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Key Facts: EQE Exam

Written/modular

Exam Format

EPO EQE Regulations

9 months

Opposition Period

Article 99 EPC

31 months

Euro-PCT Entry

Rule 159 EPC

12 months

Priority Period

Article 87 EPC

20 years

Patent Term from Filing

Article 63 EPC

2025-2027

Modular EQE Transition

EPO / epi

The EQE is the EPO/epi professional qualifying examination for European Patent Attorneys (Art 134 EPC). It tests the EPC and PCT: patentability under Art 52-57 (novelty Art 54, inventive step via the problem-solution approach Art 56), EPC procedure (filing, search, examination, grant, divisionals), claim drafting and Art 84 clarity with Art 123(2)/(3) amendment limits, opposition (nine months, Art 99) and appeals (notice in two months, grounds in four months, Art 108), PCT procedure and the 31-month Euro-PCT regional-phase entry (Rule 159), and priority under Arts 87-89. The main papers are written; the former multiple-choice Pre-Examination was discontinued in 2025 as the exam moves to a modular Paper F plus M1-M4 format (legacy A-D papers held for the last time in 2026, full modular EQE from 2027). Candidates must meet professional-experience and training requirements under the REE.

Sample EQE Practice Questions

Try these sample questions to review concepts for the EQE exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 52(1) EPC, European patents are granted for inventions in all fields of technology provided they meet three substantive requirements. Which set correctly states those three requirements?

A.Novelty, utility, and non-obviousness

B.Novelty, technical character, and sufficiency of disclosure

C.Novelty, inventive step, and industrial applicability

D.Inventive step, unity of invention, and clarity

Explanation: Article 52(1) EPC requires that an invention be new (Art 54), involve an inventive step (Art 56), and be susceptible of industrial application (Art 57). These are the three positive patentability requirements.

2An applicant claims a computer program 'as such' for organizing a calendar, with no further technical effect. Under Article 52(2) and (3) EPC, how should the examiner treat this subject-matter?

A.It is excluded from patentability as a program for computers as such

B.It is patentable because all software is an invention under the EPC

C.It is excluded only if it lacks novelty

D.It is patentable because calendars are technical devices

Explanation: Article 52(2)(c) EPC lists programs for computers among items not regarded as inventions, and Art 52(3) limits the exclusion to such subject-matter 'as such'. A computer program claimed as such, lacking a further technical effect, is excluded.

3Which of the following is expressly excluded from patentability under Article 53 EPC?

A.A new chemical compound with industrial use

B.A manufacturing process for a known device

C.A purified protein isolated from a natural source

D.A method for treatment of the human body by surgery

Explanation: Article 53(c) EPC excludes methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the body. The exclusion does not apply to products, in particular substances or compositions, for use in such methods.

4Under Article 54(2) EPC, what constitutes the 'state of the art' against which novelty is assessed for a European patent application?

A.Only patent documents published before the filing date

B.Everything made available to the public before the date of filing by written or oral description, use, or any other way

C.Only disclosures within EPC contracting states before filing

D.Everything published before the date of grant

Explanation: Article 54(2) EPC defines the state of the art as everything made available to the public before the date of filing (or priority) by means of written or oral description, by use, or in any other way. There is no territorial or document-type limitation.

5A European application A1 was filed on 10 March 2024 and published on 12 September 2025. A later European application A2 was filed on 5 January 2025. With respect to A2's novelty, how is the content of A1 treated under Article 54(3) EPC?

A.A1 is not prior art for A2 because it published after A2's filing date

B.A1 forms part of the state of the art for novelty only, not inventive step

C.A1 forms part of the state of the art for both novelty and inventive step

D.A1 is only relevant if both designate the same contracting states

Explanation: Under Article 54(3) EPC, the content of a European application filed earlier (10 March 2024) but published on or after the filing date of the later application is comprised in the state of the art for novelty only. Article 56, second sentence, excludes such Art 54(3) documents from the assessment of inventive step.

6An inventor publicly demonstrated her invention at a trade fair four months before filing her European application. Under the EPC, what is the effect of this disclosure on novelty?

