D 2016 - our answer to the DII part
Our answer to the DII-part of the D2016 is given below.
Our answer to the DI-part is available in a separate post"D 2016 - our answers to the DI-part".
First impressions to the paper are given in another thread "First impressions D2016?".
We will post copies of the paper as soon as we received a clean copy (English, French and German).
All blogs allow anyone to add comments and already have a lot of valuable, interesting and sometimes surprising discussions between many candidates who posted their comments as well as tutors resulted from those.
Any remarks, (different) opinions and questions about our answer are welcome! Please post your contribution as comments to this blog, so everybody can participate in and benefit from the discussion/ explanation.
Please do not post your comments anonymously - it is allowed, but it makes responding more difficult and rather clumsy ("Dear Mr/Mrs/Ms Anonymous of 27-02-2015 23:49"), whereas using your real name or alternatively a pseudonym (nick-name) is more personal, more interesting and makes a more attractive conversation.
Comments are welcome in any official EPO language, not just English. So, comments in German and French are also very welcome!
Be reminded that the task in DII is to advise the client how to build and use a patent portfolio to support his business and to advise the client how to deal with third party’s rights that may prevent him from doing his business. It is thus not sufficient to only use legal patent terms (prosecute, infringe, within scope): you need use real life words that a real life client can understand (you will have protection for R, so you can stop your competitor from making/selling/using/importing ... in FR; your competitor has protection for S, so you can be stopped from producing ... in CZ). In DII you have to -and can- fully concentrate on giving an adequate advice without being disturbed by looking up and citing legal basis.
Where we give legal basis, this is for information only or to briefly explain a legal concept - legal basis is not required in the DII-part for points, but you can use it to clearly explain your answer to the marker. For example, it is a lot easier to label something an Art.54(3) application than to explain it.
Click "Read more" to read our answer,
Roel, Pete, Jelle