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2026 Statistics

Key Facts: Paper M2 Exam

3 hours

Exam Duration

EPO

Variable

Passing Score

EPO / epi

€200

Sitting Fee

Rule 8 IPREE

2 years

Professional Experience

EPO

WISEflow

Exam Platform

EPO

Lifetime

Validity

EPO

The European Qualifying Examination (EQE) Paper M2 is a modular paper checking a candidate's ability to apply European and international patent procedures before the EPO. The sit fee is €200. It requires deep procedural knowledge of EPC and PCT, and the passing threshold is set dynamically by the Examination Board (usually 30% - 60%).

Sample Paper M2 Practice Questions

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1A European divisional application is filed on 15 May 2026. At the time of filing, the third and fourth renewal fees for the parent application have already become due. Under Rule 51(3) EPC, within what time limit must these renewal fees be paid for the divisional application?
A.Within four months of the filing date of the divisional application.
B.Within six months of the filing date of the divisional application, with a 50% surcharge.
C.On the next standard due date for renewal fees of the parent application.
D.Within two months of the publication of the search report of the divisional application.
Explanation: Rule 51(3) EPC states that any renewal fee already due for a divisional application at its filing date must be paid within four months of the filing of the divisional application. If not paid within this period, it may still be paid within a further six months, provided the 50% surcharge is paid.
2A European patent application is filed on 10 April 2026. The applicant wishes to claim priority from an earlier national application filed on 10 April 2025. However, 10 April 2026 is a public holiday in Munich. When is the last day to file the European application and successfully claim priority?
A.The application must have been filed by 9 April 2026 to avoid priority loss.
B.The application can be filed on the next working day, 13 April 2026, and the priority claim is valid under Rule 134(1) EPC.
C.The application must be filed on 10 April 2026 electronically, as digital filing is unaffected by public holidays.
D.The priority period cannot be extended under Rule 134(1) EPC; hence, priority is irrevocably lost.
Explanation: Rule 134(1) EPC applies to all time limits, including the 12-month priority period under Article 87(1) EPC. If the priority period expires on a day when the EPO is closed for receipt of documents, the period is extended to the first day thereafter on which the EPO is open (in this case, Monday, 13 April 2026).
3A renewal fee for a European patent application is due on 31 March 2026. The applicant fails to pay it. Under Rule 51(2) EPC, what is the deadline to pay the renewal fee with an additional 50% surcharge?
A.Within six months of the end of the month in which the renewal fee was due (i.e. by 30 September 2026).
B.Within two months of the notification of a communication of loss of rights.
C.Within six months of the due date (i.e. by 30 September 2026) or within two months of notification of the search report, whichever is later.
D.The renewal fee cannot be paid late; the application is deemed withdrawn on 31 March 2026.
Explanation: Rule 51(2) EPC states that if a renewal fee is not paid in due time, it may still be paid within six months of the due date, provided that the additional fee (50% surcharge) is paid within this period. Since the fee was due on the last day of March 2026, the 6-month period ends on the last day of the sixth month, which is 30 September 2026.
4According to Rule 50(3) EPC, if a document filed with the EPO is not signed, the EPO shall invite the party concerned to sign it within a time limit. What happens if the document is signed and returned within that time limit?
A.The document retains its original date of receipt.
B.The date of receipt is changed to the date the signed document was received.
C.The document is deemed not to have been received.
D.A fine is levied, but the document is processed.
Explanation: Rule 50(3) EPC states that if a document is not signed, the EPO invites the party to sign it within a specified limit. If signed in due time, the document retains its original date of receipt; otherwise, it is deemed not to have been received.
5An applicant fails to reply to an Article 94(3) EPC communication within the 4-month period set by the Examining Division. What is the immediate legal consequence under Article 94(2) EPC?
A.The application is rejected by the Examining Division.
B.The application is deemed to be withdrawn.
C.A late payment fee is automatically charged to the applicant's account.
D.The application is suspended for a period of six months.
Explanation: Article 94(2) EPC states that if the applicant fails to reply in due time to any communication from the Examining Division, the application is deemed to be withdrawn.
6An applicant files a European application and forgets to claim priority from their earlier application. Under Rule 52(2) EPC, when is the latest time that a priority declaration can be added or corrected?
A.Within 16 months from the earliest priority date claimed, or if the correction causes a change in the priority date, within 16 months from the corrected priority date, whichever expires first.
B.At any time before the Examining Division issues the communication intending to grant the patent.
C.Within 12 months from the filing date of the European patent application.
D.Only within two months of the filing date of the European patent application.
Explanation: Rule 52(2) EPC states that the applicant may add or correct a priority claim within 16 months of the earliest priority date claimed, or where the addition or correction causes a change in the priority date, within 16 months of the priority date as changed, whichever period expires first. The addition/correction must be made before publication.
7An applicant files a European application in Italian. Under Rule 6(1) EPC, within what time limit must the English, French, or German translation be filed?
A.Within one month of filing the application
B.Within two months of filing the application
C.Within three months of filing the application
D.Within six months of filing the application
Explanation: Rule 6(1) EPC requires that a translation of a European application filed in a non-EPO language under Article 14(2) EPC must be filed within two months of filing the application.
8An applicant files an application by reference to a Japanese patent application. The applicant fails to file the translation into English, French, or German within the two-month period under Rule 40(3) EPC. What is the consequence and remedy?
A.The application is deemed withdrawn; the remedy is Further Processing under Article 121 EPC.
B.The application is deemed not to have been filed; the applicant must re-file and will lose the original filing date.
C.The application remains pending, but a surcharge of 50% of the filing fee is applied.
D.The translation can be filed late with no consequences within 6 months of the search report.
Explanation: Under Rule 40(3) EPC, if the applicant fails to file the certified copy or the translation within two months of the filing date, the application is deemed not to have been filed under Article 90(2) EPC. Because the application was never established, Further Processing is not available (as there is no application to process); the applicant must re-file.
9An applicant from an EPC contracting state files a European patent application in a non-EPO language (e.g. Spanish) and is eligible for the Rule 6(3) fee reduction. For which of the following fees is the 30% reduction applicable?
A.The filing fee only
B.The filing fee, the search fee, the designation fee, and the examination fee
C.Only the filing fee and the examination fee
D.The filing fee, the search fee, the examination fee, the designation fee, the claims fee, and the renewal fees
Explanation: Rule 6(3) EPC in combination with the Rules relating to Fees provides a 30% reduction only for the filing fee and the examination fee (and any fee for further search if applicable), not for other fees such as search, designation, claims, or renewal fees.
10An applicant misses a deadline set by the EPO to reply to an Article 94(3) communication. The applicant wishes to request Further Processing. What are the requirements and the time limit under Article 121 and Rule 135(1) EPC?
A.The request must be filed within two months of the notification of the communication of withdrawal; the omitted act must be completed and the further processing fee paid.
B.The request must be filed within one year from the expiry of the missed time limit, accompanied by a showing of all due care.
C.The request must be filed within two months of the missed deadline itself; the omitted act must be completed and no fee is required.
D.The request must be filed within six months of the notification of the loss of rights; the further processing fee is double the original fee.
Explanation: Under Article 121(1) and Rule 135(1) EPC, Further Processing must be requested within two months of the communication concerning either the failure to observe a time limit or a loss of rights. The omitted act must be completed within this period, and the prescribed further processing fee must be paid.

About the Paper M2 Practice Questions

Verified exam format metadata for European Qualifying Examination - Paper M2 EPC/PCT Procedure is pending. The practice questions above remain available while official exam length, timing, passing score, fee, and administrator details are reviewed.