Admission as a patent attorney company

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.

  • completed application form, with annexes if applicable
  • 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 coverage in the original

Preconditions

  • It must be a limited liability company whose corporate purpose is to provide advice and representation in the above-mentioned matters.
  • The company must not be involved in associations for the joint practice of the profession.
  • 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 advisors, 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 majority of the managing directors, if applicable authorised signatories and authorised agents for the entire business operations, must be patent attorneys.
  • The majority of the 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 agents must be guaranteed.
  • A professional liability insurance policy with a minimum sum insured of 2.5 million euros per insured event must have been taken out or a provisional cover note must be available. The annual maximum benefit for all damages caused in an insurance year must amount to at least four times the minimum insurance sum.
  • The company name must contain the designation "Patentanwaltsgesellschaft".

Related Links

  • §§ 3 und 4 Patentanwaltsordnung (PAO)
  • § 52a Patentanwaltsordnung (PAO)
  • §§ 52c 52m Patentanwaltsordnung (PAO)

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

The Chamber of Patent Attorneys examines whether all 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. The admission as a patent attorney company becomes effective upon delivery of the certificate.

Responsible for the content
Patentanwaltskammer
Managing Director RAin Elisabeth Reinhard
Tal 29
80331 München
Phone +49 89 2422780
eMail: dpak@patentanwalt.de




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