Patent Attorney Admission

Patent attorneys may perform the following tasks:

  • 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 (insofar as representation by lawyers is not 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

Patent attorneys may only act if they have been admitted to the patent attorney's office by the competent authority. Authorisation must be applied for.

Related Links

  • Activities of patent attorneys
  • copy of the patent assessor's certificate,
  • transcripts of the acquisition of academic degrees and titles or publicly certified copies if academic degrees and titles are not included in the patent assessor's certificate,
  • if applicable, proof of six months of work with a freelance patent attorney in accordance with § 5 paragraph 2 Pantentanwaltsordnung (PAO),
  • if applicable, employment contract and declaration of release of the employer, insofar as there is a permanent employment relationship with a company,
  • Proof of professional indemnity insurance or a provisional guarantee of cover, in each case in the original (minimum sum insured 250,000.00 euros for each insured event)

Related Links

  • § 5 paragraph 2 Patent Attorney Regulations (PAO)

Preconditions

Only those who are admitted as patent attorneys can

  • obtains the qualification for the profession of patent attorney, or
  • as a national of an EU or EEA Member State, has passed the aptitude test for admission to the Patent Attorney's Office.

The qualification for the profession of patent attorney is obtained if the following points apply:

  • Acquisition of the technical qualification, i.e. the applicant has
    • successfully completed a scientific or technical university degree and
    • at least one year of practical technical activity or can prove that the necessary practical technical experience has been acquired in another way.
    • A scientific or technical university degree completed abroad also applies to the qualification if it is recognized in Germany or equivalent to studying in Germany.
  • Passing the exam on the required legal knowledge
  • Training with a patent attorney or a patent assessor. If the training was carried out with a patent attorney or a patent assessor in a company, the applicant must also have worked for at least half a year with a patent attorney in a law firm.
  • Supplementing the training with a degree in general law at a German university

Admission to the Patent Attorney's Office is refused in the following cases:

  • Forfeiture of a fundamental right after the decision of the Federal Constitutional Court
  • criminal conviction and therefore no possession of the ability to dress up public office
  • Exclusion from the patent attorney's office or from the legal profession by a final judgment that was not more than eight years ago
  • Final decision in proceedings concerning the judge's indictment for dismissal or in disciplinary proceedings for removal from the service of the administration of justice or from the service of a member of the Patent Office
  • guilty conduct on the basis of which the applicant appears unworthy of the profession of patent attorney
  • Combating the free democratic basic order in a punishable manner
  • not only temporary health reasons that lead to the inability to practice the profession of patent attorney
  • Carrying out an activity which is incompatible with the profession of patent attorney and which may jeopardise confidence in independence
  • Loss of assets. For example, no insolvency proceedings may have been opened against the applicant.
  • the applicant is a judge, civil servant, professional soldier or temporary soldier, unless he or she is a volunteer or the rights and duties are suspended.

Hints

Helpful links:

  • Information on the patent attorney examination on the website of the German Patent and Trademark Office (DPMA)
  • Information on patent attorney training on the website of the German Patent and Trademark Office (DPMA)
  • Admission to patent attorney's office

Related Links

  • §§ 3 - 4 Patent Attorney Regulations (PAO)
  • § 5 Patent Attorney Regulations (PAO)
  • § 6 Patent Attorney Regulations (PAO)
  • § 7 Patent Attorney Regulations (PAO)
  • §§ 13 - 19 Patent Attorney Regulations (PAO)
  • § 1 et seq. Act on the Activities of European Patent Attorneys in Germany (EuPAG)

The competent body shall verify that all the conditions for approval are met.

If the examination result is positive, the applicant will receive an invitation to be sworn in. The swearing-in takes place at the office of the responsible office in Munich. After the swearing-in, a certificate of admission is issued. Only from this point in time may the professional title "Patent Attorney" be used.

Upon admission, the applicant becomes a member of the Chamber of Patent Attorneys and is entered in the electronic register of patent attorneys after being sworn in.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
13.09.2018