Patent Attorney's Company Admission
Anyone wishing to set up a patent attorney company in the legal form of a limited liability company must apply for admission as a patent attorney's company. The shareholders of a patent attorney company may, like patent attorneys and patent attorneys, 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
Proof of completion of professional inertial insurance or provisional cover commitment Certificates of approval of shareholders, directors, authorized representatives and agents in certified copy Copy or publicly certified copy of the partnership agreement
Limited Liability Company, the object of which is advising and representing patent attorneys and patent attorneys 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 managing directors and shareholders must be exclusively members of the competent body, lawyers, tax advisors, tax representatives, tax representatives, auditors and sworn accountants. In addition, members of patent attorney professions from certain Member States of the European Union or other member states may be partners. They must work in the patent attorney's company. The managing director, if necessary authorized representative and agent for the entire business operation, must 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 managing directors, authorized 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 company"
In addition to the GmbH, partner companies or civil law companies can also be established. 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.
The competent body shall verify that all the conditions for authorisation are met. If the results of the examination are positive, the applicant 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.