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Source: BUS Sachsen-Anhalt (Linie6PLus)

Admission as a patent attorney company

Description

If you want to set up a patent attorney company in the legal form of a limited liability company, you must apply for admission as a patent attorney company.

Note: In addition to the GmbH, partner companies, civil law companies and cetera can also be founded. Although these must also be based on the professional requirements (in particular Section 52a of the Patent Attorneys' Regulations), they do not require authorisation by the competent body.

Like patent attorneys, the shareholders of a patent attorney's company may offer the following activities:

  • Advice on inventions, brands, design, know-how, plant variety protection and the like
  • Registration of all industrial property rights
  • Tracking infringements of intellectual property rights (unless lawyers are required to represent them)
  • Representation before the German Patent and Trademark Office, the Federal Patent Court, the Federal Variety Office and other international intellectual property authorities
  • Representation before the Federal Court of Justice in annulling proceedings

Tip: On the pages of the Patent Attorneys' Association you will find a detailed list of the activities of patent attorneys.

Conditions:

  • It must be a limited liability company whose object of the company is advising and representing in the above-mentioned matters.
  • The company may not be involved in mergers for the joint practice of the profession.
  • The company must be held accountable by patent attorneys.
  • The directors and shareholders must be only members of the Chamber of Patent Attorneys, lawyers, tax advisors, tax representatives, auditors and sworn accountants. In addition, members of patent attorney professions from certain Member States of the European Union or other countries may be partners. They must work in the patent attorney's company.
  • The managing directors, if necessary authorized representatives and agents for the entire business operation, must each be a majority of patent attorneys.
  • The majority of the shares and voting rights must lie with the patent attorneys.
  • The independence of patent attorneys who act as directors, authorised representatives or agents must be guaranteed.
  • Professional insinuation insurance with a minimum insurance sum of EUR 2.5 million per insured event must have been taken out or a provisional guarantee of cover must be available. The maximum annual benefit for all damages incurred in an insurance year must be at least four times the minimum insured amount.
  • The company's company must include the designation "Patent Attorney's Company".

You must submit your application for admission to the patent attorney's company to the competent body. The necessary application form can be obtained from the competent authority.

The Patent Attorneys' Association checks whether all the conditions for admission are met. If the results of the examination are positive, you will receive a certificate of admission to the patent attorney's company. Upon handing over the certificate, admission as a patent attorney's company becomes effective.

Chamber of Patent Attorneys

  • completed application form, if applicable with attachments
  • Copy of the partnership agreement or certified copy
  • Certificates of approval of shareholders, directors, authorized representatives and agents in certified copy
  • Proof of professional inseniable insurance (minimum insurance sum: 2.5 million euros for each insured event) or a provisional cover commitment in the original

Admission fee: 1,200 euros

The authorisation procedure is usually completed within two months of the application.

The text was automatically translated based on the German content.

The text was automatically translated based on the German content.

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