PEB Exam Registration

Candidates should use this policy if they wish to appeal an administrative decision about:

• Eligibility (Qualifying Examinations and PEB Advanced Certificate in Patent Administration only)
• Exemptions (Qualifying Examinations  and Advanced Certificate in Patent Administration only)
• Reasonable Adjustments (all PEB examinations)
•  Malpractice (all PEB examinations)
• Any other PEB decision relating to the administration of the examination.

A fee may be levied for this service. If the appeal is upheld, a full refund of the fees charged for this service will be made.

For Malpractice appeals only:

The appellant has a right to be heard by a panel of three people, none of whom took the original decision.

If you wish to appeal an examination result, please use the Enquiries about Results Policy.

If you wish to provide feedback to the PEB on its customer service level, please use the Customer Feedback Policy.

The PEB aims to provide the highest possible standard of service to candidates and stakeholders. If you are dissatisfied with any aspect of the service quality you receive, or have feedback or suggestions for improvement, we would welcome your comments.

PEB considers all complaints, feedback and suggestions seriously. Feedback, complaints or suggestions that are submitted in anonymous emails will be considered, but the PEB will not provide a response.

Comments and Feedback

Comments and feedback can be provided to PEB in the following ways:

• After every Qualifying Examinations and ICPA examination session, the PEB contacts candidates to invite them to complete the Candidate Survey. The Candidate Survey Report and the PEB’s Response are published on the PEB website after the examination results have been issued to candidates.
• Twice yearly, representatives of the “Informals”, a group of student members of CIPA, meet members of the PEB Governance Board and PEB staff. The Informals raise issues and queries of general interest (not matters relating to individual candidates) at these meetings.
• By email to [email protected].

Complaints

1          Complaints may be made by an individual, a business or an organisation.

2          The PEB will not accept complaints that relate to matters that occurred more than six months previously.

3          Complaints should be emailed to: [email protected] .

4          The email should state clearly the nature of the complaint. Any relevant documents should be included as attachments (Word or PDF).

5          The PEB will:

• Acknowledge receipt of the complaint within five working days of receipt
• Investigate the complaint or arrange for an independent investigator if this is more appropriate. The PEB will not re-visit issues that were previously considered under the Appeals Policy in the course of the investigation;
• Provide a full response to the complaint within fifteen working days. If this is not possible the complainant will be sent an interim response stating the reason(s) for the delay.
• If appropriate, the response will include details of any arrangements for raising the matter with the PEB Governance Board, with CIPA or with an external body, for example IPReg.

What this Policy does not Cover

Examiners’ decisions involving the application of professional or academic judgment are not covered by this Policy.

If you have failed an examination and are not content that your assessment was marked accurately, you should refer to the Enquiries about Results Policy.

You should refer to the Appeals Policy, if you wish to appeal an administrative decision including a decision about:

• Eligibility (Qualifying Examinations only)
• Exemptions (Qualifying Examinations only)
• Reasonable Adjustments (all PEB examinations)
• Malpractice (all PEB examinations).
• Special Consideration (all PEB examinations)
• Any other PEB decision relating to the administration of an examination.

Foundation Examinations

To be eligible to undertake any of the PEB Foundation Examinations candidates must hold a degree awarded by a UK institution in a Science, Technology, Engineering or Mathematics subject (a STEM degree).

Candidates holding a degree not awarded by a UK institution must provide a statement of comparability from NARIC with their application form.

If a candidate does not hold a STEM degree they may apply to the PEB to have alternative qualifications and/or experience considered.

The PEB will recognise any request for eligibility previously granted by the JEB.

Final Examinations

In order to be eligible to undertake any of the PEB Final Examinations candidates must have passed either:

• the Foundation Certificate examination FC1 (P1) (set by either PEB or JEB) or
• the Foundation level examinations set by any other examination agency approved by IPReg listed in Rules for Examination and Admission of Individuals 2011| The Intellectual Property Regulation Board
• the University of Manchester Diploma/LLM in Intellectual Property passed in or before July 2013

PEB recognises any eligibility request previously granted by the JEB.

