Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for admission as a patent attorney

Description

You may only work as a patent attorney if you have been admitted to the patent bar by the Chamber of Patent Attorneys. You must apply for admission.

Patent attorneys may perform the following tasks:

Advice on inventions, trademarks, designs, know-how, plant variety protection and the like
Registration of all industrial property rights
Prosecution of infringements of industrial property rights (unless representation by attorneys-at-law is required)
Representation before the German Patent and Trademark Office, Federal Patent Court, Federal Plant Variety Office and other international IP authorities
Representation before the Federal Supreme Court in nullity proceedings

Prerequisites

You can only be admitted as a patent attorney if you

have qualified for the profession of patent attorney or
have passed the aptitude test for admission to the patent attorney profession as a national of an EU or EEA member state.
You are qualified to practise as a patent attorney if the following points apply:
You have acquired the technical qualification, i.e. you have
- successfully completed a scientific or technical university degree and
- you have completed at least one year of practical technical work or can prove that you have acquired the required practical technical experience in another way.
- A scientific or technical university degree completed abroad also counts towards the qualification if it is recognized in Germany or is equivalent to a degree in Germany.
You have passed the examination on the required legal knowledge.
You have been trained by a patent attorney or a patent assessor. If you were trained by a patent attorney or patent assessor in a firm, you must also have worked for a patent attorney in a law firm for at least six months.
You have supplemented your training by studying general law at a German university.

Admission to the patent bar will be denied in the following cases:

You have forfeited a fundamental right according to the decision of the Federal Constitutional Court.
You have been convicted of a criminal offense and are therefore not qualified to hold public office.
You have been disbarred from practicing as a patent attorney or as a lawyer by a final judgment that was handed down no more than eight years ago.
A final decision has been made against you in proceedings for dismissal by a judge or in disciplinary proceedings for removal from the service of the judiciary or from service as a member of the Patent Office.
You are guilty of conduct which makes you appear unworthy of the profession of patent attorney.
You are fighting against the free democratic basic order in a punishable manner.
You are not only temporarily incapable of practicing the profession of patent attorney for health reasons.
You are engaged in an activity that is incompatible with the profession of patent attorney and that may jeopardize confidence in your independence.
You are in financial difficulties. For example, insolvency proceedings must not have been opened against you.
You are a judge, civil servant, professional soldier or temporary soldier, unless you are working in an honorary capacity or your rights and duties are suspended.

Required documents

Completed application form
Completed questionnaire on the application for admission
Copy of the patent assessment certificate
Proof of professional liability insurance (minimum sum insured: 250,000 euros for each insured event) or an original provisional cover note
Proof of payment of the admission fee
if you are in a permanent employment relationship with a company:
- Employment contract
- Declaration of exemption from the employer
If applicable, proof of academic degrees (e.g. publicly certified copy of doctoral certificate)
if you did not complete your training with a freelance patent attorney: Proof of six months' work experience with a freelance patent attorney

Fees (costs)

Fee: 300,00 EUR
Payment in advance: No
Registration fee

Processing time

The admission procedure is usually completed within two months of the application being submitted.

Responsible body

The Chamber of Patent Attorneys in Munich decides on the application for admission to the patent bar.

Chamber of Patent Attorneys

Procedure

You must submit the application for admission as a patent attorney to the competent office.

You can obtain the necessary application form from the competent office.

The Chamber of Patent Attorneys will check whether you meet all the requirements for admission. If the examination result is positive, you will receive an invitation to be sworn in.

The swearing-in ceremony takes place at the office of the Chamber of Patent Attorneys in Munich. Once you have been sworn in, you will receive a certificate of admission. Only from this point onwards may you use the professional title "Patentanwalt" or "Patentanwältin".

Upon admission, you become a member of the Chamber of Patent Attorneys and are entered in the electronic register of patent attorneys after being sworn in.