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
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True |
False |
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European utility models for
technical inventions |
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✓ |
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Trademarks |
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✓ |
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Designs |
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✓ |
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European patents for technical
inventions |
✓ |
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Copyrights for literature (e.g.
books) |
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✓ |
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Films |
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✓ |
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.
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True |
False |
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The application can be validly
filed at the EPO as a European patent application under the EPC in Italian |
✓ |
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The application can be validly
filed at the EPO as a European patent application under the EPC in Danish |
✓ |
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The application can be validly
filed at the EPO as a European patent application under the EPC only in
English, French or German |
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✓ |
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The application can be validly
filed at the EPO as a European patent application under the EPC in any
language |
✓ |
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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:
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True |
False |
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It must be new |
✓ |
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It must demonstrate commercial
success |
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✓ |
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It must involve an inventive step |
✓ |
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The application covering the
invention must be filed by a company or private person resident in an EPC
contracting state |
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✓ |
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It must be susceptible of
industrial application |
✓ |
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The inventor must be a resident or
national of an EPC contracting state |
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✓ |
Legal basis:
Four basic requirements for patentability – Art.52(1) EPC:
- 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). - the
invention must be "susceptible of industrial application"
(Art.52(1), 57 EPC; GL G‑III)
- the
invention must be "new" (Art.52(1), 54 EPC; GL G‑IV to VI) and
- 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.
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True |
False |
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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. |
✓ |
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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. |
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✓ |
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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.
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True |
False |
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The filing of an opposition is
free of charge. No fee needs to be paid by Company Y. |
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✓ |
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The opposition can be filed up to
12 months after the date of the publication of mention of the grant. |
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✓ |
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Company Y must have registered
place of business in an EPC contracting state. |
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✓ |
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.
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True |
False |
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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. |
✓ |
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Notice of appeal shall not be
deemed to have been filed until the fee for appeal has been paid. |
✓ |
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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. |
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✓ |
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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. |
✓ |
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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:
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True |
False |
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By hand delivery to the EPO in
Munich, the Hague and Berlin |
✓ |
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By electronic means, using Online
Filing 2.0 or Contingency Upload Server Service |
✓ |
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By Fax |
|
✓ |
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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?
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True |
False |
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All PCT contracting states have
been appointed as International Searching Authorities |
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✓ |
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The International Preliminary
Examination phase will end with an International patent being granted or
refused under the PCT |
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✓ |
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WIPO is an International searching
authority |
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✓ |
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All International patent
applications must be filed at WIPO |
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✓ |
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.
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True |
False |
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Any applicant, regardless of
nationality and residence, is entitled to file an application under the PCT |
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✓ |
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An International Searching
Authority (ISA) validly selected in the PCT application will produce a search
report under the provisions of PCT Chapter I |
✓ |
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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. |
✓ |
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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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