Certificates in Patent Administration

There is no need to obtain any prior qualification in order to be eligible to enter for the Introductory Certificate in Patent Administration.

It is advisable that candidates have a minimum of 6-12 months relevant work experience before undertaking the Introductory Certificate in Patent Administration.

In order to be eligible to undertake the PEB Advanced Certificate in Patent Administration candidates must have passed the PEB Introductory Certificate in Patent Administration or its equivalent.

Qualifying Examinations

All examination exemptions and passes awarded by the JEB will be accepted as exemptions and passes of the equivalent PEB examinations. They will automatically be transferred from the JEB record to the PEB record. Please note that the PEB policy on granting exemptions differs from that adopted by the JEB.

The PEB can only consider requests for exemptions based on examinations listed in Schedule 3 of the Rules for Examination and Admission of Individuals.

1. Foundation Certificate

The PEB will consider requests for exemptions from the FC2 (English Law) PEB examination if a candidate has successfully completed one of the Law qualifications or law examinations listed in  Schedule 3 of the Rules for Examination and Admission of Individuals   

The PEB will recognise any exemption previously granted by the JEB.

2. Introductory Certificate and Advanced Certificate in Patent Administration

Candidates who hold the Certificate in Patent Administration awarded by CIPA are exempt from the Introductory Patent Administration Certificate.

The PEB will normally publish by the end of the year which precedes the year in which the examination takes place (e.g. by the end of 2016 for 2017 examinations) the examination dates, including the:

• opening and closing dates of the examination registration period
• dates of the examinations
• the results issue dates.

Registration Policy

Registration for PEB examinations must be made before the published closing date, and payment must be received on or before the published closing date for registration, using the appropriate Examination Registration Form.  Candidates must ensure that they register within the specified time to avoid the late registration fee.

The PEB does not accept applications by email.

Payment Policy

Payment must be made by Bank transfer (BACs) on receipt of an invoice from PEB Payment must be received before PEB can process the Examination Registration Form.

A receipt or registration form acknowledgement email will be sent within 48 hours of receipt of the Examination Registration Form. This is NOT a confirmation of registration.

Withdrawals and Refund Policies

Withdrawals from Qualifying Examinations

If a candidate withdraws from any Qualifying Examination at any time, the fee paid is neither refundable nor transferable after receipt by the candidate of confirmation of registration, with the following exceptions:

A full refund will be given to candidates who:

• withdraw from FD2 (P3) or FD3 (P4) within one month of the publication of the EQE results;
• enter for the PEB English Law (FC2) examination and are subsequently granted an exemption before the examination takes place.

If you wish to withdraw from FC2, FD2 or FD3, please contact the PEB.

Exceptional circumstances: A partial refund may be given to candidates who, due to exceptional circumstances (e.g. illness, pregnancy-related circumstances), withdraw from a Qualifying examination. Candidates should apply to PEB for a refund accompanied by suitable evidence (e.g. a medical report) as soon as possible and, in order to be eligible for a refund, no later than 15  working days before the date of the examination. Any granted refund will be at the discretion of the PEB and will be less an administrative charge as shown below. 

The administrative charge is designed to cover the costs that PEB is committed to once the registration has been confirmed .

If you wish to withdraw from a Qualifying Examination,  please email [email protected] with your request stating the reason for withdrawal.

Withdrawals from the Patent Administration Examination

IPAC course fees are not refundable.

If a candidate withdraws from the ICPA examination at any time, the fee paid is neither refundable nor transferable after receipt by the candidate of confirmation of registration.

A partial refund may be given to candidates who, due to exceptional circumstances (e.g. illness, pregnancy-related circumstances), withdraw from the ICPA examination. Candidates should apply to PEB for a refund accompanied by suitable evidence (e.g. a medical note) as soon as possible and, in order to be eligible for a refund, no later than 15 working days from the date of the examination. Any granted refund will be at the discretion of the PEB and will be less an administrative charge as shown below.

