Activities of patent lawyers’ offices (69.10.4.00)
If you select a location, the contact details of the responsible Point of Single Contact and the responsible authority as well as locally valid information will be displayed.
The following formalities are performed by responsible authorities and can also be handled via the Point of Single Contact if necessary. Please specify the location via Change selection. If you choose "To the responsible Point of Single Contact for ..." (if available), the contact details of the responsible Point of Single Contact are displayed. The contact details of the competent authority/-ies are displayed after choosing the formality.
Formalities according to the Services Directive
For taking-up and pursuit of a service the follwoing specific service-related formalities (authorisations and notifications) must always be obeyed:
The activity under the German designation "Patentanwalt" requires a license according to §§ 5 - 29 Patentanwaltsordnung (PAO).
The activity as a patent attorney company with limited liability requires a license according to §§ 52c ff. Patent Attorneys' Act (PAO).
The permanent establishment of a European patent attorney to practice in Germany requires admission to the Patent Attorneys' Association.
Formalities relating to the employment of workers
If you would like to hire an employee you need to proceed with the following steps. These formalities CANNOT be processed through the Point of Single Contact.If the employment is terminated you also have to inform the authorities where the employee has been registered.
When posting employees to Germany, the Employee Posting Act must be observed. This law obliges both employers based in Germany and employers based abroad who employ workers in Germany to comply with statutory and, in certain sectors, collectively agreed working conditions. In addition, employers are subject to further obligations.
Tax related formalities
For taking-up and pursuit of a service please also consider the following tax related formalities which CANNOT be processed through the Point of Single Contact:
For service providers operating across borders without a branch in Germany, there are various special jurisdictions and special regulations depending on the tax liability, activity or type of tax.
Characteristics and key concepts of the service
This service includes:
- Protection of the legal interests of parties in the realm of industrial property rights, either by patent attorneys or under their supervision, also before courts of law or other judicial and administrative offices:
- Counseling in protection right matters and legal representation vis-à-vis third parties
- Representation in proceedings before patent and trade mark offices and before patent courts
- Representation in proceedings for the declaration of invalidity or withdrawal of a patent or supplementary protection certificate, or for the granting of a compulsory license before courts of law
- Representation in proceedings before the Federal Office of Plant Varieties (Bundessortenamt) and other institutions
- Anwaltskanzleien (Patentanwaltskanzleien)
- Marken- und Musterschutzanwaltskanzleien
- Rechtsberatung durch Patentanwaltskanzleien