Resources for Preparing for FD1 (and FD4)
There are various courses, materials, books, websites, and blogs (which are obviously fantastic) out there for candidates looking to learn patent law. I haven’t used all of the resources available to prepare for the exams, nor do I think using all of them is necessary. What is necessary, is to try different ways to learn the material and figure out what works for you.
Some people are interactive learners, some people are visual learners, some respond well to discussions: there is no correct method for everyone. In truth, we’re all probably a little bit of each, with some of these working better than others, so I encourage you to explore what might work for you.
In this article, I’m going to summarise the resources I know of and my experiences with them where relevant. If you have other resources which you found helpful, please do leave a comment. This list is non-exhaustive.
What this article will not cover is the various Acts and Rules (or conventions/treaties and regulations) that you are expected to be able to apply (including the EPC, the US, or the Japanese law.). A summary of what is required can be found in the syllabus (2021 syllabus has been published here), and I may write an article in future covering those.
I appreciate that many of these might be familiar to many of you. I’ll consider it a win if you find at least one which you have not stumbled accross before.
Edited 04/05/2021 - To include a section on the Hague Guide for Users relevant to International Design Registration
Edited 31/07/2021 - CIPA’s shiny new website went and ruined my links to it.
Text Books and Manuals for FD1 and FD4
There are a myriad of textbooks you can use to help you to learn the law.
The CIPA Guide to the Patents Acts
The ‘Black Book’ is well respected in the UK profession.
Whilst the Black Book is the definitive reference text for understanding the Rules and the Act: nobody expects you to memorize it for the exam. Personally, what I found was that if there was a concept I was looking for more detail on, or I wanted to understand how part of the law worked, I would check the relevant section in this book which gives a very detailed explanation of practice for any particular point of law. Terrell on the Law of Patents is a similar style of book I believe, though I haven't used it.
Doug Ealey’s Guide to the Patents Act (or “The Green Book”)
Edit 07/05/2021 - I believe the latest version will be released 01 June 2021, so hold fire ordering it until then. Check his LinkedIn group for updates.
For a simplification of the language of the Act, I recommend Doug Ealey’s green book. Doug has done a great job of pulling out key concepts from the legislation in an accessible manner. I believe he wrote the book based on his own notes when he was studying for P2 (now FD1). What’s more, Doug provides a very nice summary of what you are expected to know with respect to the European Patent Convention, the Patent Cooperation Treaty, and the law in the USA and Japan.
Of particular use for students this year, I think, will be Doug’s summary of the Brexit fallout for designs and trade marks.
I found Doug’s book a very useful summary in plain language to introduce the key concepts of the law required for FD1.
The Manual of Patent Practice
Not so much a book as a PDF (or indeed, indexed website), the Manual of Patent Practice discusses many points of law and how the courts have interpreted them.
It has less detail than the Black Book, but I found that its best use was in a similar way. I would read the wording of the relevant statutory text, read the green book, and then refer to the MoPP to explore the wider subject.
The Formalities Manual
I’m not too sure how used the Formalities Manual is. There are two things that I think it does really well, for which I referred to the formalities manual often whilst studying. These are:
- explaining how extensions work (see Chapter 10)
The formalities manual seemed to explain it in plain English, where the flitting between the Rules and the Schedules was very unintuitive for me.
- summarising deadlines for divisionals and applications from entitlement disputes (see Chapter 14.21)
Honestly, I didn’t use it for much else.
The Applicant’s Guide to the PCT
The Applicant’s Guide is very useful for understanding the PCT. A previous tutor of mine was very keen on people learning the PCT because, as she pointed out to me, there is no case law on the Articles or Regulations of the PCT. It seems to be a last thought for those revising for the UK and EQE exams, but dedicating time to it is incredibly useful for practice, and hence the PEBs and the EQEs, which both examine aspects of it.
WIPO produces a special version just for EQE candidates, but I think what is perhaps even more useful is Pete Pollard’s condensed books. The PCT References Part I and Part II are the textbooks I am referring to here. Pete has done an excellent job of pulling out the key parts of the full Applicant’s Guide to provide a condensed resource.
I’d suggest you incorporate these books into not only your FD1 learning plan, but it will be essential for training for your EQE, for which Pete’s blog is also a fantastic resource.
The Hague Guide for Users
Based on the changes to the syllabus (see my article here), I think international designs and the registration process therefor will become increasingly relevant when studying for FD1. A good starting point might well be the Hague Guide for Users published by WIPO. If you look to the syllabus to guide your use of the guide, that should mean that you can cover and revise all of the key aspects of the international design registration process, and the relevant law, and thus be well armed for any question thereto in FD1, should it arise.
Infringement & Validity - “The Pinkish-Reddish book”?
This textbook covers the concepts needed for the FD4 exam. I have never used it, so if you have any thoughts on it, please do leave a comment for others.
Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights - Cornish, Llewelyn, & Aplin
I bought this book when doing my foundation intellectual property course. As a science graduate entering the world of intellectual property law, I found it to be a very accessible entry-point into reading about the various intellectual property rights. I’d recommend it as an introductory text to IP law for those on the start of their qualification pathway.
Blogs, e-events, and other resources
The Yellowsheet
I’m sure anyone reading this will know about this resource, but just in case you don’t the Yellowsheet is the official blog of the ‘Informals’ (i.e. not fully qualified members of the profession).
This website is run by a rolling team of your peers which changes once a year. It is very useful for finding out about lectures and tutorials organised by CIPA. These lectures and tutorials are useful for learning broad concepts and being able to ask a qualified attorney questions about the relevant topics.
This year, there has been an excellent series of Yellowsheet posts focusing on wellbeing.
The Mentor System
If you’ve been unsuccessful passing the examinations at least once, you can apply for the mentor system. You’ll be paired with an experienced patent attorney who will provide custom tutoring to help you understand where you are going wrong and work with you to put it right and get you through the exams.
I can only comment on the tutor I have been assigned, but I must say I was lucky enough to have an absolutely fantastic tutor, who I enjoyed discussing the exams with, and who was really a game-changer in terms of how I prepared for and answered these exams. I’d absolutely recommend using this system if you have failed one or more of the exams and want help to see where you’re going wrong.
Paid-for Courses
I am aware that there are paid for courses available from various suppliers (see e.g. the JDD courses). I have never been to an FD1 or FD4 course, so I cannot comment on them.
The PEB Website
There are plenty of resources ( syllabi, past papers, model answers, communications, procedures, and examiner’s reports) directly from the Patents Examination Board, which are critical resources in understanding and preparing for the exams. Familiarising yourself with these is a must.
In fact, the syllabi themselves have a recommended reading list at the end of each, which you may find useful.
Final thoughts
These materials will be invaluable as you start revising the law in the run up to the exams. Now that you have them to hand, the next step is to start using them to solve legal problems. I hope you found this list of materials and my comments on them useful. If you know of a great resource which I’ve not mentioned which you find useful, please do leave a comment for others.