The administrative charge is designed to cover the costs that PEB is committed to once the registration has been confirmed .

 If you wish to withdraw from the Patent Administration Examination (ICPA), please email [email protected] with your request.

Where PEB receives both a correctly completed application form AND the entry fee for a PEB examination by the published deadline, the entry will be deemed to have been received by the closing date and will be processed.

Where either the form and/or the payment is not received by the PEB by the published closing date, the PEB may, at its discretion, process the entry on receipt of the late entry fee.

Requests to change an examination venue from the one originally requested by the candidate will be considered up to six weeks before the examination (IPPC) or up to six weeks before the start of the examination week (Qualifying Examinations).

Requests to change venue received after the above stated dates cannot be considered.

Candidates who fail to attend an examination at the prescribed time for whatever reason, will not be allowed to take that examination at a different time in that examination cycle.

If there are exceptional circumstances which cause the candidate to know in advance that they will not be able to attend at the prescribed venue, and if the PEB receives enough notice to make the necessary administrative arrangements, the PEB will seek to accommodate a change of venue request.

For information on refunds for missed examinations please see the PEB Registration, Payment, Withdrawal and Refund Policies .

Reasonable Adjustments are the main way in which the PEB complies with its duty under the Equality Act 2010 to provide fair access to assessment for candidates who have particular needs that have a substantial and long-term adverse effect, such as: cognition and learning needs; communication and interaction needs; sensory or physical needs; social, emotional or mental health needs; health issues; disabilities; and temporary or permanent injuries.

Reasonable Adjustments allow candidates to access the examination, and show what they know, understand and can do.

The PEB’s Reasonable Adjustments Policy provides additional support for the following categories of candidates:

• Those with a permanent physical, sensory or mental disability that is likely to affect the candidate throughout their life.
• Those with temporary physical, sensory or mental disability that is likely to affect the candidate for less than one year, and is likely to improve. Examples of a temporary disability could include broken limbs or injury to hands which could impair a candidate’s ability to word process their answers.

Requesting Reasonable Adjustments

1          Adjustments requested must be reasonable and not give the candidate an unfair advantage.

2          The PEB Qualifying Examinations and ICPA assess the candidate’s professional competence. Reasonable Adjustments cannot remove, alter or weaken competence requirements.

3          Examples of adjustments or arrangements that cannot be granted include:

• adjustments that would alter the nature or content of the assessment and/or undermine the integrity of the examination, for example changes to the style of the assessment, or the number of questions
• additional time plus rest breaks
• taking the examination in extra sittings, for example over two days
• question papers in a language other than English
• extra time to accommodate candidates whose first language is not English
• use of mono-lingual dictionaries
• use of bilingual dictionaries, for example for candidates whose first language is not English.

4          Requests for Reasonable Adjustments must be supported by relevant, recent evidence. The required evidence comprises the two elements (a) and (b) below.

(a)       Evidence of the health issue(s), physical, sensory or mental disability, temporary or permanent injury or other specific need:

(i)    For all Reasonable Adjustment requests, the evidence of the issue, disability, injury or specific need must have been provided by an appropriately qualified professional such as a doctor, a practitioner currently registered with the Health and Care Professions Council (HCPC), a psychiatrist, an educational psychologist, or other person appropriately qualified in the relevant field.

(ii)   The professional must be, or have recently been, involved in the candidate’s care in relation to the condition described.

(iii)  The professional’s report must provide relevant information/evidence of the nature and extent of the disability or difficulty.

(iv)  For specific learning needs, such as dyslexia, the evidence must include a full diagnostic report from a specialist teacher who holds a current practising certificate in assessing specific learning difficulties issued by their relevant professional association, or from a clinical psychologist or psychiatrist registered with the HCPC.

(b)       Evidence of the candidate’s normal way of working, which must explicitly:

(i)    state the Reasonable Adjustment requested and why;

(ii)   relate directly to the Reasonable Adjustment that is requested;

(iii)  confirm that the Reasonable Adjustment requested forms part of the candidate’s normal way of working.

