If you want to found a patent attorney company in the legal form of a GmbH, you need a license.
If you want to found a patent attorney company in the legal form of a GmbH, you must apply for admission as a patent attorney company.
In addition to the GmbH, partner companies, civil law companies et cetera 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.
The shareholders of a patent attorney company 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.
On the pages of the Chamber of Patent Attorneys you will find a detailed list of the activities of patent attorneys.
The activities of patent attorneys
- Completed application form, with attachments if applicable,
- Copy of the articles of association or certified copy,
- Certificates of admission of the shareholders, managing directors, authorized signatories and authorized representatives in certified copy,
- Proof of professional indemnity insurance (minimum sum insured: 2.5 million euros for each insured event) or a provisional guarantee of cover in the original.
You can obtain the necessary application form from the responsible office.
- It must be a limited liability company whose object of business is advice and representation in the above matters.
- 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 directors and shareholders must be exclusively members of the Chamber of Patent Attorneys, 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 countries may be partners. They must be professionally active in the patent attorney company.
- The managing directors, 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".
You must submit the application for admission to the PatentAnwaltsgesellschaft to the Chamber of Patent Attorneys. This checks whether all requirements for admission are met. If the examination result is positive, you will receive a certificate of admission from the Patent Attorney's Office. With the handing over of the certificate, admission as a patent attorney firm becomes effective.
Further information can be found on the website of the Chamber of Patent Attorneys.
§§ 3-4, 52a, 52c-52m Patent Attorney Regulations (PAO).
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