FAQ about representation
Here is a selection of frequently asked questions and answers about representation.
How can I obtain the certificate for applying to enter the list of professional representatives before EUIPO?
The application forms for entering the list of professional representatives and the corresponding certificate by the central industrial property office are available for download on the EUIPO. The patent attorney applying to be included on the list of professional representatives must fill in the forms and send them to Section 4.3.5 of the DPMA. Section 4.3.5. will confirm for the central industrial property office that the applicant is a patent attorney entitled to represent and send the completed certificate to the applicant, usually within a few days. The DPMA issues corresponding certificates exclusively for German patent attorneys. Established patent attorneys from EU member states or patent attorneys from EU member states providing services (also with entitlement to act before the EPO) do not fall into this category.
Is each patent attorney of a partnership equally entitled to represent clients before the DPMA?
Yes, if the partnership is indicated as representative. According to the relevant case law, each partner of a partnership regularly takes a case for all partners. Under section 15 (4) of the DPMA Ordinance, the DPMA does not generally examine the entitlement of lawyers or patent attorneys to represent a client. Nor does the DPMA keep a list specifying which lawyers of a law firm act as regular substitutes for each other.
How does the DPMA verify whether a European lawyer providing services is entitled to act as domestic representative?
A European lawyer providing services may work on a temporary and occasional basis in Germany. The entitlement to act as a domestic representative results from a valid admission as a lawyer in the country in which he has his establishment. This can generally be assumed to be the case. The DPMA only requires proof in case of doubt.
Last updated: 21 July 2021