Paper D basics
Updated on 4 September 2024
This is a summary about Paper D.
I have also published my summaries of the other Papers:
See Paper A basics here.
See Paper B basics here.
See Paper C basics here.
I have also published my template prepared for Paper D2, click here to see it.
Paper D
Length: 6 hours with two official breaks in between (Until 2019, it used to be 5.5 hours with no break. It was up to the candidates how they allocated their time between the different parts of the exam.)
Paper D is split into three parts. Each part must be completed before the start of the next break, with the next part only becoming available after the break.
During part D2, candidates may take unscheduled breaks. Further instructions relating to taking unscheduled breaks will be communicated at a later stage. It should be noted, however, that the exam clock will continue to run during unscheduled breaks, i.e. the examination will not be stopped.
Start time: 9:30 CET (11 March 2025)
Topic: Answering 5 separate legal questions citing relevant legal basis (D1) and giving a clear advice to a client after analysing a complex patent situation (D2).
Marks: 100 points, from which part D1 is worth 45 points and part D2 is worth 55 points. (Until 2019, D1 was worth 40 marks and D2 60 marks. In 2021, both D1 and D2 was worth 50 marks.)
There is no minimum points needed from D1 or D2 to pass Paper D. As long as you have altogether 50 marks, you will pass.
As a rough guide, the general advice is to spend 3 minutes/mark, thus answer a question worth 8 marks in 24 minutes.
Documents that you get as part of Paper D1: Different legal questions to answer.
Documents that you get as part of Paper D2: Client’s letter informing you about a complex situation (the letter is usually around 5 pages long), client’s questions that you need to answer and a calendar.
Documents that can be printed: No documents will be available for printing.
Important: No calendars will be provided. Since 2022, candidates have been responsible for preparing their own calendars.
D1
There are no really tricks for D1, start studying and/or practicing as much as possible. Each D1 question is completely different and also separate (and some of them will be about PCT).
I don’t know about you, but it is very difficult for me to study just by sitting and reading. It is so much easier to study by answering actual legal questions.
In my opinion, you should aim to answer at least 1-2 legal questions every single day until the EQE. There are plenty of sources, such as EPO Daily D questions, Coffee break questions, EPI D questions (if you are an EPI student), DeltaPatents books (Basic Legal Questions and Main Exam Questions for Paper D). There must be hundreds of questions that you can use. I have collected many links, check here.
A few things to remember:
There are no trick questions in Paper D.
Do not summarize the question again in your answer. Full waste of time.
Do not write full sentences, use bullet point style. you can also shorten the names of the applicant’s and inventions. It is not only shorter for you but much easier to correct for the marker.
Remember to always read the question twice, plan your answer and not just start to write. This way, your answer can be easily followed.
Write clearly and legibly at all times, add legal basis to every statement (each statement is worth around 0.5-1 points, so for a question worth 8 marks you should write about 14 statements).
Write out time limit calculations any time you are mentioning a time limit.
Practice as many previous papers as possible before the examination –> this is also important for D2.
When practicing, make notes of your mistakes! You probably do not realize how important this is.
If there are explicit questions, do not forget to answer them. It is so obvious and still we tend to forget it many times. If the question asks for example “Can you still reply to the office action?“, do not forget to add Yes/No at the beginning or the end of your answer. I prefer to start with my explicit answer and then writing my arguments.
Read and answer each D1 question one by one. Do not confuse yourself unnecessarily by reading the questions ahead.
If you don’t know something, skip it, and answer questions that you know. You can come back to it later, if you still have time. If not, do not worry, at least you spent your time on answers that will gain marks. Lots of people who do not have time to finish the Paper still pass, so it is OK.
D2
As I mentioned above, D2 is about giving a clear advice to a client after analyzing his complex patent situation. The client’s letter is quite long, but every single sentence is important and was included in the Paper with purpose. There are no tricks there.
