Patentanwaltsgesellschaft Admission

Anyone wishing to establish a patent attorney company in the legal form of a GmbH must apply for admission as a patent attorney company.

The shareholders of a patent attorney firm may like patent attorneys offer the following activities:

  • Advice on inventions, trademarks, design, know-how, plant variety protection and the like
  • Registration of all industrial property rights
  • Prosecution of infringements of property rights (unless representation by lawyers is required)
  • Representation before the German Patent and Trademark Office, Federal Patent Court, Federal Plant Variety Office and other international authorities for the protection of intellectual property
  • Representation before the Federal Court of Justice in nullity proceedings
  • Proof of professional indemnity insurance or provisional guarantee of cover
  • Certificates of admission of the shareholders, managing directors, authorized signatories and authorized representatives in certified copy
  • Copy or publicly certified copy of the articles of association

Preconditions

  • Limited liability company whose object of the company is the advice and representation in the matters of patent attorneys
  • The company may not be involved in mergers for the joint exercise of the profession.
  • The company must be managed responsibly by patent attorneys.
  • The managing director and shareholders must be exclusively members of the competent authority, lawyers, tax consultants, tax representatives, auditors and sworn accountants.
    • In addition, members of patent attorney professions from certain Member States of the European Union or other states may be shareholders. They must be professionally active in the patent attorney company.
  • The managing director, if necessary authorized signatories and authorized representatives for the entire business operation, must each be the majority of patent attorneys.
  • The majority of the shares and voting rights must lie with the patent attorneys.
  • The independence of patent attorneys acting as managing directors, authorized signatories or authorized representatives must be guaranteed.
  • Professional indemnity insurance with a minimum sum insured of 2.5 million euros per insured event must have been taken out or a provisional guarantee of cover must be available. The maximum annual benefit for all claims caused in an insurance year must be at least four times the minimum sum insured.
  • The company's company name must contain the designation "Patentanwaltsgesellschaft"

Hints

In addition to the GmbH, partner companies or partnerships under civil law can also be founded. Although these must also be based on the professional requirements (in particular § 52a Patent Attorney Regulations), they do not require approval by the competent authority.

  • § 52 a Patent Attorney Regulations (PAO)

Related Links

  • §§ 3 - 4 Patent Attorney Regulations (PAO)
  • § 52 a Patent Attorney Regulations (PAO)
  • § 52 c - 52 m Patent Attorney Regulations (PAO)

The competent body shall verify that all the conditions for authorisation are met. If the examination result is positive, the applicant receives a certificate of admission to the patent attorney company. With the handing over of the certificate, admission as a patent attorney firm becomes effective.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
13.09.2018