Patent Attorney/Patent Attorney Admission

Patent attorneys may perform the following tasks: 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, the Federal Patent Court, the Federal Variety Office and other international intellectual property authorities Representation before the Federal Court of Justice in annulling proceedings Patent attorneys may only act if they have been admitted to the Patent Attorney's Office by the competent body. Approval must be applied for.

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Copy of the patent assessor certificate, copies of the acquisition of academic degrees and titles or publicly certified copies if academic degrees and titles are not included in the patent assessor deed; if necessary, proof of six-month-long employment with a freelance patent attorney in accordance with Section 5 paragraph 2 of the Pantent Attorney's Code (PAO), if applicable, the employment contract and the employer's declaration of exemption, insofar as there is a permanent employment relationship with an undertaking, Proof of professional insinuation insurance or a provisional cover commitment, each in the original (minimum insurance sum 250,000.00 euro for each insured event)


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Preconditions
As a patent attorney, only those who acquires the competence to be a 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 competence for the profession of patent attorney is obtained if the following points are correct: acquisition of the technical qualification, i.e. the applicant has completed a scientific or technical university degree with success and at least one year of practical technical activity or can demonstrate that the necessary practical technical experience has been acquired in other ways. A university degree in science or technology completed abroad also applies to the qualification if it is recognised in Germany or equivalent to study in Germany. Passing the exam with the necessary legal knowledge Training with a patent attorney or a patent assessor. If the training was carried out by a patent attorney or a patent assessor in a company, the applicant must have worked for at least half a year in an additional law firm with a patent attorney. Supplementation of education by studying general law at a German university Admission to the Patent Attorney's Office is refused in the following cases: Foregoing a fundamental right after the decision of the Federal Constitutional Court criminal conviction and therefore no possession of the capacity to be held by public offices Exclusion from the Patent Attorney's Office or from the legal profession by a final judgment not more than eight years ago final decision in proceedings concerning the indictment of judges for dismissal or disciplinary proceedings for removal from the service of the administration of justice or from service as 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 liberal democratic basic order in a criminal way not only temporary health reasons leading to the inability to pursue the profession as a patent attorney Carrying out an activity which is incompatible with the profession of patent attorney and which may jeopardise confidence in independence Decline in assets. For example, no insolvency proceedings may have been opened against the applicant. the applicant person is a judge, civil servant,professional soldier/professional soldier or temporary/soldier, unless he or she is a volunteer or the rights and duties are suspended.

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The competent body shall verify that all the conditions for authorisation have been met. If the result of the examination is positive, the applicant will receive an invitation to be sworn in. The swearing-in takes place at the office of the competent authority in Munich. After the swearing-in, an admission certificate is issued. Only from that date can the professional title "patent attorney" or "patent attorney" be used. Upon admission, the applicant becomes a member of the Patent Attorneys' Association and is entered in the electronic register of patent attorneys after being sworn in.

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Lower Saxony Ministry of Justice

Last update or date of publication
13.09.2018