid DAS code (Digital Access Service) to the International Bureau to enable it to obtain a certified copy of the Luxembourg patent application

C.    File an electronic certified copy of the Luxembourg patent application with the EPO

D.    File a certified copy of the Luxembourg patent application with the International Bureau

Answer: D

A,B,C are wrong. The applicant must arrange the certified copy, not Luxembourg. Luxembourg does not participate in the DAS system. The EPO does not accept electronic certified copies of of the Luxembourg patent application.

Question 8

Firm A owns a European patent EP. Firm B filed an opposition against EP requesting its revocation. Firm B argued that the subject-matter of the granted claims was not new in view of document D1.

During the opposition proceedings, firm C filed observations under Art. 115 EPC, arguing that the subject-matter of the granted claims was not new in view of document D2.

Firm A requested maintenance of the patent as granted, or maintenance in amended form, according to auxiliary request 1.

Which of the following statements is correct?

A.     At the end of the opposition proceedings, the opposition division decided to revoke the patent. Firm B is entitled to file an appeal against the opposition division's decision

B.     At the end of the opposition proceedings. the opposition division decided to maintain the patent in amended form according to firm A's auxiliary request 1. Firm A and firm B are entitled to file an appeal against the opposition division's decision

C.    At the end of the opposition proceedings, the opposition division decided to maintain the patent as granted. Firm C is entitled to file an appeal against the opposition division's decision

D.    During the opposition proceedings, firm B withdrew its opposition. At the end of the opposition proceedings, the opposition division decided to maintain the patent as granted. Firm B is entitled to file an appeal against the opposition division's decision

Answer: B

To be allowed to appeal, you must still be a party to the proceedings. (B no longer in option D; C never – 3rd parties are no party to the proceedings) and you must have been adversely effected by the decision – in option A, party B won and is not adversely effected.

Question 9

European patent application EP-X was filed on 1 October 2020, claiming the priority of a Belgian application filed on 16 October 2019. The mention of the grant of European patent EP-X was published on 2 October 2024 The proprietor filed a request for unitary effect and was informed by communication dated 10 October 2024, that unitary effect had been registered for EP-X-CO on the same date

Which of the following statements is correct?

A.     A renewal fee still has to be paid by 31 October 2024 in respect of the 5th year for EP-X

B.     A renewal fee is due on 31 October 2024 in respect of the 5th year for EP-X-CO

C.    A renewal fee is due on 31 October 2024 in respect of the 6th year for EP-X-CO

D.    No renewal fee has to be paid on 31 October 2024

Answer: D

The 5th year started 2 October 2024, i.e. on grant, see GL A-X 5.4 “The obligation to pay renewal fees terminates with the payment of the renewal fee due in respect of the (patent) year in which the mention of the grant of the European patent is published, see Art. 86(2). "Patent years" are calculated as from the application's filing date. The first patent year (Art. 86(1), Art. 141(1)) starts on the filing date and ends on the same date of the following year. For the second and subsequent years, the patent year starts one day after the anniversary of the filing date and ends on the same day as the filing date of the following year.”
The patent application EP-X is at that day a national patent (here: a unitary patent). The fee must be paid for the unitary patent EP-X to the EPO.
When to pay shortly after grant: Renewal fees may fall due in between the date of publication of the mention of the grant of the European patent up to and including the date of the notification of the registration of the unitary effect [R.7(1) UPR]. If so: R.13(5) UPR shifts the due date to the date of the notification and allows renewal fees to be paid within three months of this notification without any additional fee.  
So, no need to pay at the end of October.

A: Not possible to pay fees to the EPO after grant for EP-X

. Thus, no fee needed anymore.

Question 10

A communication under Article 94(3) EPC, setting a four-month time limit for reply is dated 12 September 2024. The applicant receives the letter on 21 September 2024, as evidenced by the postal receipt signed by him.

What is the last day for replying to the communication?

A.     13 January 2025

B.     12 January 2025

C.    22 January 2025

D.    14 January 2025

Answer: D, see R.126(2)

The trigger is the date of 12 September 2024. The delivery took more than 7 days 9 days). 2 days are added to the end of the period. Thus: 12-9-2024 + 4 m (->12-1-25) + 2 days -> 14-1-2025 (Tuesday, EPO open)

Question 11

Which functionalities or services can be accessed directly from MyEPO Portfolio?

