11. UK Qualification System

Student handbook 11. UK Qualification System

11. UK Qualification System

The Intellectual Property Regulation Board ‘IPReg’, see ‘Other Bodies’, section H.II below, is responsible for setting the education and training requirements for qualification as a patent attorney in the UK. The requirements set by IPReg can be found here:

There are four key components to become qualified as a Registered Patent Attorney:

Foundation level examinations (Foundation Certificate; FC)
Final level examinations (Final Diploma; FD)
Practice requirement
Advocacy examination

These components are explained in more detail below.

I. Foundation Level

IPReg has approved several examination agencies at Foundation level. These include:

Queen Mary, University of London
The Postgraduate Certificate in Intellectual Property Law course is a thirteen-week, full-time course in London, which starts in September and finishes in mid-December. The exams run over two weeks in January. The course concentrates on ‘many of the practical aspects of patents, trade marks and designs, and features greater involvement of patent and trade mark practitioners to complement the academic treatment of the subject matter’ [source: QM-UL website].
Bournemouth University
The Intellectual Property Postgraduate Certificate course is a hybrid online and in-person course. The course starts in January each year and ends in June, with a final three-hour examination. Approximately 60 hours of the course (over three weekends) are delivered by academics and practising experts in IP. To reinforce and develop your knowledge you will have to undertake approximately 12 hours per week of self-directed study (reading set texts and web resources, researching, participating in online tutor group activities etc.) using the Virtual Learning Environment and electronic resources. Attendance is required on three weekends supported by distance learning between weekends and one exam attendance [source: Bournemouth University website].
Brunel University
The Intellectual Property Law PGCert course is a part-time programme which starts in September and continues until March. It is delivered on Wednesdays from 1pm to 5pm. The course ‘will explain the basic principles of intellectual property law and the nature and scope of these rights. It will also explore the procedures, both national and supranational, for the granting and recognition of the rights, and mechanisms for enforcement as well as defences against enforcement’ [source: Brunel University website].
The Patent Examination Board (PEB)
The PEB examinations are held once every year, usually in October. The PEB does not run any courses – trainees prepare for the exams in their own time, and/or by going on external courses. Please note, as of 2015 the names of the examinations have changed, but your supervisors will likely refer to the exams by the old names, so we have included both names in the list below. The PEB Foundation Certificate exams are:
a. Basic UK Patent Law and Procedure (former P1, now called FC1)
b. Basic English Law (former ‘Law’ paper, now called FC2)
c. Basic Overseas Patent Law and Procedure (former P5, now called FC3)
d. Design and Copyright (former ‘D&C’ paper, now called FC4)
e. Principles of Trade Mark Law (former P7, now called FC5)
www.cipa.org.uk/patent-examination-board/support/past-examination-materials

Please also note that the syllabi are updated each year, so the link above may not be the most recent one.

II. Finals Level

IPReg has approved only the Patent Examination Board as the examination agency providing Final level examinations. Please note, the names of the examinations changed in 2015, but your supervisors may refer to the exams by the old names, so we have included both names in the list below. The PEB Final Diploma exams are:

a. Advanced IP Law and Practice (former P2, now called FD1)
b. Drafting of Specifications (former P3, now called FD2)
c. Amendment of Specifications (former P4, now called FD3)
d. Infringement and Validity (former P6, now called FD4)

It is currently possible to be considered as having passed FD2 and FD3 by passing the equivalent EQE papers (Papers A & B) or the EQE as a whole. See here for more information:

Please also note that the syllabi are updated each year, so the link above may not be the most recent one.

III. Practice Requirement

In order to be entered onto the Register of Patent Attorneys, you are required to have spent two years in full-time practice in IP under the supervision of a:

Registered Patent Attorney

Barrister/solicitor/advocate who is engaged in, or has substantial experience of, patent attorney work in the UK

Otherwise, you need to have four years’ full-time practice in IP, including substantial experience of patent attorney work in the UK.
There is currently no specific requirement regarding the nature of practice to be undertaken. However, there is guidance on the knowledge and experience recommended before sitting the Final papers on the PEB website. For example, it is recommended that before you take FD2 (the drafting exam), you should have worked on ten UK drafts during your day-to-day work, and attempted at least five past papers.

IV. Litigation and Advocacy

There are three levels of litigation qualification. The first level is an Intellectual Property Litigation Certificate, which provides you with:

the basic right to conduct appeals in the High Court from decisions of the UK Intellectual Property Office;
the opportunity to seek judicial review of such decisions in the High Court; and
the right to be heard in the Intellectual Property Enterprise Court (‘IPEC’).

All attorneys attend and pass a Basic Litigation Skills Course within three years of qualification. More information about this requirement can be found on the IPReg website, ipreg.org.uk/pro/ipregs-regulatory-arrangements/litigation-and-rights-of-audience-rules
and, ipreg.org.uk/pro/cpd/intellectual-property-basic-litigation-certificate

IPReg has accredited three providers of a Basic Litigation Skills course.

Nottingham Law School
The Basic Litigation Skills course to be offered by Nottingham Law School is a five-day course for patent attorneys (generally Monday to Friday). The course is accredited by IPReg and will be assessed by a two-hour written paper and a 15-minute advocacy assessment between four and six weeks following the course. Success in the assessment entitles candidates to apply to IPReg for the Intellectual Property Litigation Certificate.
CPD Training (UK) Ltd
Several public CPD Training (UK) courses are typically scheduled to run in at various times across the year.

11. UK Qualification System

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