Evidence of the candidate’s normal way of working can be met by submission of a workplace needs assessment report and/or a letter from a current employer that meets criteria (b)(i), (ii) and (iii).

Evidence in support of an application for Extra Time or Supervised Rest Breaks must additionally:

• confirm that the candidate has persistent and significant difficulties when accessing and processing information;
• show evidence of how the disability/difficulty has impacted on the candidate’s usual daily working practice;
• confirm that extra time or rest breaks are part of the candidate’s normal way of working as a direct consequence of the disability/difficulty;
• confirm that without the application of extra time or rest breaks the candidate would be at a substantial disadvantage when compared with other, non-disabled candidates taking the assessment.

5          Reports used to support applications for Reasonable Adjustments for examinations before the age of 18 or university needs assessments/screening reports will not normally meet the evidence requirements.

6          Guidance on specific Reasonable Adjustments

Application Process

Reasonable Adjustments must be approved before the examination takes place. The deadline for applications, together with supporting evidence, is the last working day of the August before the examinations take place.

In submitting your application for Reasonable Adjustments you are confirming that you have read and understand the PEB Policy on Reasonable Adjustments.

When you complete the Registration Form, you should indicate that you are requesting Reasonable Adjustments and specify the adjustment(s) you are requesting.

You are strongly advised to upload your supporting evidence when you register. This will help ensure that your request can be dealt with promptly.

If you do not upload your supporting evidence when you register, you must email it to [email protected] by the deadline of the last working day in August.

Evidence received after the end August deadline will NOT be considered and it is likely that your request will be refused.

The PEB will contact you with the outcome of your application as early as possible. However, there may be a delay in dealing with an application if the PEB needs to ask for advice from an external reasonable adjustments specialist.

If your request for a Reasonable Adjustment was approved in a previous examination session, and your condition or disability is permanent, you will still need to indicate on the Registration form that you are requesting a Reasonable Adjustment. You will not need to submit new evidence unless your condition has changed. However, the PEB routinely reviews Reasonable Adjustment applications that were approved in previous sessions and may contact you to ask you to provide recent evidence.

Late requests

Exceptionally the PEB will consider requests for reasonable adjustments up to six weeks before the examination (ICPA) or up to six weeks before the start of the examination week (Qualifying Examinations).

Applications received close to the deadline will only be considered by the PEB if:

• there was an unforeseeable, unavoidable circumstance(s) beyond your control that meant you were mentally or physically incapable of submitting your application to request a Reasonable Adjustment by the deadline, and/or;
• the circumstances or condition stated in the reason for the adjustment request could not have been known to you before the deadline, and;
• there is sufficient time remaining before the examination to accommodate the specific adjustment that has been requested, and;
• there are valid and evidenced reasons why you did not submit the application prior to the deadline.

If the PEB is not able to meet a late request for Reasonable Adjustments, you could consider lodging a Special Consideration request after the examination.

Special Consideration:

• is the process whereby possible adjustments to the candidate’s mark are considered;
• cannot remove the difficulty faced by the candidate.
• will only result in an adjustment to the total mark awarded, where there has been a material detrimental effect on the candidate’s examination performance.

An application for Special Consideration may be made, following an examination, if the candidate’s examination performance may have been impacted by a temporary illness, injury or indisposition, or an event or incident which:

• was outside the candidate’s control;
• could not reasonably have been predicted; and
• was likely to have had a material effect on the candidate’s ability to demonstrate their normal level of attainment in the examination.

The result awarded must reflect the candidate’s actual performance in the examination. Only minor adjustments can be made to the mark awarded by examiners. Larger adjustments would jeopardise the standard of the examination. There are, therefore, some situations where candidates should consider not registering for, or withdrawing from, an examination. (The PEB Withdrawal Policy is here https://www.cipa.org.uk/patent-examination-board/policies/examination-policies/.)

PEB Examinations lead to the “licence to practise”. It is important to note that there may be situations where it is not possible for mark adjustments to be made.