A.No effect, because there is a 12-month grace period for the inventor's own disclosures

B.It destroys novelty only for inventive step purposes

C.No effect, because trade fair demonstrations are confidential by law

D.It destroys novelty unless it falls within a non-prejudicial disclosure under Article 55 EPC

Explanation: The EPC has no general grace period. The inventor's own pre-filing public disclosure destroys novelty under Art 54(2) unless it qualifies as a non-prejudicial disclosure under Art 55 (evident abuse, or display at an officially recognized international exhibition, disclosed within six months before filing).

7In the EPO's problem-solution approach to inventive step under Article 56 EPC, what is the correct sequence of the three stages?

A.Identify closest prior art; determine objective technical problem; assess whether the solution would have been obvious

B.Determine objective technical problem; identify closest prior art; apply could-would test

C.Assess obviousness; identify distinguishing features; determine the problem

D.Identify the technical effect; compare with utility; assess novelty

Explanation: The problem-solution approach has three stages: (1) identify the closest prior art, (2) establish the objective technical problem from the technical effect of the distinguishing features, and (3) ask whether the skilled person would (not merely could) have arrived at the claimed solution.

8When formulating the 'objective technical problem' in the problem-solution approach, why must it not contain pointers to the solution?

A.Because the problem must always be the one stated in the application

B.Because the problem must be commercial rather than technical

C.Because including the solution would introduce hindsight and bias the obviousness assessment

D.Because Article 84 requires the claims to be concise

Explanation: The objective technical problem is reformulated based on the technical effect of the distinguishing features, but it must be expressed without any pointer to the solution. Including a hint toward the solution would amount to an ex post facto (hindsight) analysis, which is impermissible.

9Claim 1 recites a coffee machine with features A+B+C. The closest prior art discloses A+B. The distinguishing feature C produces a measurable reduction in energy consumption. Following the problem-solution approach, what is the objective technical problem?

A.How to make a coffee machine that is novel over the prior art

B.How to provide a commercially successful coffee machine

C.How to add feature C to a coffee machine

D.How to reduce the energy consumption of the coffee machine of the closest prior art

Explanation: The objective technical problem is defined by the technical effect of the distinguishing feature (C) over the closest prior art. Since C reduces energy consumption, the objective technical problem is how to reduce the energy consumption of the prior-art machine, stated without pointing to feature C itself.

10Under Article 57 EPC, an invention is considered susceptible of industrial application if it can be:

A.Sold for profit in at least one contracting state

B.Made or used in any kind of industry, including agriculture

C.Demonstrated to a person skilled in the art

D.Reduced to practice within the priority year

Explanation: Article 57 EPC provides that an invention is susceptible of industrial application if it can be made or used in any kind of industry, including agriculture. The requirement is broad and rarely an obstacle except, e.g., where no concrete use is disclosed.

About the EQE Exam

The European Qualifying Examination (EQE) is the professional examination that candidates must pass to become European Patent Attorneys and be entered on the EPO's list of professional representatives under Article 134 EPC. It tests substantive and procedural European patent law - the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT) - across patentability, drafting, amendment, opposition, appeals, and priority. From 2025 the EQE is transitioning to a modular digital format with a foundation Paper F and main modules M1-M4, fully in place from 2027.

Exam sponsor: European Patent Office (EPO) and the Institute of Professional Representatives (epi). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Several hours per paper (per the official EQE timetable)

Passing Score

Pass mark set per paper under the Regulation on the EQE (REE)

Exam / Certification Fees

Varies by paper/module and centre (confirm on epo.org)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

22%

Patentability under the EPC

Patentable inventions and exclusions (Art 52-53), the worldwide state of the art and directly-and-unambiguously novelty standard (Art 54), Art 54(3) prior art, the three-step problem-solution approach and could-would test for inventive step (Art 56), and industrial applicability (Art 57)

18%

EPC Procedure

Filing requirements and date of filing (Art 80, Rule 40), the European search report and search opinion (Art 92), publication at 18 months (Art 93), request for examination within six months (Art 94, Rule 70), grant and Rule 71(3), divisional applications (Art 76), unity (Art 82), and remedies (further processing Art 121, re-establishment Art 122)

18%

Claim Drafting & Amendments

Clarity, conciseness and support (Art 84), two-part form and independent-claim limits (Rule 43), added subject-matter (Art 123(2)) including intermediate generalisations, the Art 123(2)/(3) inescapable trap, sufficiency (Art 83), and claim construction and extent of protection (Art 69 and its Protocol)

