[GuestPost] Through the Examiner’s Lens: Understanding the New EQE Format
Rose Hughes
[GuestPost] Through the Examiner’s Lens: Understanding the New EQE Format
The European Qualifying Examination (EQE) is undergoing one of its most significant transformations in recent years. In an article adapted from the CIPA East of England meeting presentation by EQE examiners Alison Kinch (Sagittarius) and Connor Yap (AstraZeneca), trainee patent attorney and Katfriend Emily White (Sagittarius) explains the new system:
"Aside from the introduction of the pre-exam in 2012 and the combination of the technical fields in papers A and B in 2017, the actual content of papers A, B, C and D has remained largely unchanged. However, in the years running up to COVID there was an increasing feeling that the traditional EQE format, while rigorous, was misaligned with the realities of modern practice.
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| Totally random picture of a chimera |
Change is not observed only in the papers themselves, but also the way in which they are graded. Whereas 70% was required for the pre-exam and 50% for papers A-D, under the new EQE pass rates have become flexible. Papers F and M1 will have a pass mark of 50-75% and papers M2-M4 will require 30-60% to pass. While this may seem to introduce more uncertainty, having a flexible pass mark allows the Exam Committees to adjust pass rates based on perceived difficulty and raw marks, which should have a beneficial effect on candidates.
Onto the format of these new exams. It certainly does seem to this Katfriend that the old examination papers have been considered a reservoir from which features pertaining to separate embodiments of the new examination have been combined in order to artificially create a particular examination of the new EQE. However, whether or not the new EQE is directly and unambiguously derivable from the old EQE is open for debate, and will hopefully become clearer with each sitting. The papers appear to map as follows:
*In 2026, M2 was the same as D1 minus one question. Arguably, this was not adequately communicated to candidates, and even the language of the REE appears to suggest M2 will be a separate exam (Article 27(2)(c) OJ EPO 2024, A4). This decision not to draft a separate exam for M2 was met with…displeasure…from the so called “transitional” candidates, including this Katfriend, who effectively sat a third-year exam in their second year of study however, under the old system they would have been taking the pre-exam. Only one year prior, these same candidates were putting the steps of the problem-solution approach in order in the first sitting of paper F – the “gradual” nature of the new EQEs make take a few years to live up to its name.
The papers may be summarised as follows, with the year reflecting the intended time into training for the gradual mastery track.
Year 1 - Paper F - Legal Foundation
Paper F acts as an entry point, designed as a screening tool rather than a “fit for practice” test. It includes some challenging questions to differentiate top candidates, but passing does not require perfection. It focuses on declarative (fact-based) legal knowledge and is not intended to be time pressured. F consists of two parts of two hours each, including a mix of question types: multiple choice, true/false, drag-and-drop and short text exercises. Importantly, it excludes some of the more complex materials (such as case law or national law), keeping the focus on foundational understanding.
Year 2 - M1 - Assessment of Information
M1 reflects the transition from learning the law to applying it in realistic scenarios, be it examination, opposition or appeal. It evaluates the candidate’s ability to analyse/interpret claims descriptions and prior art, respond to communications from the EPO and act on client instructions.
The paper is split into two 90-minute parts wherein part 1 resembles claim analysis tasks from the pre-exam/Paper F (multiple choice autoscored format) and part 2 is closer to the traditional Paper B (free-text answers, simple claim drafting). This Katfriend understands that it is possible that the same broad piece of technology will be used across multiple years, with variations on the specific features or questions asked. This was seen with the same “metallic hand plane” being used for the M1 mock and the 2026 M1 paper. Whether this is considered fair for the candidates sitting an exam in which the technology is changed, will have to be seen.
In 2026, M1 also saw the introduction of examination flows in only the language that candidates have indicated when enrolling for the examination, with the other two languages available if desired, but not displayed.
Year 2 - M2 - Legal Knowledge
M2 builds on legal understanding, drawing heavily from the traditional Paper D (Part 1). While in 2026 no M2 specific questions were drafted, from 2027 onwards, M2 will consist of a mix of multiple choice and free-text responses. Part 1 appears to require shorter answers but with an emphasis on reasoning, whereas part 2 appears to be similar in style to D1, with fewer, but longer, free-text answers.
Year 3 - M3 - Drafting, Defending, and Attacking
M3 is a bit of a chimera, combining multiple skill sets into “one” comprehensive assessment. This “one” assessment is spread over 3 parts of 2-3 hours each, intended to be taken over 2 to 3 days (it’s definitely not just papers A, B and C under a new alias). Candidates will be required to prepare claims and introductory sections of a patent application, argue for compliance with EPC/PCT requirements, propose amendments, and challenge a patent or application on grounds of non-compliance.
Year 3 - M4 – Legal Opinion and Advice
In M4, candidates must synthesise everything they have learned to provide well-reasoned legal advice, on topics such as patentability, inventor/third party rights and transactions.
The Transition Period
The “old” EQEs have now been held for the final time. Papers F, M1 and “M2” have been sat, so now only M2 (for real), M3 and M4 remain to be held for the first time in 2027. Candidates sitting the “old EQE” who have failed an exam in 2026 may enjoy the following exemptions for up to 5 years from passing an exam under the “old” system:
Interplay with UK Exams
A consideration for UK trainees is the quick turnaround from finishing UK foundations/Queen Mary, to sitting Paper F, where the gap between the two may be less than 2 months. It is possible that QM will seem less desirable for UK candidates compared to for example, Bournemouth (exam in May) or foundations (exams in October). However, considering the Paper F pass rate for UK candidates was 91.7% in 2025 (compared to the pre-exam average of 94.4%), it may be that there is sufficient time to adequately prepare for and pass Paper F in the short timeframe.
IPReg has now confirmed that a pass in EQE Paper M3 will be recognised as equivalent to the competencies assessed in the Patent Examination Board (PEB) FD2 and FD3 papers. This means candidates who successfully complete M3 will be able to rely on that result when applying for registration as a UK patent attorney.
Conclusion
The new EQE introduces an inevitable period of uncertainty. Both trainees and trainers will need time to adapt to the prolonged, but possibly less intense, exam period with few mock papers and no certainty on format/pass marks. Change will never be met without controversy (source: DeltaPatent blog comments), however the new EQE represents a well-needed modernisation of the qualifying exams, which, after an initial bedding-in period, should provide a more positive candidate experience."