 Eligible Circumstances

Eligible circumstances for Special Consideration are generally incidents or crises occurring between the date of application to enter the examination and the close of the examination, for example:

• death of an immediate family member or close friend within the previous two months or longer if there are ongoing implications such as a court case at the time of the examination;
• serious and disruptive domestic crisis;
• diagnosis of terminal illness of an immediate family member or close friend;
• significant incapacitating illness of the candidate or immediate family member;
• major surgery;
• disease;
• car accident;
• permanent bodily injury;
• severe asthmatic attack;
• flare-up of congenital conditions such as epilepsy or diabetes;
• physical assault/trauma.

Eligible circumstances include events or incidents outside the candidate’s control, such as:

• major disturbance in the examination room such as evacuation of the venue,
• loss of time due to late arrival at the examination venue due to exceptional circumstances outside the candidate’s control (such as complete shut-down of the transport network);
• in online examinations, technical circumstances such as complete internet loss due to failure on the part of the broadband provider.

Special Consideration cannot be requested where the candidate:

• has a long-term illness, permanent disability or condition, unless another significant illness affects them at the time of the examination. Candidates with a permanent disability or condition should refer to the PEB Reasonable Adjustments Policy https://www.cipa.org.uk/patent-examination-board/policies/examination-policies/ and the Reasonable Adjustments Procedure https://www.cipa.org.uk/patent-examination-board/procedures/examination-procedures/;
• has a sensory or physical disability that means they cannot access the examination, even with Reasonable Adjustments or modified examination materials;
• are affected by the consequences of committing a crime or using alcohol or drugs;
• experience technical equipment failure of IT/communications equipment, systems or software they have provided or chosen to use, for example: breaks in WiFi connection leading to loss of connection to the examinations system; firewall blocking access to the examination system; or an out-of-date licence preventing use of word processing software;
• were absent for more than 40% of the examination time allocated to answering the Question Paper;
• fail to apply for Special Consideration within the published time frame.

In cases where the candidate has experienced more than one form of disadvantage, Special Consideration will be applied only to the most serious indisposition or circumstance.

The maximum mark adjustment that can be awarded under Special Consideration is normally 10%.

Data Protection

PEB has to comply with Data Protection legislation and the CIPA Privacy Policy. PEB will not communicate about Special Consideration cases with anyone than the candidate unless the candidate has specifically given permission for a named person to be contacted.

Applying for Special Consideration

Deadline for applying for special consideration

Special Consideration must be applied for no later than two weeks after the examination for Qualifying Examinations, and no later than one week after the examination for IPAC and APAC. Special Consideration cannot be requested after the results have been issued.

To apply for Special Consideration, an application must be submitted to [email protected] within two weeks of the date of the examination which:

• includes the applicant’s candidate number and the examination reference/title;
• confirms that the applicant has read and understood the PEB Special Consideration Policy and Procedure;
• explains fully the circumstances the applicant believes impacted on their examination performance; and
• states what the applicant believes the impact on their examination performance to have been;

• supporting evidence, wherever possible. For medical and health-related applications this should be a letter from a doctor, hospital, or appropriately-qualified health professional. If the circumstances relate to sitting an examination at an office or place of work, an independent report should be provided by an appropriate member of staff. Candidates are advised to submit evidence at the time of application. If supporting evidence is not available they should state when they intend to submit it. Evidence cannot be taken into account if it is received after an application has been processed.

Malpractice is any deliberate action or practice that threatens the integrity of any PEB examination.  The PEB strives to prevent the occurrence of malpractice in its examinations, in order to safeguard their consistency and integrity.

The following are examples of candidate malpractice:

• Misuse of assessment material;
• Introduction of unauthorised material into the room where the candidate is sitting the exam. Unauthorised material includes: study notes and study guides, Except where they are specifically required to enable remote invigilation to be carried out, mobile phones, personal stereos and other similar electronic devices constitute unauthorised items;
• Obtaining, receiving, exchanging or passing on information which could be examination related  by means of  talking or using written papers /notes/material on the internet or on a computer or on another electronic device.
• Copying from another candidate
• Collusion – working collaboratively with other candidates
• Disruptive behaviour including the use of offensive language
• Failing to abide by the instructions or advice of an invigilator, supervisor, or the PEB in relation to the examination rules and regulations
• Impersonation – pretending to be someone else or arranging for another to take one’s place in an examination.
• Attempting to influence PEB decisions by inappropriate or unethical means.

