Source: BUS Sachsen-Anhalt (Linie6PLus)

Admission as a patent law firm

Description

If you wish to establish a patent attorney company in the legal form of a GmbH, you must apply for admission as a patent attorney company.

Note: In addition to the GmbH, partner companies, civil law companies, etc. can also be founded. Although these must also comply with the professional requirements (in particular Section 52a of the German Patent Attorney Act), they do not need to be licensed by the competent authority.

Prerequisites

It must be a limited liability company whose corporate purpose is to provide advice and representation in the above-mentioned matters.
The company may not be involved in associations for the joint practice of the profession.
The company must be managed responsibly by patent attorneys.
The managing directors and shareholders must be exclusively members of the Chamber of Patent Attorneys, lawyers, tax consultants, tax agents, auditors and sworn accountants. In addition, members of the patent attorney profession from certain member states of the European Union or other countries may be shareholders. They must be professionally active in the patent law firm.
The majority of the managing directors, authorized signatories and authorized representatives for the entire business operations, if applicable, must be patent attorneys.
The majority of shares and voting rights must be held by patent attorneys.
The independence of the patent attorneys acting as managing directors, authorized signatories or authorized agents must be guaranteed.
Professional liability insurance with a minimum sum insured of 2.5 million euros per insured event must have been taken out or a provisional cover note must have been issued. The maximum annual benefit for all losses caused in an insurance year must be at least four times the minimum sum insured.
The name of the company must include the designation "Patentanwaltsgesellschaft".

Required documents

Completed application form, with attachments if applicable
Copy of the articles of association or certified copy
Certified copies of the registration certificates of the partners, managing directors, authorized signatories and authorized agents
Proof of professional liability insurance (minimum sum insured: EUR 2.5 million for each insured event) or a provisional cover note in the original

Processing time

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

Responsible body

Chamber of Patent Attorneys

Procedure

You must submit the application for admission of the patent attorney company to the competent office. You can obtain the necessary application form from the competent office.

The Chamber of Patent Attorneys will check whether all the requirements for admission have been met. If the result of the examination is positive, you will receive a certificate of admission to the Patentanwaltsgesellschaft. Admission as a patent law firm becomes effective when the certificate is issued.