Zulassung als Patentanwalt beantragen
Inhalt
Begriffe im Kontext
- Anerkennung von Qualifikationen zum Zwecke der Beschäftigung in einem anderen Mitgliedstaat
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ Sections 3-7 Patent Attorney Regulations (PAO)
- §§ 13 ff. Patent Attorney Regulations (PAO)
- Law on the aptitude test for admission to the patent attorney profession (PAZEignPrG)
- §Section 29 of the Patent Attorneys Act (PAO) (Data protection notice)
- §§ Sections 3 and 4 of the German Patent Attorney Act (PAO)
- § Section 5 Patent Attorney Regulations (PAO)
- § Section 6 Patent Attorney Regulations (PAO)
- § Section 7 Patent Attorney Regulations (PAO)
- §§ Sections 13 to 19 of the German Patent Attorney Act (PAO)
- § Section 29 Patent Attorney Regulations (PAO)
- § 1 ff. Act on the Activities of European Patent Attorneys in Germany (EuPAG)
- §§ Sections 3-7 Patent Attorney Regulations (PAO)
- §§ 13 ff. Patent Attorney Regulations (PAO)
- Act on the Activities of European Patent Attorneys in Germany (EuPAG)
- § Section 29 of the German Patent Attorney Act (PAO) (Data protection notice)
Would you like to work as a patent attorney?
Patent attorneys may perform the following tasks:
- Advice on inventions, trademarks, designs, know-how, plant variety protection and the like
- Registration of all industrial property rights
- Prosecution of infringements of intellectual property rights (unless representation by attorneys-at-law is required)
- Representation before the German Patent and Trademark Office, Federal Patent Court, Federal Plant Variety Office and other international IP authorities
- Representation before the Federal Supreme Court in nullity proceedings.
You can find a detailed list of the activities of patent attorneys on the website of the Chamber of Patent Attorneys.
You may only work as a patent attorney if you have been admitted to the patent bar by the Chamber of Patent Attorneys. You must apply for admission in writing.
You can only be admitted as a patent attorney if you
- are qualified for the profession of patent attorney or
- have passed the aptitude test for admission to the patent attorney profession as a citizen of a member state of the EU or the European Economic Area.
You are qualified to practise as a patent attorney if the following points apply:
- You have acquired the technical qualification, i.e. you have
successfully completed a scientific or technical university degree and
you have completed at least one year of practical technical work or can prove that you have acquired the required practical technical experience in another way.
A scientific or technical university degree completed abroad is also valid for the qualification if it is recognized in Germany or is equivalent to the degree in Germany. - You have passed the examination on the required legal knowledge.
- You have been trained by a patent attorney or a patent assessor. If you were trained by a patent attorney or patent assessor in a company, you must also have worked for a patent attorney in a law firm for at least six months.
- You have supplemented your training by studying general law at a university.
Admission to the patent bar will be denied in the following cases:
- You have forfeited a fundamental right according to the decision of the Federal Constitutional Court.
- You have been convicted of a criminal offense and are therefore not qualified to hold public office.
- You have been excluded from the patent attorney profession or the legal profession by a final judgment that was handed down no more than eight years ago.
- A decision has been made against you in proceedings for dismissal by a judge or in disciplinary proceedings for removal from the administration of justice or from service as a member of the Patent Office.
- You are guilty of conduct which makes you appear unworthy of the profession of patent attorney.
- You are fighting against the free democratic basic order in a punishable manner.
- You are not only temporarily incapable of practicing the profession of patent attorney for health reasons.
- You are engaged in an activity which is incompatible with the profession of patent attorney and which may jeopardize confidence in your independence.
- You are in financial difficulties. For example, insolvency proceedings must not have been opened against you.
- You are a judge, civil servant, professional soldier or temporary soldier, unless you are working in an honorary capacity or your rights and duties are suspended.
The completed application form must be signed by hand or provided with a qualified electronic signature. The following documents should be enclosed:
- completed questionnaire for the application for admission
- Copy of the patent assessment certificate
- if you did not complete your training with a freelance patent attorney:
- proof of six months' work experience with a freelance patent attorney - Proof of professional liability insurance (minimum insurance sum: 250,000.00 euros for each insured event) or a provisional cover note in the original
- Proof of payment of the admission fee
- if you are in permanent employment with a company:
- employment contract
- employer's declaration of exemption - Proof of academic degrees, if applicable (e.g. publicly certified copy of doctoral certificate)
The admission procedure is usually completed within two months of the application being submitted.
The Chamber of Patent Attorneys, as the competent authority, will check whether you meet all the requirements for admission. If you pass the examination, you will receive an invitation to be sworn in. The swearing-in ceremony takes place at the office of the Chamber of Patent Attorneys in Munich. Once you have been sworn in, you will receive a certificate of admission. Only from this point onwards may you use the professional title "Patentanwalt" or "Patentanwältin".
Upon admission, you become a member of the Chamber of Patent Attorneys and are entered in the electronic register of patent attorneys after being sworn in.
Information on admission as a patent attorney can be obtained from the Chamber of Patent Attorneys.
The Chamber of Patent Attorneys in Munich decides on the application for admission to the patent bar.
You can obtain the necessary application form from the Chamber of Patent Attorneys, where you also submit your application for admission as a patent attorney.