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

 

 

 



 

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