The work submitted for marking must be the candidate’s own unaided work. Use of algorithm-based technologies that solve complex tasks by carrying out functions that previously required human thinking (for example AI) is not permitted.

Reporting and Outcomes

Candidates suspected of malpractice will be made fully aware in writing at the earliest opportunity of the nature of the alleged malpractice. Candidates will have the opportunity to respond in writing to any allegations. Such responses should be submitted within 14 days of receipt of the allegations.

The PEB will determine:

• Whether the regulations have been adhered to
• Where the culpability lies for the breach in regulations
• The appropriate measures to be taken to protect the integrity of the award and to prevent future breaches as well as mitigate against any adverse effect
• The nature of any penalty to be applied.

Penalties

The severity of the penalty will depend on the nature of the malpractice and the extent of any mitigation but may include:

• A void result for the particular examination where malpractice was adjudged to have occurred.
• A void result for the particular examination where malpractice was adjudged to have occurred and a void result for any other PEB examinations taken in that year.
• Permanent exclusion from all or a particular group of PEB examinations.
• If the candidate is a CIPA member, PEB will advise CIPA of the malpractice finding and the details including the candidate’s name.
• PEB will also inform IPReg of the malpractice finding and the details, including the candidate’s name.

Any candidate whom the PEB has decided is guilty of malpractice shall have the right of appeal (see Appeals Policy).

PEB Malpractice Procedure

Stage 1 – Identification of potential malpractice 

1. Reason to suspect malpractice may come to light in different ways, including reports from Marking Examiners, proctoring Reviewers, PEB staff and anonymous external sources. PEB investigates all reports of suspected malpractice irrespective of the source of such reports.

Stage 2 – Initial review of suspected malpractice cases and available evidence

2. Once suspected malpractice has been identified, PEB staff carry out an initial review of the available evidence. The investigation may involve (but is not limited to) reviewing:

• the Answer documents submitted for marking;
• data logs on the PEBX system;
• proctoring recordings and logs;
• Reviewer reports;
• emails and other correspondence with the candidate; and
• any other information or data deemed relevant.

3. If the initial review finds that there is no evidence of malpractice having occurred, no further action will be taken. If, subsequently, further evidence of malpractice emerges, PEB may decide that the case should be re-opened.
4. If it is concluded that further investigation is justified, a senior Examiner and a Governance Board member will review the available evidence. They may determine that there should be:

• no further action; or
• further investigation, which may include seeking additional information from the candidate and/or from the person who initially raised the case; and/or
• referral of the case to the Malpractice Committee.

Stage 3 – Malpractice Committee hearing 

5. PEB notifies the candidate by email using a standard letter. The candidate has 14 days from the date of the email in which to  respond.
6. PEB acknowledges receipt of candidate’s response and any attached documents.
7. PEB prepares a Suspected Malpractice Report including a summary of relevant evidence.
8. PEB arranges a meeting of the Malpractice Committee and, for each case, issues the papers (script(s), Suspected Malpractice Report, candidate response (if any) and any other relevant evidence) to the Committee members.
9. The Malpractice Sub-Committee comprises:

• at least one lay member of the PEB Governance Board
• a patent attorney member of the PEB Governance Board
• an independent external person (who normally acts as chair).

The PEB Qualifications Manager is in attendance to record decisions and provide technical advice. The Qualifications Consultant may alternatively or additionally attend.

10. The purpose of the Malpractice Sub-Committee is:

To determine, in the light of the PEB Malpractice Policy and the available evidence:

• whether the candidate has committed malpractice
• an appropriate penalty, if malpractice is found to have taken place.

