Updated 27 Jan 21: see post on using digital functionality more during exam. Updated 7 Jan 21. Based on Mock1, PE, D1 and D2 seem very doable with a small amount of practice. Important is to find the way that is most efficient for you that results in the fewest mistakes. It is a pity that no highlighting is available in D1/D2 – this would reduce the risk of mistakes. Concentrate on the content (as before) and dont be distracted by additional possibilities to make your answers look nice. Feel free to distribute any materials as long as you indicate the source. There is a separate post for A, B and C.
Hardware – laptop with screen disabled using Windows display settings, 27inch external monitor 1280×1080 connected via USB-C to HDMI converter
Software – Win10, Chrome browser. I created a new user account with user-only privileges (not administrator). But to start Lockdown Browser (Respondus v2.06.08 7 Aug 20), you need to enter administrator password when prompted. The only “problem” I encountered was that local copies (invigilator options in case of problems) were saved in the Downloads folder of the administrator account, not the user account.
General plus points:
- Repeatedly opening and closing browser (and rebooting) did not affect the editor window – it retained the answer.
- Can open many tabs of assignments, zoom and search in them, allowing separate views of pages or parts of pages.
- Copy/paste from tab useful for words and phrases
- PE: allows quick and intuitive highlighting of words & phrases in questions
General minus points:
- Separate participations passwords are needed for each part, provided by email. But once Lockdown Browser starts, you can no longer read e-mails or print. Make sure you have the right ones available on paper for the whole exam (for split exams, there will be more than one).
- Selection of specific text in tabs is sometime difficult – copy/paste frequently left pieces behind or copied too much. You waste time reformatting. I dont know if this is related to the pdf.
- For D no highlighting. For pages only available on-screen, impossible to keep track of what you used or noticed.
- Multiple tabs cannot be named or viewed side-by-side
- Bug 1: max of 9 additional tabs (in addition to main tab). If you open 11th tab (10th additional tab), browser freezes and PC must be rebooted. It is also possible to click (i) in browser, select “Proctor Exit”, and then enter Invigilator Password to exit.
- Bug 2: with smaller screens (14 inch), tabs can be opened but not accessed as they are off screen. Max. 6 tabs visible on 14 inch screen.
- Only one view of your answer available, so for long answers (D2) you may need to scroll around.
Tips – PE
- Print all the password emails before starting.
- Use flags for uncertain questions and a sticky note summarizing your uncertainty.
- Use notepad to keep claims (or other text) visible during scrolling and/or moving between questions
- Dont use drawing options – highlighting and sticky notes are superior
Tips – ME D
- Print all the password emails before starting.
- Use separate online tabs for at least the non-printable pages. For D, can use 1 tab for each non-printable page. With a 27-inch screen, full page view is easily readable.
- If several tabs open, use (coloured) tabs on top edge of your monitor to indicate what each one is (Q or Page) so you can click quickly to what you want.
- It is tempting, but dont copy too much text from assignment to answer to make it nice.
- For copy/paste in tabs, try selecting bottom up instead of top down before copying
- CTRL keys work in answer – C, V, B, U, I etc. “Shift+arrow” works for selection
- Dont waste time on nicely formatting your answer – use one header, use “-” and “1”etc instead of bullets and numbered lists, dont use font colors or text backgrounds (may be lost if text is converted further)
- Dont put tables in answer – can just use TAB for aligned lists. They want to see arguments and explanation, not a table for which the interpretation is subjective.
- Make any analysis table/matrix/chart on paper – if you put in your answer, it will be slower, take up a lot of room (so you will have to scroll more). This is not getting any marks, so keep it brief and refer to paragraphs in the exam.
- Dont use drawing or Latex appendices – these are included as images in your answer and take up a lot of room.
- Dont use drawing appendix for timelines – does not get marks, much slower than doing on paper.
- Use a template for each answer, and put the headings in your answer. This prevents you forgetting things and allows you to quickly navigate.
- Use one or two heading types in answer (Heading3 or Heading4) – this allows you to click on headings in Table of Contents to quickly jump (this worked the first time I used it, but when I went back the clicking did not work anymore).
- To reduce risk of copying wrong details to paper overviews, read assignment in tabs and select dates or facts (as if you were going to copy) before you not them so that you do not lose your place, making it easier to double check.
