Free Practice Questions for PEB Patent (UK)

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Key Facts: PEB Patent (UK) Exam

1977

Governing UK statute (Patents Act)

Patents Act 1977

50%

Pass mark per paper

PEB

FD1-FD4

Final Diploma papers

PEB Final Diploma

20 years

Maximum UK patent term from filing

Patents Act 1977 s.25

2017

Actavis v Eli Lilly equivalents ruling

UK Supreme Court [2017] UKSC 48

31 months

PCT UK national/regional phase deadline

PCT / UKIPO

The UK Patent Attorney Qualifying Examinations (PEB), regulated by IPReg, comprise the Foundation Certificate and the Final Diploma papers FD1 (advanced IP law), FD2 (drafting), FD3 (amendment) and FD4 (infringement and validity). They are written problem and essay papers, not multiple-choice tests, with a 50% pass mark per paper and no publicly fixed question count. The syllabus centres on the UK Patents Act 1977 (as amended) plus EPC and PCT procedure as applied in the UK, and key case law including Actavis v Eli Lilly (doctrine of equivalents), Pozzoli (inventive step) and Regeneron v Kymab (sufficiency). Passing the exams with the required training leads to registration on the IPReg register as a patent attorney; per-paper fees are set by the PEB.

Sample PEB Patent (UK) Practice Questions

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

1Under section 1(1) of the UK Patents Act 1977, a patent may be granted for an invention only if four conditions are met. Which of the following is NOT one of those statutory conditions?

A.The invention is new

B.The invention involves an inventive step

C.The invention has been commercially exploited by the applicant

D.The invention is capable of industrial application

Explanation: Section 1(1) requires that the invention be new, involve an inventive step, be capable of industrial application, and not be excluded by sections 1(2)/(3) or 4A. Prior commercial exploitation is not a condition; indeed disclosure through commercial use before the priority date can destroy novelty under section 2.

2An inventor describes her new algorithm purely as a mathematical method for compressing data, with no specified technical implementation. Under section 1(2) of the Patents Act 1977, how is such subject matter treated?

A.It is excluded as such, but a claim producing a technical contribution may be allowable

B.It is automatically patentable because algorithms are inventions

C.It is excluded absolutely and can never form part of any patent

D.It is patentable only if registered as a design first

Explanation: Section 1(2) excludes a mathematical method, a scheme/method for performing a mental act or doing business, and a computer program 'as such'. The exclusion bites only on that subject matter as such; a claim that delivers a relevant technical contribution (per the Aerotel/Macrossan four-step test) can be patentable.

3Which four-step approach does the Court of Appeal in Aerotel Ltd v Telco Holdings / Macrossan apply when deciding whether claimed subject matter falls within the section 1(2) exclusions?

A.Construe the claim; identify the contribution; ask if it falls solely within excluded matter; check whether the contribution is technical

B.Search; examine; oppose; appeal

C.Novelty; inventive step; industrial application; sufficiency

D.Identify the skilled person; common general knowledge; differences; obviousness

Explanation: Aerotel/Macrossan sets out: (1) properly construe the claim; (2) identify the actual contribution; (3) ask whether it falls solely within excluded subject matter; (4) check whether the actual or alleged contribution is actually technical in nature. This is the standard UKIPO approach to section 1(2).

4Under section 2(1) and 2(2) of the Patents Act 1977, an invention is new if it does not form part of the 'state of the art'. What does the state of the art comprise?

A.Only matter published in the United Kingdom

B.Only matter held in patent offices worldwide

C.Only matter the applicant was personally aware of

D.All matter made available to the public anywhere by written or oral description, by use or in any other way before the priority date

Explanation: Section 2(2) defines the state of the art as all matter (product, process, information or anything else) made available to the public, whether in the UK or elsewhere, by written or oral description, by use, or in any other way, at any time before the priority date.

5Under section 2(3) of the Patents Act 1977, an earlier-filed but later-published UK or EP(UK) patent application with an earlier priority date forms part of the state of the art for which purpose only?

A.Novelty only

B.Inventive step only

C.Both novelty and inventive step

D.Industrial applicability only

Explanation: Section 2(3) brings the whole contents of earlier-filed, later-published applications into the state of the art for the purpose of assessing novelty only. Section 3 expressly disregards such section 2(3) matter when judging inventive step, so a 'whole contents' citation cannot support an obviousness attack.