11. Within 7 days of the meeting, the PEB notifies the candidate of the decision of the Malpractice Sub-Committee and the right of appeal.

Stage 4 – Reporting

12. A summary report on malpractice cases will be presented to the Awarding Meeting.
13. The PEB will report the following to the PEB GB:

a. the number of suspected malpractice cases that were subject to investigation;

b. the number of maladministration cases which resulted in candidates receiving warning letters and/or Void results;

c. a summary of cases referred to the Malpractice Committee and the penalties, if any, that were imposed;

d. a summary of issues and trends in suspected and actual candidate malpractice.

14.  Notification to CIPA and IPReg

After the deadline for appeal has passed, the PEB will notify CIPA and IPReg of the malpractice finding and the details, including the candidate’s name.

The PEB’s Annual Report to IPReg will include a summary of the information and data reported to the PEB GB as listed above under 13 a., b., c., and d.

During PEB online examinations, candidates will be recorded.

Data logs and recordings will be made before and during examinations and up to the deadline for submission of answers. These will be used only for the purposes of ensuring that accurate results are issued to candidates and/or for investigating suspected malpractice.

Recordings will normally be retained until the final date for requesting an Enquiry about Results (EaR). If you request an EaR, then data logs and recordings relating to your examination(s) will be retained until the EaR process (including any Stage 3 Appeal) is complete.

If there is reason to suspect that malpractice may have occurred, then any relevant recordings will be reviewed as part of any investigation.

PEB is committed to taking individuals’ personal information and data seriously. Personal information and data provided to PEB will not be sold to any third party. It will not be disclosed to any third party without the individual’s agreement.

The PEB meets its responsibilities under data protection legislation by following the CIPA Privacy Policy https://www.cipa.org.uk/privacy-policy/.  This policy covers how PEB collects, uses, discloses, transfers and stores personal information and data.

Candidates’ Answer Scripts

The PEB does not release original marked scripts or copies of marked scripts to candidates.

Once results are issued, candidates will be sent a link so they can download the Answer document that was sent for marking. .

Archiving and Script Retention

Candidate scripts, audio-visual files and online data logs are held by PEB for 3 months after the date the results are published, and then they are destroyed, except where they are anonymised and retained for:

• use as exemplars;
• use in training;
• research purposes,
• monitoring standards over time; and/or
• external regulatory purposes.

Candidate script(s), audio-visual files and online data logs will also be retained in the event of a malpractice investigation.

Subject Access (GDPR) Requests

Subject access requests are dealt with in accordance with the Information Commissioner’s Office guidance in force at the time of receipt of the request.

The PEB does not release original marked scripts or copies of marked scripts to candidates.

The PEB complies with subject access requests relating to marks awarded by providing lists of the examiners’ script annotations.

SAR requests should be emailed to [email protected].

SAR requests are dealt with strictly in the order that they are received and are completed within the time limits set out on the website of the Information Commissioner’s Office i.e. within one calendar month of the request.

The information and data will be provided by email and email attachments.

If a subject access request is unfounded or excessive, or if the individual requests further copies of their data, PEB will charge an administrative fee that covers the costs incurred in complying with such requests.

1. This Fair Access to Assessment Policy sets out PEB’s commitment to ensuring all candidates have equal opportunities regardless of their background, characteristics or circumstances and to promoting equality, diversity and inclusion through the development, design and delivery of its qualifications and assessments.

2. This Policy supports PEB’s duty under the Equality Act 2010 to not provide less favourable treatment to candidates with the protected characteristics.

3. This Policy should be read alongside the following:

• PEB Equality, Diversity and Inclusion Policy
• PEB Reasonable Adjustments Policy
• PEB Special Consideration Policy.

4. The PEB recognises that candidates may be disadvantaged through a range of circumstances and seeks to actively engage with candidates and stakeholders to understand and reduce disadvantage.

