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3.1.21 Overview of the FD1 Exam General: • FD1 is the Patent Practice paper. It is often referred to as the Law paper, but in fact the emphasis is on the application of the law in practice to ‘real life’ situations, and hence has strong problem-solving elements. This is discussed in more detail in Parts 3.2 and 3.3. • Part A of FD1 comprises five or six compulsory short questions of up to 10 marks each. Part B of FD1 comprises three or four questions of 25 marks each, from which you choose two. Each part is worth 50 marks. Time: • You have 240 minutes. A common breakdown of this time is to assume that half an hour is spent reading the questions and checking answers, i.e. not actually writing. This leaves 210 minutes of output time. • The pass mark is 50%, or one mark every four minutes. On the assumption that not everything you consider to be a mark is held in similar esteem by the examiners, aim for 70 marks or one for every three minutes of output time. • Time management is dealt with in more detail in Part 3.4. Effort: • Note that a significant majority of people achieve more than half the marks in part A, but fewer than half the marks in part B. Therefore improving one’s performance in part B can be a determining factor in passing the exam, particularly if you are retaking it.
3.1.31 The Syllabus • The Patent Examination Board are committed to covering the full breadth of the syllabus over the course of successive exams, and consequently it is important to recognise that there are no shortcuts to success; it will be necessary to know the law and practice covered by the syllabus thoroughly. • However, there are common scenarios or subjects that occur in Part A questions that it can be useful to familiarise yourself with or at least anticipate: i. Designs – Question 2 is traditionally the question where you explain the applicability (or not) of the various design rights to the features of the client’s object. Part 1.2 above covers the issues commonly related to this question. ii. Patentability – A client has an idea that involves patentable and unpatentable matter, some explicit, probably some implicit. Identify each and explain why it can or cannot be patented in the client’s jurisdiction of choice, and/or offer alternatives. iii. Ownership – In FD1, employed inventors have a tendency to file their own applications, whilst private inventors have a tendency to make deals with crooks. Depending on the facts, you will be expected to handle the ensuing issues of ownership, entitlement, and/ or compensation.
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Part 3: Guidelines for Taking FD1