6Section 3 of the Patents Act 1977 defines inventive step by reference to obviousness. UK courts structure this assessment using which framework?

A.The Windsurfing/Pozzoli four-step approach

B.The Improver/Protocol questions

C.The Catnic literal-meaning test

D.The Aerotel/Macrossan four-step approach

Explanation: Obviousness under section 3 is assessed using the Windsurfing structure as restated in Pozzoli v BDMO: (1) identify the skilled person and the common general knowledge; (2) identify the inventive concept; (3) identify the differences over the cited art; (4) ask whether those differences would have been obvious without knowledge of the invention.

7In the Pozzoli v BDMO restatement of the inventive step test, which step is performed FIRST?

A.Identify the differences between the cited art and the inventive concept

B.Identify the notional skilled person and their common general knowledge

C.Ask whether the differences would have been obvious

D.Identify the inventive concept of the claim

Explanation: Pozzoli step 1 is to (a) identify the notional person skilled in the art and (b) identify the relevant common general knowledge of that person. Only then does the analysis move to the inventive concept (step 2), the differences (step 3), and the obviousness question (step 4).

8A patent claim covers a surgical method of treating the human body. Under section 4A of the Patents Act 1977, how is such a claim treated?

A.Methods of treatment of the human or animal body by surgery or therapy, and diagnostic methods, are not taken to be capable of industrial application and so are not patentable

B.It is patentable as a normal method claim

C.It is patentable only if performed by a robot

D.It is excluded under section 1(2) as a business method

Explanation: Section 4A excludes methods of treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the body; they are not patentable. However, products (substances or compositions) for use in such methods can be patented, including via purpose-limited 'second medical use' claims.

9Within how many months of filing the first (priority) application must a later application be filed to validly claim priority from it under section 5 of the Patents Act 1977 (mirroring the Paris Convention)?

A.12 months

B.6 months

C.18 months

D.31 months

Explanation: Section 5 (reflecting Article 4 of the Paris Convention) gives a 12-month priority period: a later application claiming priority must be filed within 12 months of the earliest declared priority date to take the benefit of that date.

10For a priority claim to be valid, the later claim must be supported by the priority document. What is the governing test for entitlement to priority?

A.The later claim must be directed to the same invention, meaning the subject matter is directly and unambiguously derivable from the priority document as a whole

B.The priority document must use identical wording to the later claim

C.Any earlier application by the same applicant suffices regardless of content

D.Priority is valid only if the priority document was itself granted

Explanation: Priority is valid only for subject matter directed to the same invention, which the case law (following the EPO's G2/98 standard applied in the UK) treats as subject matter directly and unambiguously derivable from the priority document as a whole. Identical wording is not required.

About the PEB Patent (UK) Exam

The UK Patent Attorney Qualifying Examinations are administered by the Patent Examination Board (PEB) under IPReg regulation and lead, with practical training, to registration as a patent attorney. Candidates first take the Foundation Certificate and then the Final Diploma papers: FD1 (advanced IP law and practice), FD2 (drafting), FD3 (amendment) and FD4 (infringement and validity). The exams test the UK Patents Act 1977, EPC and PCT procedure as applied in the UK, and core skills such as claim construction and the doctrine of equivalents from Actavis v Eli Lilly. They are written problem and essay papers marked against published mark schemes.

Exam sponsor: Patent Examination Board (PEB), regulated by IPReg. 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

Varies by paper (Foundation and Final Diploma timetables)

Passing Score

50% pass mark per paper (PEB standard)

Exam / Certification Fees

Per-paper fees set by the PEB (confirm on cipa.org.uk)

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.

