Notice No. 1/21

of the President of the German Patent and Trade Mark Office of 18 January 2021 concerning the power of representation of British patent attorneys and British lawyers, which ceased on 1 January 2021

As a result of the United Kingdom’s exit from the European Union, British patent attorneys lost their power of representation in Germany upon expiry of the transition period on 31 December 2020.

Pursuant to the Act on the Activities of Patent Attorneys from EU Member States in Germany (Gesetz über die Tätigkeit europäischer Patentanwälte in Deutschland), patent attorneys from the United Kingdom were allowed temporarily and occasionally to pursue their activities in Germany under their British professional title (patent attorney) as what are called patent attorneys from EU member states providing services until 31 December 2020. Accordingly, they were also authorised to represent their clients before the German Patent and Trade Mark Office (DPMA).

Furthermore, it was possible for British patent attorneys to seek admission to the German Chamber of Patent Attorneys after the equivalency of their professional qualification had been verified. As established patent attorneys from EU member states, they were also allowed to establish themselves in Germany in order to pursue their profession in the area of foreign and international IP protection. These possibilities ceased to exist on 1 January 2021.

Likewise, lawyers admitted to the bar in the United Kingdom are no longer authorised to represent clients before the DPMA since 1 January 2021.

The President of the German Patent and Trade Mark Office
Cornelia Rudloff-Schäffer

Last updated: 18 January 2021