16%

Opposition & Appeals

Nine-month opposition period and standing (Art 99), the three grounds (Art 100), outcomes (Art 101), substantiation (Rule 76), intervention (Art 105), central limitation/revocation (Art 105a), appeal deadlines of two and four months (Art 108), and the Boards and Enlarged Board of Appeal (Arts 21, 112)

14%

PCT Procedure & EP Regional Phase

International filing effect (PCT Art 11), the ISR and written opinion, Article 19 and Chapter II/Article 34 amendments, 30/31-month national/regional phase entry, the 31-month Euro-PCT entry under Rule 159, translations and the Rule 161 response, and Article 153 EPC equivalence

12%

Priority, Fees, Time Limits & Languages

The 12-month priority right and same-invention test (Arts 87-89), multiple priorities (Art 88), the three official languages and fee reductions (Art 14, Rule 6), renewal fees and surcharges (Art 86, Rule 51), the single designation fee (Rule 39), and the 20-year term (Art 63)

Preparing for the EQE Exam

What You Need to Know

Passing score: Pass mark set per paper under the Regulation on the EQE (REE)
Assessment: Question count not published by the exam provider
Time limit: Several hours per paper (per the official EQE timetable)
Exam / certification fees: Varies by paper/module and centre (confirm on epo.org) Official sources

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EQE: Suggested Study Strategy

1Memorise the key EPC time limits: nine months for opposition (Art 99), two months for the notice of appeal and four months for the grounds (Art 108), and 31 months for Euro-PCT regional-phase entry (Rule 159)

2Drill the three-step problem-solution approach for inventive step (Art 56): identify the closest prior art, derive the objective technical problem from the distinguishing feature's technical effect, then apply the could-would test

3Master the Art 123(2)/(3) inescapable trap - added subject-matter that cannot be removed without broadening protection - and practise spotting intermediate generalisations

4Use the 'directly and unambiguously derivable' standard for both novelty (Art 54) and amendment basis (Art 123(2)); do not mosaic separate documents or embodiments for novelty

5Know the difference between Art 54(2) full prior art and Art 54(3) earlier-filed, later-published applications that count for novelty only (Art 56 excludes them from inventive step)

6Practise the remedies for missed deadlines: further processing (Art 121, no due-care proof) versus re-establishment (Art 122, all-due-care standard)

7Work timed past papers under the modular EQE format (Paper F and M1-M4), and keep an up-to-date EPC and PCT article/rule reference for the open-book elements

Frequently Asked Questions

What is the European Qualifying Examination (EQE)?

The EQE is the professional examination administered by the EPO together with epi that candidates must pass to qualify as European Patent Attorneys and be entered on the list of professional representatives under Article 134 EPC. It tests European patent law and practice under the EPC and the PCT.

Is the EQE a multiple-choice exam?

The main EQE papers are written and require legal analysis, claim drafting, amendment, opposition work, and answers to legal questions. The former multiple-choice Pre-Examination was discontinued from 2025; under the new modular EQE, Paper F tests declarative knowledge and claims analysis.

What changes with the 2025-2027 modular EQE transition?

From 2025 the EQE moves to a modular digital format: a foundation Paper F plus main modules M1-M4. The legacy papers A, B, C and D ran for the last time in 2026 alongside the new modules, and the fully modular EQE (M1-M4) is in place from 2027.

What are the main subjects on the EQE?

Core subjects are patentability under the EPC (novelty Art 54, inventive step Art 56), EPC procedure (filing, search, examination, grant), claim drafting and Art 123 amendments, opposition and appeals, PCT procedure and entry to the EP regional phase, and priority under Articles 87-89.

Who can sit the EQE and how is it scored?

Candidates need a scientific or technical qualification plus defined periods of supervised professional activity before the EPO, and must enrol under the Regulation on the EQE. Each paper is graded against a pass mark; candidates must pass each paper to qualify.

How long do candidates study for the EQE?

Most candidates study several hundred hours across the papers over one to two years, alongside supervised professional experience and structured courses such as those offered by epi or CEIPI. The EQE is widely regarded as one of the most demanding professional patent examinations.

Free Practice Questions for EQE

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