Patent Attorney: Admission
If you want to work as a patent attorney / patent attorney, you need an admission.
Would you like to work as a patent attorney?
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.
You may only act as a patent attorney if you have been admitted to the Patent Attorney's Office by the Chamber of Patent Attorneys. You must apply for admission.
On the pages of the Chamber of Patent Attorneys you will find a detailed list of the activities of patent attorneys.
Activities of patent attorneys
- Completed application form,
- completed questionnaire on the application for admission,
- copy of the patent assessor's certificate,
- Proof of professional indemnity insurance (minimum sum insured: 250,000 euros for each insured event) or a provisional guarantee of cover in the original,
- proof of payment of the admission fee,
if you are in a permanent employment relationship with a company:
- Employment contract
- Declaration of exemption from the employer,
- if applicable, proof of the acquisition of academic degrees (for example, publicly certified copy of the doctoral certificate),
- if you have not completed your training with a freelance patent attorney: Proof of six months of work with a freelance patent attorney.
An application form can be obtained from the responsible office.
You can only be admitted as a patent attorney if you
- obtains the qualification for the profession of patent attorney, or
- as a national of a member state of the EU or the EEA, have passed the aptitude test for admission to the patent attorney's office.
You have acquired the qualification for the profession of patent attorney if the following points apply:
You have acquired the technical competence, that is, you have
- successfully completed a scientific or technical university degree and
at least one year of practical technical activity or can prove that you have acquired the necessary practical technical experience in another way.
Note: 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.
- You have passed the exam for the required legal knowledge.
- You have been trained with a patent attorney or a patent assessor. If you have been trained with a patent attorney or a patent assessor in a company, you must also have worked for at least half a year with a patent attorney in a law firm.
- You have supplemented your education with a degree in general law at a German university.
Admission to the Patent Attorney's Office is refused in the following cases:
- According to the decision of the Federal Constitutional Court, they forfeited a fundamental right.
- They have been criminally convicted and therefore do not have the capacity to hold public office.
- They were excluded from the patent attorney's office or from the legal profession by a final judgment that was not more than eight years ago.
- A final decision was taken against you 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.
- You are guilty of conduct that makes you appear unworthy of the profession of patent attorney.
- They fight the free democratic basic order in a punishable manner.
- For health reasons, they are not only temporarily unable to practise the profession of patent attorney.
- You are carrying out an activity that is incompatible with the profession of patent attorney and that may jeopardize confidence in your independence.
- You are in financial decline. For example, no insolvency proceedings may have been opened against you.
- You are a judge, civil servant, professional soldier or temporary soldier, unless you are a volunteer or your rights and duties are suspended.
Procedure: You must submit the application for admission as a patent attorney to the competent authority. The Chamber of Patent Attorneys checks whether you meet all the requirements for admission. If the exam result is positive, you will receive an invitation to the swearing-in. The swearing-in takes place at the office of the Chamber of Patent Attorneys in Munich. After the swearing-in, you will receive a certificate of admission. Only from this point in time may you use the professional title "Patent Attorney"/"Patent Attorney". Upon admission, you become a member of the Chamber of Patent Attorneys and will be entered in the electronic register of patent attorneys after being sworn in.
Further information on the examination as a patent attorney and on practical technical activities as well as information on admission to the patent attorney can be found on the website of the Chamber of Patent Attorneys.
§§ 3-7, 13-19, 29 Patent Attorney Regulations (PAO)
Patent Attorney Training and Examination Ordinance (PatAnwAPrV)
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