Admission as a patent attorney company Unfortunately this specification of service has not yet been completely translated.
If you wish to set up a patent attorney's 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, companies under civil law, etc. can also be established. Although these must also be based on professional requirements (in particular Section 52a of the Patent Attorneys' Regulations), they do not require authorisation by the competent body.
completed application form, with annexes, if applicable Copy of the partnership agreement or certified copy Approval certificates of the shareholders, managing directors, authorized representatives and agents in certified copy Proof of professional insinuation insurance (minimum insurance sum: 2.5,000,000.00 (million) euro for each insured event) or a provisional cover commitment in the original
It must be a limited liability company whose object is to advise and represent the above-mentioned matters. The company may not be involved in mergers for the exercise of a community profession. The company must be held responsible by patent attorneys. The directors and shareholders must be exclusively members of the Patent Attorneys' Association, lawyers, tax consultants, tax agents, auditors and sworn accountants. In addition, members of patent attorney's professions from certain Member States of the European Union or other states may be partners. They must work in the patent attorney's company. The directors, if any, authorized representatives and agents for the entire business operation, must be a majority patent attorney. The majority of the shares and voting rights must be held by the patent attorneys. The independence of patent attorneys acting as directors, authorised agents or agents must be guaranteed. Professional insinuation insurance with a minimum insurance sum of EUR 2.5,000,000.00 (million) per insured event must have been taken out or a provisional cover commitment must be available. The maximum annual benefit for all damage incurred in an insurance year shall be at least four times the minimum amount of insurance. The company of the company must contain the designation "patent attorney company".
For more information The shareholders of a patent attorney company, like patent attorneys, may offer the following activities: Advice on inventions, brands, design, know-how, plant variety protection and the like Registration of all industrial property rights Prosecution of infringements of intellectual property rights (unless representation by lawyers is required) Representation before the German Patent and Trademark Office, federal patent court, Federal Variety Office and other international authorities of industrial property rights Representation before the Federal Court of Justice in annulment proceedings Tip: On the pages of the Patent Attorneys' Association you will find a detailed list of the activities of patent attorneys as well as information on the admission of patent attorneys companies.
You must submit the application for admission of the patent attorney's association to the competent authority. You will receive the necessary application form from the relevant authority. The Patent Attorneys' Association checks whether all the conditions for admission are met. If the result of the examination is positive, you will receive a certificate of admission to the patent attorney's office. Upon the handing over of the certificate, the admission as a patent attorney's company takes effect.