02-P6 book-pp09-16_8_Layout 1 22/05/2018 09:40 Page 15
2. How should I prepare to sit FD4? of the examination, overlooking any technical inconsistencies or absurdities (you try writing a scenario for FD4, and see how difficult it is!) and by writing as clearly as possible, so that the examiners do not have to struggle to read your script. Most handwriting can be read more easily if it is double spaced. Also, you can help the examiners by setting out your answer as seven sections corresponding to the seven sections of the marking schedule. Your paper will be marked by two examiners independently. They then compare the marks awarded, and if there is a discrepancy they will discuss the matter and agree a mark. They will be looking closely at candidates who have marks in the high 40s, to see if they can justify a higher mark. Any scripts where the mark remains in the high 40s will be looked at again by a member of the Patent Examination Board. The examiners really do try hard to ensure that any candidate who has written a script that justifies a pass is actually given a pass. Being a patent attorney is being part of a service industry, and if you are in a service industry you must be able to work out what the client wants and then be able to provide it. In FD4 it is just the same, but you must understand that the examiner is the client! Remember, however, that when you are construing, or determining infringement or validity you should be dispassionate, and you should reach the same conclusion regardless of whether your client is the patentee or the infringer. Your client needs to know the situation as it really is. If there are arguments that one side or the other could run, they may be outlined, but you must try to reach a ‘fair’ conclusion, rather than siding with your client while preparing an opinion. It is in the memorandum of advice that you can put forward arguments that specifically support your client. Finally, it cannot be over-emphasised that to pass FD4 you will need the appropriate set of skills, and you will only obtain them by practice, and the most valuable practice is practice under examination conditions.
Infringement and Validity • 2018
15