While the exact questions can differ, they usually concern the following topics:
1. Situation as is
Describe the current situation (what is the situation now, who gets the patent if we do not change anything, is the priority valid, etc.) –> this part is usually worth 30-50% of the marks for D2!
2. Improvements
What are the problems (about 10% of the marks), what kind of improvements are possible, which one do you suggest (about 20% of the marks) and what steps have to be taken (about 20% of the marks)
You have to help the client, fight for the client such that his patent situation improves.
3. Situation after (exploitation)
Describe the situation after the suggested improvements (who owns the patent rights, licensing agreements, etc.). There might be also some specific questions to answer (for example client has a business meeting next month, what should he do).
Please do not forget the definition of patent; it is really important for Paper D2. You cannot simply say that claim covering product X is granted so client is free to sell/produce/use/market product X. A patent does not give right to freely sell/produce/use/market a product but only to exclude others from selling/producing/using/marketing the patented product.
In D2, there is definitely a lot of writing. However, you can use bullet point style here as well.
Regarding D2, it is even more important that you practise as many earlier papers as you can, since each of them cover different legal aspects. Each D2 covers about 4 legal topics (such as divisional applications, missing parts, partial priority, entitlement, reformation in peius, sufficient disclosure, etc.).
Start doing previous D2 Papers early, do not leave them for January and February. However, regardless how early to start preparing, there still might be things in the exam that you do not know or answer incorrectly. Do not worry, you can still pass! Firstly, as I mentioned, majority of the points are in the first part: describing the as-is situation. For this part, you do not really have to solve any tricks (for example entitlement – entitlement issues do not change the current situation, since the EPO will grant the patent to the applicant on file). Secondly, Paper D2 is designed in a way that you can still gain marks for a legal topic if you had problems regarding another topic.
Similarly to D1, write out every step, don’t just give short conclusions. For D2, no legal basis needs to be cited.
Use a good timeline or table
For D2, you will definitely need a good timeline or table. If you start by reading, understanding and then preparing a good table using all the information, it will be relatively simple to get the points for the first part of the D2 (situation as is).
As you probably know, hand-written notes cannot be filed as part of your answer. Therefore, for D2, even if you use a timeline or table, you cannot hand it in. You will have to fill it with pencil on paper, and type your answer electronically.
Books to use
As you probably know, similarly to the pre-exam, you can use any written materials during the main exam. For D2 you do not have to cite legal basis, but you might still use the books for specific questions (double checking deadlines or remedies, etc.).
According to the EPO, the following materials can be useful during the exam:
The EPC, including the rules, protocols on centralisation and recognition, RRF and the notice regarding deposit accounts
The PCT, including the Rules
The Paris Convention
A list of the contracting states to the EPC and PCT (and WTO if not Paris Convention)
Further useful material according to the EPO:
Relevant dates for the contracting states to the EPC, PCT and WTO
List of the contracting states to Paris Convention with dates
Guidelines for Examination –> this will be available online via WISEflow
Ancillary Regulations
Case Law of the Boards of Appeal of the EPO –> this will be available online via WISEflow
Subsequent annual issues of EPO Board of Appeal Case Law
Decisions of the Enlarged Board of Appeal
PCT Applicant’s Guide –> this will be available online via WISEflow
National law relating to the EPC –> this will be available online via WISEflow
Since there is no time for looking up information you have no idea about, having a book next to you that you never used will definitely not help you.
Personally, I used my EPC reference book for 80% of the questions. For the rest, I used my PCT reference book, the Euro-PCT guide, the PCT Applicant’s guide (shortened version), and my own notes (time limit tables, etc.).
Do you struggle with Paper D? I know it can feel overwhelming, especially the start.
Please feel free to join one of my D1 or D2 study groups or check out my Paper D1 or Paper D2 methodology by purchasing the videos below. You can check out an older and a newer exam as well.
Please keep in mind that this is my summary, and my blog is not the official source for the EQE. Do not forget to also check the EPO’s website about updates.
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