20%

UK Patents Act 1977 & Patentability

Sections 1-4A: the four patentability conditions, novelty (s.2), inventive step (s.3) via Windsurfing/Pozzoli, industrial application, excluded subject matter (s.1(2), Aerotel/Macrossan), medical-method exclusion (s.4A), morality (s.1(3)), priority (s.5) and 20-year term (s.25)

16%

EPC & PCT Procedure as Applied in the UK

EPC Articles 52, 54, 56, 84, 87, 99 and 123; problem-and-solution inventive step; PCT national/regional phase entry at 31 months; European patent (UK) under section 77; Boards of Appeal and second/first medical use claims

16%

Claim Drafting (FD2)

Independent and dependent claims, two-part (Jepson) form, transitional language (comprising vs consisting of), antecedent basis, product/method categories, consistory clauses, support under section 14(5), and drafting the broadest valid scope

16%

Amendment & Prosecution (FD3)

Section 76 added matter and intermediate generalisation, responding to novelty/inventive-step/clarity objections, divisional applications, unity, examination requests, publication at 18 months, renewals, restoration (s.28) and post-grant amendment (ss.27 and 75)

18%

Infringement & Validity / Claim Construction (FD4)

Section 60 direct and indirect infringement, purposive construction, Actavis v Eli Lilly doctrine of equivalents and the reformulated Improver questions, section 72 revocation, sufficiency (Regeneron v Kymab), Schutz v Werit repair-vs-making, Gillette and section 64 prior-use defences

14%

Entitlement, Ownership & Remedies

Section 7 entitlement and inventorship, section 39 employee inventions and section 40 compensation, section 30 assignments and licences, exclusive-licensee standing (s.67), section 61/62 remedies, and the unjustified-threats provisions (sections 70-70F)

Preparing for the PEB Patent (UK) Exam

What You Need to Know

Passing score: 50% pass mark per paper (PEB standard)
Assessment: Question count not published by the exam provider
Time limit: Varies by paper (Foundation and Final Diploma timetables)
Exam / certification fees: Per-paper fees set by the PEB (confirm on cipa.org.uk) Official sources

Using Our Practice Resources

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PEB Patent (UK): Suggested Study Strategy

1Learn the Patents Act 1977 section by section: ss.1-4A patentability, s.5 priority, s.14 application, s.60 infringement, s.72 revocation, s.76 added matter

2Master the Windsurfing/Pozzoli four-step test for inventive step and the EPO problem-and-solution approach side by side

3Drill the Actavis v Eli Lilly two-issue approach to infringement and the three reformulated Improver questions for immaterial variants

4Practise FD2 drafting: essential features in the independent claim, fall-back features in dependent claims, and consistory clauses for support

5Watch for section 76 added matter and intermediate generalisation whenever you amend; every imported feature needs clear basis in the application as filed

6Rehearse full FD4 opinions under timed conditions, structuring construction, then infringement (normal and equivalents), then validity (novelty, inventive step, sufficiency, added matter)

7Know the procedural deadlines: 12-month priority, 18-month publication, 31-month PCT national/regional phase, and 9-month EPO opposition window

Frequently Asked Questions

What is the UK Patent Attorney Qualifying Examination?

It is the set of Patent Examination Board (PEB) exams, regulated by IPReg, that a candidate must pass, alongside practical training, to become a registered patent attorney in the UK. It comprises the Foundation Certificate and the Final Diploma papers FD1, FD2, FD3 and FD4.

What do FD1, FD2, FD3 and FD4 cover?

FD1 covers advanced IP law and practice; FD2 is patent specification and claim drafting; FD3 is amendment of a specification in response to objections; and FD4 is an infringement-and-validity opinion on a given patent and product.

Is the exam multiple-choice?

No. The PEB exams are written problem and essay papers marked against published mark schemes. Our 100 multiple-choice questions are a study aid to build the underlying knowledge of the Patents Act 1977 and procedure, not a replica of the paper format.

What case law is essential?

Key authorities include Actavis v Eli Lilly (doctrine of equivalents and the reformulated Improver questions), Pozzoli v BDMO (inventive step structure), Aerotel/Macrossan (excluded subject matter), Regeneron v Kymab (sufficiency across a range) and Schutz v Werit (repair versus making).

What is the pass mark and how many questions are there?

The PEB applies a 50% pass mark per paper. There is no publicly fixed number of questions because the papers are problem and essay based rather than multiple-choice.

How long does qualification take?

Most candidates qualify over two or more years of in-firm or in-industry training while sitting the Foundation and then the Final Diploma papers, often resitting individual papers, and studying several hundred hours overall.

Free Practice Questions for PEB Patent (UK)

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