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Apply for admission of the patent attorney company

Service 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 established. Although these must also comply with the professional requirements (in particular Section 52a Patent Attorney Regulations), they do not require admission by the competent body.

Process flow

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 are met. If the result of the examination is positive, you will receive a certificate of admission to the patent attorney society. With the delivery of the certificate, the admission as a patent attorney company becomes effective.

Who should I contact?

Chamber of Patent Attorneys
Tal 29
80331 München

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

E-mail: dpak@patentanwalt.de

Competent authority

Chamber of Patent Attorneys
Tal 29
80331 München

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

E-mail: dpak@patentanwalt.de

Requirements

  • The company must be a limited liability company whose business purpose is to provide advice and representation in the above-mentioned matters.
  • The company must not be involved in associations for joint professional practice.
  • The company must be responsibly managed by patent attorneys.
  • The managing directors and partners must be exclusively members of the patent attorneys' association, attorneys-at-law, tax consultants, tax agents, auditors and certified public accountants. In addition, members of the patent attorney profession from certain member states of the European Union or other states may be partners. These must be professionally active in the patent attorney company.
  • The managing directors, if applicable authorized signatories and authorized agents for the entire business operations, must each be patent attorneys in the majority.
  • The majority of the business shares and the voting rights must be held by the 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 confirmation of cover must be available. The annual maximum benefit for all damages caused in an insurance year must be at least four times the minimum insurance sum.
  • The company name must contain the designation "Patent Attorneys Company".

Which documents are required?

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

What are the fees?

Fee: 1200,00 EUR
Payment in advance: No
Admission fee

Processing duration

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

Legal basis

The partners of a patent attorney company, like patent attorneys, may offer the following activities:

  • 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 intellectual property authorities
  • Representation before the Federal Supreme Court in nullity proceedings

Tip: On the website of the German Chamber of Patent Attorneys you will find a detailed list of the activities of patent attorneys as well as information on the admission of patent attorney companies.

Author

The text was automatically translated based on the German content.

Technically approved by

Patentanwaltskammer
Managing Director RAin Elisabeth Reinhard
Tal 29
80331 München

Phone +49 89 2422780
eMail: dpak@patentanwalt.de

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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