A.     A shared area with examiners, European Patent Register, filing via the EPO's on line filing software eOLF

B.     Mailbox, a shared area with examiners, replying to a communication under Article 94(3) EPC

C.    Mailbox, patent search via publication server, a shared area with examiners

D.    Filing via the EPO's Online Filing 2.0, patent search via publication server, Mailbox

Answer: B

EPO’s website: “In MyEPO Portfolio you can receive Mailbox communications from the EPO about your proceedings.  And in European proceedings (EP, UP and Euro-PCT) you can access your digital files, submit requests and replies about applications, and interact online with examiners during a live consultation. Representatives and their support staff can also manage their entry in the list of professional representatives before the EPO.”.

Thus: no online filing, no search

Question 12

In which of the following situations does the EPO recommend using the EPO Contingency Upload Service?

A.     When you submit documents after business hours

B.     When the EPO filing systems are functioning correctly, but you encounter a technical issue at your end

C.    When there is a system outage at the EPO that prevents document submission via the standard filing systems

D.    When the EPO is closed due to an official holiday

Answer: C

EPO website, FAQ: “The Contingency Upload Service offers an alternative method of submitting documents to the EPO in the unlikely event that the other EPO filing tools are not available, or it is not possible to create, or sign-in to an EPO account for making use of the EPO filing tools. It enables the secure electronic transmission of documents to the EPO, although without any of the validations and benefits of the filing tools of the EPO. It allows for the upload of PDF documents including new European patent applications, international applications and/or subsequently filed documents.”

Question 13

Applicant Korhonen is a Finnish national resident in Finland. He filed a European patent application in Finnish and provided an English translation in time. In response to the extended European search report (EESR), Korhonen wishes to file amended claims together with a request for examination.

Which of the following statements is correct?

A.     Korhonen must file the amended claims in Finnish and must then provide a translation into English, in time

B.     Korhonen is allowed to file the amended claims in Finnish if he then provides a translation into any official language of the EPO, in time

C.    Korhonen is allowed to file the amended claims in Finnish if he then provides a translation into English, in time

D.    Korhonen is not allowed to file the amended claims in Finnish

Answer: C

See GL A-VII 3.2 The response including amendments have to be filed within a time limit. An official language of a contracting state (here: Finnish) may then be used by an applicant of such state. The amendments must be translated to the language of proceedings (here: English)

Question 14

Applicants may request processing of their international application under PCT Direct by filing a letter ("PCT Direct letter") containing informal comments, aimed at overcoming objections raised in the search opinion established by the EPO for the priority application.

Which of the following statements is NOT correct?

A.     PCT Direct is available if the priority application is a Belgian application filed in French, which has been searched and the international application is filed in French, using ePCT-Filing

B.     PCT Direct is available if the priority application is an EP application filed in French, which has been searched and the international application is filed in English, using Online Filing 2.0

C.    PCT Direct is available if the priority application is filed with the EPO in English, which has been searched by the EPO and the subsequent application is filed in English, using Online Filing 2.0

D.    PCT Direct is available on condition that amended claims are filed with the PCT Direct letter, in a single PDF document

Answer: D

See Euro-PCT 2.20.001;3.2.026. The EPO must have searched the priority document; comments must be included – amendments are not needed.

Question 15
Mr Linguist filed a European patent application in Dutch and used English as language of the proceedings. When requesting unitary effect on 10 October 2024, Mr.Linguist must provide a translation of the specification.

Mr Linguist would like to obtain immediate registration of the unitary effect. Which of the following statements is correct?

A.     Mr Linguist must provide a translation of the specification into Dutch

B.     Mr Linguist must provide a translation of the specification into an official language of any of the 18 states to which the unitary effect extends

C.    Mr Linguist must provide a translation of the specification into an official language of any of the 24 states that have signed the UPCA

D.    Mr Linguist may provide a translation of the specification into Spanish

Answer: D

See Unitary Patent Guide, par.57 (all EU languages).