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Information for the legal profession

On this page we have compiled the most important information for the following groups of people:

Patent attorneys admitted in Germany

The provisions relating to the representation in proceedings before the DPMA can be found in sections 13 to 16 of the externer Link DPMA Ordinance - Verordnung über das Deutsche Patent- und Markenamt [in German].

Patent attorneys admitted in EU member states, the European Economic Area or Switzerland

The externer Link Act on the Activities of Patent Attorneys from EU Member States in Germany (Gesetz über die Tätigkeit europäischer Patentanwälte in Deutschland, EuPAG) regulates the conditions under which patent attorneys from EU member states, the European Economic Area or Switzerland can work in Germany. For representation in proceedings before the DPMA, representatives have to either be admitted to the German patent bar or be authorised to perform the activities of a patent attorney providing services in EU member states, the European Economic Area or Switzerland on a temporary or occasional basis. On the contrary, patent attorneys from EU member states, the European Economic Area or Switzerland established in Germany are not authorised to represent clients in proceedings before the DPMA (sections 20, 21 of the EuPAG) because their authorisation to provide legal services in Germany is limited to the field of foreign and international IP protection.

Please note that the official language at the DPMA is German.

Admission to the German Patent Attorney Bar

If a patent attorney from EU member states, the European Economic Area or Switzerland wishes to obtain authorisation to practise as a German patent attorney, they must apply to the DPMA to establish the equivalence of their (foreign) professional qualification with the qualification required to practise the profession of a patent attorney in Germany (section 1 of the EuPAG). For this purpose, evidence that authorises the applicant to practise the profession of patent attorney in their home country must be submitted to the DPMA. If the DPMA is not able to directly determine the equivalence of the professional qualification, it will impose an aptitude examination.

If the activity in the home country is limited to certain fields of law, the patent attorney with authorisation in EU member states, the European Economic Area or Switzerland may, under certain conditions, also practise the profession of patent attorney in Germany. However, their activity is restricted to their original fields of law (partial access, section 12 of the EuPAG). This especially comes into play if different authorisations to practise as a patent attorney (patent law or trade mark law) already exist in the home country, as they do in France or Italy. For the protection of those seeking legal advice, the patent attorney with partial access must practise under the professional title of their home country and must inform the client of the limited scope of activity before taking on the mandate.

Patent Attorneys admitted in EU member states, the European Economic Area or Switzerland providing services

If a patent attorney from EU member states, the European Economic Area or Switzerland is active in Germany only temporarily and occasionally and therefore does not wish to apply for (partial) authorisation in Germany, they may, under certain conditions, work as a European patent attorney providing services in Germany (sections 13 et seqq. of the EuPAG). To do so, they must notify the German Chamber of Patent Attorneys of their intended activities in Germany (see section 15 of the EuPAG). The notification form is available on the website of the German Chamber of Patent Attorneys. The completed notification form has to be sent by post to: Patentanwaltskammer, Postfach 26 01 08, D-80058 Munich (Germany). This notification has to be repeated annually.

The Chamber of Patent Attorneys will check the information on the form and will initially include the patent attorney in the register of patent attorneys of the European Union, the European Economic Area or Switzerland providing services (externer Link Meldeverzeichnis der dienstleistenden europäischen Patentanwälte) for one year pursuant to section 15 (4) sentence 1 of the EuPAG.

Only if the patent attorney with authorisation in the European Union, the European Economic Area or Switzerland is listed in this register can the DPMA register them as a representative in an IP proceeding.
Further information can be found on the website of the German Chamber of Patent Attorneys (externer Link Patentanwaltskammer).

Lawyers admitted in Germany

The provisions relating to representation in proceedings before the DPMA can be found in sections 13 to 16 of the externer Link DPMA Ordinance (DPMAV).

Lawyers admitted in the European Union, the European Economic Area or Switzerland

Lawyers from another member state of the European Union, the European Economic Area or Switzerland are also authorised to represent clients in proceedings before the DPMA. This authorisation is governed by the externer Link Law regulating the activity of European lawyers in Germany (EuRAG). Accordingly, under certain conditions, established (sections 2 et seqq. of the EuRAG) European lawyers and European lawyers temporarily providing services (sections 25 et seqq. of the EuRAG) are also authorised to represent clients before the DPMA. Foreign professional titles that are comparable with the professional title of German lawyers can be found in the annex to section 1 of the EuRAG.

The externer Link Official Nationwide Register of Lawyers lists all European lawyers admitted or established in Germany. European lawyers who may perform activities of a lawyer in Germany on a temporary or occasional basis pursuant to section 25 (1) of the EuRAG are not included in the register. There is no official register for them.

Please note that the official language at the DPMA is German.

In-house patent attorneys and in-house lawyers

In-house patent attorneys who are admitted to practise pursuant to section 41b of the Patent Attorney Code (Patentanwaltsordnung, PAO) are authorised, among other things, to give legal advice to and represent their employer in all legal matters that are related to the activities of the DPMA (section 41a (2, 5) in conjunction with section 3 of the Patent Attorney Code).

In-house lawyers who are admitted to practise in Germany pursuant to section 46a of the Federal Code for Lawyers (Bundesrechtsanwaltsordnung, BRAO) are authorised to give legal advice to and represent their employer in all legal matters. This means they can also represent their employer in legal affairs before the DPMA.

An employer's legal affairs also include the legal affairs of affiliated companies pursuant to section 46 (5) of the Federal Code for Lawyers or section 41a (5) of the Patent Attorney Code.

Patentassessoren/-assessorinnen

Patentassessorinnen/Patentassessoren working in the field of IP rights in Germany as part of a permanent employment are authorised to represent third parties pursuant to section 155 of the Patent Attorney Code. On the one hand, this rule applies if the relationship of the employer of the Patentassessorin/Patentassessor and the third party is that of group member companies (section 18 of the Stock Corporation Act [Aktiengesetz]) or of parties to an inter-company agreement (sections 291, 292 of the Stock Corporation Act). On the other hand, Patentassessorinnen/Patentassessoren can also be hired as representatives in Germany by third parties that do not have a residence or establishment in Germany and have granted the power to represent their interests regarding their IP rights (section 155 (1, 2) and section 2 of the Patent Attorney Code) to the employer of the Patentassessorin/Patentassessor.

Last updated: 5 December 2025