- You don’t need complete sentences – answers can be given bullet-style to reduce scrolling.
Suggested improvements:
- Send one email with all participation passwords for a whole day in one e-mail
- PE: Separate languages, not all three. Fix Completed status. Allow unselection of T/F.
- PE: provide electronic version of assignment and calendars
- PE: allow resizing of notepad window
- ME: allow zooming of assignment preview
- D1 & D2: provide electronic version of calendars
- ME: allow highlighting of at least non-printable pages, preferably all pages
- ME: clarify what is expected with drawing & Latex appendices. Drawing is slow way of answering. Text boxes can be inserted with drawings, but this is very slow. Is this to be encouraged? Will these be accepted as part of the answer?
- ME: allow text-only appendices to be defined and inserted into answer. These would allow different sections of answer to be visible in different tabs.
- ME: make sure hyperlinks in Table of Contents work reliably
CLICK BELOW FOR MORE ABOUT PE, D1 & D2
Pre-Exam
- Extra time given: 40 mins (now 4 hr 40 mins) – four parts
- Pre-print: only calendars (legal) and application description & prior art (claims analysis). Calendars not available electronically.
- Only on screen: questions and claims
- No separate answer/assignment tabs. Question can be highlighted
- Three languages always visible means scrolling a lot up and down (mainly in claims analysis) between text being evaluated and selections. This increases chance of incorrect reading or missing critical word/phrase.
- Can copy/paste parts of question to notepad, so always visible. But either small or full-screen – cannot resize.
- Cannot unselect T/F choice, but can place a sticky note, can highlight or flag question to indicate unsure answers
- Can move to next question and come back later – sticky notes & highlighting remain
- Overview indicates uncompleted, completed & flagged questions. Bug: questions considered “completed” in overview when some but not all T/F’s had been answered
- Not possible to open an electronic version of complete exam
- Overall verdict: legal questions work well. Claims analysis doable if one language only is made visible, and you use notepad for text of claims to help comparison.
D1
- Extra time given: 15 mins (now 3 hrs) – two parts
- Pre-print: only calendars. Calendars not available electronically.
- Only on screen: questions
- Separate answer/assignment tabs. No highlighting. 25 marks per D1 part – expect 3 or 4 questions per part. Allowed 3.6 mins per mark, but advise using 3 minutes per mark => 15 mins reserve and mentally easy to calculate.
- 1) Open each page (expect 3 – 5 pages) in a separate tab for extracting dates to timelines and possibly copying words or phrases. If helpful, use (coloured) tabs on top edge of your monitor (Q1, Q3, Q5). Do NOT open more than 10 tabs as this crashes the browser.
- 2) Use Heading3 or Heading4 for Question numbers (other headings were very big). So if answer becomes longer, can use Table of Content option with links to jump quickly between parts of answer. Note: this worked the first time, but when I went back later, the links did not work anymore. Also need to close preview to see it.
- 3) Start reading first question – decide within few minutes whether you will answer now or do last. Do your best questions first.
- 4) Open assignment preview side-by-side and view question while answering. Not zoomable, so may need to be scrolled.
- 5) If answer requires parts, add a), b), c) reminders to editor window. This is reminder to answer all parts – dont need to copy question into answer. Answer is marked as a whole, so a), b), c) parts can be answered anywhere. Can use abbreviations.
- 7) Read in assignment tab as this allows temporary selection of text so that you do not lose your place when copying facts/dates between screen and paper.
- 6) Draw timeline on paper. Too slow to make an electronic version in answer and gets no marks anyway. Not feasible or useful to draw with mouse in a drawing appendix.
- 8) Be clear on what is being tested by identifying keywords within the question and determining where you are in the grant procedure. You can use a D1 checklist like this. This should be enough to start answering.
- 9) View question in assignment preview side-by-side while completing answer and looking up legal basis. Not zoomable, so may need to scroll.
- 10) The answer I generated for this D1 question is available here.
- Overall verdict: D1 questions are doable – little difference with paper only. Main dangers are mistakes copying dates between screen and paper timelines or notes – double check as mistakes can cost a lot of marks. Each answer is marked as a whole, so repetition is not always necessary. You don’t need complete sentences – answers can be given bullet-style to reduce scrolling.
- Extra time given: 15 mins (now 3 hrs) – one part
- Pre-print: only calendars. Calendars not available electronically.
