Applying for admission of a patent law firm

You must submit the application for admission to the Patentanwaltsgesellschaft in writing by post.

• Download the application form from the website of the Chamber of Patent Attorneys.
• Send the completed form with all required signatures and supporting documents to the Patentanwaltskammer's PO box.
• The Chamber of Patent Attorneys will check whether you have fulfilled all the requirements for admission.
• If the result of the examination is positive, you will receive a certificate of admission to the Patentanwaltsgesellschaft.
• Admission as a patent law firm becomes effective when the certificate is issued.

Admission of companies based in Germany, the EU, the EEA or Switzerland where no natural person is liable.

• It is a limited liability company whose corporate purpose is to provide advice and representation in patent attorney matters.
• Shareholders are active in the company and come from one of the following professional groups:
  • Members of the Chamber of Patent Attorneys
  • Attorneys at law
  • Tax consultants
  • Tax agents
  • Certified public accountants
  • Sworn auditors and accountants
  • liberal professions

• The partnership agreement stipulates that partners who seriously or repeatedly violate obligations under the PAO or the professional code of conduct can be excluded.
• The company's capital structure meets the following requirements:
  • If other companies are involved in the company, these are either licensed professional practice companies or a civil law company whose sole purpose is to hold shares in a licensed professional practice company.
  • The transfer of company shares must be subject to the approval of the shareholders' meeting. In the case of public limited companies or partnerships limited by shares, the shares must be registered.
  • Shares in the professional practice company may not be held for the account of third parties. Third parties may not participate in the profits of the professional practice company.
• The members of the management are exclusive:
  • Attorneys at law,
  • Patent attorneys and patent attorneys,
  • tax advisors and tax consultants,
  • tax agents,
  • certified public accountants,
  • sworn auditors or members of the liberal professions.
  • Members of the liberal professions.
• They do not meet any of the possible grounds for refusal and have not been disqualified from representing a professional practice firm and managing its business or performing the supervisory functions of a professional practice firm.
• The management consists of a number of patent attorneys authorized to represent the company.
• The independence of the patent attorneys is guaranteed if they manage the company or represent the company in any other way.
• The company is not in a state of financial collapse.

If the company bears the name Patentanwaltsgesellschaft, patent attorneys hold the majority of voting rights and constitute the majority of the members of the management body.

• There is professional liability insurance with a minimum sum insured of EUR 2.5 million per insured event or a provisional cover note. The maximum annual benefit for all damages caused in an insurance year is at least four times the minimum sum insured. If no more than 10 persons work as patent attorneys or in a liberal profession, the minimum sum insured is EUR 1 million.

The following additional requirements and special features apply to the admission of foreign companies domiciled in a WTO member state:

• The company is authorized to provide legal services under the law of the state in which its registered office is located.
• Its shareholders are
  • Patent attorneys and patent attorneys,
  • attorneys at law,
  • tax consultants and tax advisors,
  • tax agents,
  • auditors and certified public accountants.
• The German branch office has its own management, which can represent the company and has sufficient powers to ensure compliance with professional law in relation to the German branch office.
• The authorization to provide legal advice and representation in German patent law only exists if
  • at least one patent attorney is a partner in the branch office and
  • the management of the German branch office includes a number of patent attorneys authorized to manage and represent the company.

• Application for admission as a professional practice company
• Questionnaire for the application for admission as a professional practice company
• Proof of professional liability insurance with a minimum sum insured of EUR 2.5 million for each insured event or a provisional cover note in the original. A minimum insurance sum of EUR 1 million is sufficient if no more than 10 persons practice their profession in the company.
• for non-lawyer partners and members of management and supervisory bodies: membership certificates from the relevant chambers or printouts from electronic membership directories or suitable proof of membership of a liberal profession
• if the company is already registered: current extract from the register
• possibly articles of association on request
• Copy of the identity cards of non-patent attorney shareholders and members of management and supervisory bodies
• Approval of the shareholder if a legal entity assumes a shareholder function
• Proof of payment of the administrative fee

There is no deadline.

• § Section 3 f Patent Attorney Ordinance (PAO)
• § Section 52a - Section 52g of the Patent Attorney Act (PAO)
• § Section 52i - Section 52o of the Patent Attorney Act (PAO)
• § Section 94a and Section 94b of the German Patent Attorney Act (PAO)
• § Section 159 Patent Attorney Regulations (PAO)
• § Section 74 and Section 75 of the German Code of Administrative Court Procedure (VwGO)

• The applicant can take legal action against a negative decision within one month of notification by way of an action to compel compliance.
• If no decision is made on the application for approval within three months without sufficient reason, the applicant may bring an action for failure to act.

The following information is available:

If you are already generally licensed as a professional practice with a bar association, under certain conditions you do not need a separate license with the Chamber of Patent Attorneys. Further information can be found in the instructions for completing the application for admission.

18.10.2024