5. The PEB aims to ensure that no candidate is unfairly disadvantaged by being unable to access tasks or questions in an assessment. Accordingly:

• The PEB will develop accessibility in assessment principles that will be used to improve existing qualifications and assessments and to develop new qualifications and assessments.
• When designing a qualification or assessment, the PEB will review the syllabus content and the assessment to see if any of the skills or knowledge required present possible difficulty to any candidate from a specific group or with a protected characteristic. If any difficulties are identified, further review will be carried out to determine whether that part of the assessment is justifiable as assessing an element of competence that is essential to the professional role.
• The PEB will regularly review and monitor its qualifications and assessments for any feature which could disadvantage candidates who have a protected characteristic. If any such feature is identified, the PEB will remove any feature which is unjustifiable.
• The PEB will collect and analyse evidence and data (primarily through collection of data at registration, candidate surveys and analysis of feedback) to identify if any of its qualifications or assessments disadvantage, or could disadvantage, a candidate with a protected Characteristic.

6. The PEB will respond quickly, appropriately and proportionately to feedback from candidates and stakeholders about perceived, potential or actual bias in its qualifications, assessments and assessment processes.

The PEB is a Committee of the Chartered Institute of Patent Attorneys (CIPA) and applies the CIPA Diversity Statement:

Everybody belongs here.

We exist in a global, multicultural world and we want CIPA to reflect that.

We want all our people – our members, our volunteers and our staff – to grow and thrive through their relationship with CIPA.

Our focus on diversity and inclusion will attract talented people and will keep our people engaged and supportive of our work as a professional membership association.

We will treat people fairly and equitably. We will ensure equality of opportunity for all our people.

Above all, we will create an environment where all our people, regardless of background or personal circumstance, feel valued.

EDI Statement

As a Committee of CIPA, the PEB supports the CIPA Diversity Statement. In addition, the PEB is committed to developing and delivering qualifications that:

• are accessible and fair;
• are free from bias and do not discriminate against candidates from specific groups or with protected characteristics;
• support the development of skills and abilities, support progression, do not limit candidates’ aspirations, and equip them for professional roles in a diverse, global economy;
• are of appropriate demand and quality.

All examinations

Examination results will be issued to each candidate on or before the published date and will be sent by email only.

Each candidate will receive, for each examination, the marks awarded by question or section.

Examination results will not be given out over the telephone.

This policy sets what a candidate can do if they have failed an examination and is not content that their PEB assessment was marked accurately.

Review of Marking

A candidate may request a review of the marking of their answer script for a written examination.

To ensure the right mark for has been awarded to the candidate:

• the PEB carry out a clerical check that the candidate’s answer script was fully marked, that all marks for each question or part question were correctly totalled and recorded against the correct candidate’s details, and that this mark was awarded to the candidate requesting the check;
• a PEB examiner who has not been involved in the initial marking process will review the marking.

A fee will be levied for this service. If, as a result of this review, a candidate who had previously been awarded a fail is awarded a pass, a full refund of the fees charged for this service will be made.

Appeal

If a candidate remains dissatisfied following the Review of Marking, they may request an investigation by an independent person (appeal).

The PEB will commission an expert independent of the PEB and the candidate, who will be selected by the PEB. This review will judge whether all stages of the marking process and the EaR process have been followed correctly. It will not involve a further review of the candidate’s work.

An Appeal is the last stage of this EaR process.

A fee will be levied for this service. If, as a result of this review, a candidate who had previously been awarded a fail is awarded a pass, a full refund of the fees charged for this service will be made.

If you wish to appeal a PEB decision about Eligibility, Exemptions, Reasonable Adjustments and Special Considerations or Malpractice please use the Appeals Policy.

If you wish to provide feedback to the PEB on its Customer Service please use the Customer Feedback Policy.

Answer scripts

Candidates will be sent an unmarked copy of their answer script by email once results are issued.

The PEB does not release marked scripts to candidates.

Archiving

Candidate scripts, audio-visual files and online data logs are held by PEB for 3 months after the date the results are published, and then they are destroyed, except where they are anonymised and retained as exemplars, for use in training, for research purposes, or for monitoring standards over time. Candidate script, audio-visual files and online data logs will also be retained in the event of a malpractice investigation.