- Only on screen: legal opinion assignment and questions
- Separate answer/assignment tabs. No highlighting. 50 marks per D2 part – expect 3-5 pages followed by 4-5 short questions. Points per question not normally given.
- 1) Open each page (expected 3 – 5 pages) in a separate tab for extracting dates to timelines, key facts for overviews and possibly copying words or phrases (normally you will not need to do this in D2). If helpful, use (coloured) tabs on top edge of your monitor (P1, P2, P3/Questions). Do NOT open more than 10 tabs as this crashes the browser.
- 2) Read questions first in last tab so that you know what you need to address in your answer. You are looking for clues to key legal issues, key rights, important countries, and main competitors.
- 3) Copy questions into answer to ensure you answer each question (marks are frequently lost on D2 by not answering the questions) and each part of question. Be explicit about products, countries and parties.
- 4) Also make a TO DO List on paper for things not to forget. Dont make electronically in answer as this will increase scrolling and gets no marks anyway.
- 5) Read in assignment tab as this allows temporary selection of text so that you do not lose your place when copying facts/dates between screen and paper. Read each paragraph, sentence by sentence and either note facts/dates in an overview tool or note on TO DO list. These are just notes – refer to paragraph number for details.
- 6) Two main types of overview tool – a simple timeline (similar to DI) + application/patent & possible A.54(2) overviews; or combined timeline-table. Notes made on paper should be brief as they get no marks – main goal is to sort information from exam order into a more logical order for patentability analysis. Refer to paragraph numbers. Don’t make electronically in answer as this will be slower, will increase scrolling, gets no marks anyway, and you need the overview to be visible as you compose your answer. Use abbreviations – e.g. CC-ell rib, CC-tri rib, CC-rib, CC-X, CP-G in overview tool.
- 7) For all applications/patents, check whether it was published and add to timeline. If not given explicitly, you should be able to work it out (published if pending at 18m).
- 8) Add header ANALYSIS to answer. Put in here any legal analysis made while considering facts from exam as that will get marks – for example, filings outside 12m priority year, likely publication dates (18m), legal status of applications, period for remedies expired etc. Answer is marked as a whole, so it is not necessary to have arguments fully grouped together. Optionally have a separate header for LEGAL ISSUES if you prefer. These sections are for pieces that you will need later, but you do not know exactly where they should go.
- 9) The answer template I generated for this D2 exam is available here.
- 10) For every claim, analyse whether priority is valid, and thus effective dates. Add to your answer under ANALYSIS and note the effective dates for the claims in your timeline.
- 11) The other pieces you will need are novelty and inventive step of each claim. Combined with procedural status and legal knowledge, you can predict who will get what rights and where based upon the situation-as-is (what will happen if you do not take any actions). The impact on sales/manufacturing of each product can also be predicted. A right on a genus can block all species. A right on a species can only block the same species. This is the detail needed for Q.1 in this exam.
- 12) Open assignment preview side-by-side and view relevant paragraphs while answering. Not zoomable, so may need to be scrolled. You don’t need complete sentences – answers can be given bullet-style to reduce scrolling. Can use abbreviations – e.g. CC-ell rib, CC-tri rib, CC-rib, CC-X, CP-G in answer.
- 13) While answering Q.1, you will notice actions you can take to improve the clients business and/or attack the competitors business. These should be detailed under Q. 2 in your answer. Also consider filing new applications preferably claiming priority and/or claiming unclaimed subject matter. Licensing and cross-licensing are usually relevant.
- 14) For each action, you can predict whether it will be successful and how it changes the situation described under Q.1. This improved situation is detailed under Q.3 in your answer, being specific about the impacts on manuf/sales of particular products in particular countries.
- Overall verdict: With only 3-4 non printable pages, and extra time, D2 is doable. This mock is a 60 mark D2, so the 2021 D2 should require a shorter answer. Normally, you can mark on paper copy sentences you dont understand, or to consider later or to not forget. Now, you need to make a brief note on a paper TO DO list. Main dangers are mistakes copying facts/dates between screen and paper timelines or notes – double check as mistakes can cost a lot of marks. Each answer is marked as a whole, so repetition is not always necessary. You don’t need complete sentences – answers can be given bullet-style to reduce scrolling.
- Updated 27 Jan 21: see post on using digital functionality more during exam.
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