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Patent Attorney - Admission

Service Description

You may only work as a patent attorney if you have been admitted to practice as a patent attorney by the Patent Attorneys' Association. You must apply for admission.

Patent attorneys are allowed to perform the following tasks:

  • Advising 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 intellectual property authorities
  • Representation before the Federal Court of Justice in nullity proceedings

Process flow

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 result of the examination is positive, you will receive an invitation to the swearing-in ceremony.

The swearing-in ceremony takes place at the office of the Chamber of Patent Attorneys in Munich. After the swearing-in ceremony, you will receive an admission certificate. Only then are you allowed to use the professional title "Patentanwalt" or "Patentanwältin".

Upon admission, you will become a member of the Chamber of Patent Attorneys and, after swearing in, you will be entered in the electronic directory of patent attorneys.

Who should I contact?

Chamber of Patent Attorneys
Valley 29
80331 Munich

Phone: +49 89 242278-0
Fax: +49 89 242278-24

E-mail: dpak@patentanwalt.de

Competent authority

Chamber of Patent Attorneys
Valley 29
80331 Munich

Phone: +49 89 242278-0
Fax: +49 89 242278-24

E-mail: dpak@patentanwalt.de

Requirements

You can only be admitted as a patent attorney if you have

  • have obtained the qualification for the profession of patent attorney or
  • as a national of a member state of the EU or the EEA, you have passed the qualifying examination for admission to the profession of patent attorney.
  • You have obtained the qualification for the profession of patent attorney if the following points apply:
  • You have acquired the technical qualification, which means that you have
    • successfully completed a scientific or technical university course of study, and
    • have carried out practical technical work for at least one year 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 the 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 with a patent attorney or patent assessor in a firm, you must also have worked for a patent attorney in a firm for at least half a year.
  • You have supplemented your training with studies in general law at a German university.

Admission to the patent attorney profession 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 therefore do not possess the ability to hold public office.
  • You have been disqualified from practicing as a patent attorney or attorney-at-law by a final judgment rendered not more than eight years ago.
  • A final decision has been made against you in proceedings on a judge's charge for dismissal or in disciplinary proceedings for removal from the service of the administration of justice or from the service as a member of the Patent Office.
  • You have been guilty of conduct on the basis of which you appear unworthy of the profession of patent attorney.
  • You are fighting 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 which is incompatible with the profession of patent attorney and which may jeopardize confidence in your independence.
  • You are in a state of financial collapse. For example, no insolvency proceedings may 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.

Which documents are required?

  • completed application form
  • completed questionnaire on the application for admission
  • Copy of the patent assessor certificate
  • Proof of professional liability insurance (minimum insurance sum: 250,000 euros for each insured event) or a provisional confirmation of coverage in the original
  • Proof of payment of the admission fee
  • if you are in a permanent employment relationship with a company:
    • Employment contract
    • Declaration of exemption by the employer
  • if applicable, proof of the acquisition of academic degrees (e.g. publicly certified copy of the doctorate certificate)
  • if you did not complete your training with a freelance patent attorney: Proof of six months of work with a freelance patent attorney.

What are the fees?

Fee: 300,00 EUR
Payment in advance: no
Admission fee

Processing duration

The approval process is usually completed within two months of application.

Legal basis

Author

Chamber of Patent Attorneys
Managing Director RAin Elisabeth Reinhard
Valley 29
80331 Munich

Phone: +49 89 2422780
E-mail: dpak@patentanwalt.de

The text was automatically translated based on the German content per DeepL.

Technically approved by

This text has been released by the Chamber of Patent Attorneys (as of 03.12.2010).

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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