FAQ: representation before the DPMA

No, as patent attorney or lawyer representing your client you do not need an additional power of attorney. It is up to you if you want to submit the power of attorney. If you intend to represent your client in multiple IP proceedings before the DPMA, you or your client can submit a power of attorney for each proceeding or a general power of attorney (form VM01). In general, section 15 (4) of the DPMA Ordinance applies, which states that the DPMA does not take into account the lack of a general power of attorney or errors in it, as long as patent attorneys or lawyers act as authorised representatives.

Yes, but only within the narrow confines of the Act on Out-of-Court Legal Services (Rechtsdienstleistungsgesetz, RDG).

Patentassessorinnen/Patentassessoren may represent someone pursuant to section 155 of the Patent Attorney Code (Patentanwaltsordnung, PAO).

No. Pursuant to section 16 of the DPMA Ordinance you will automatically receive a representative’s number from the DPMA. You do not need to request one.

As the German central IP office pursuant to the EU trade mark regulation and the Community design regulation, the DPMA only issues corresponding certificates to patent attorneys admitted in Germany.
You can find the application forms for acting before the EUIPO along with the certificate to be issued by the DPMA on the EUIPO webpage.

First, you need to fill out the form for the certificate and send it to the DPMA (section 4.3.5 – Patent Attorneys and Other Agents, Ref4.3.5@dpma.de) via post or email. The DPMA then confirms that you are a patent attorney admitted in Germany and sends the completed certificate back to you, usually within a few days. Once you have received it, you need to send the certificate to the EUIPO together with the application form.

The DPMA does not issue certificates to European patent attorneys practising in Germany or providing services in Germany (even if they have the power of representation before the EPO).

The DPMA does not issue certificates to lawyers admitted to practise in Germany either. Pursuant to point (a) of paragraph 1 of Article 120 of the EU trade mark regulation as well as point (a) of paragraph 1 of Article 78 of the Community design regulation, they are already authorised to undertake representation and thus do not need to apply for entry on the EUIPO list of professional representatives.

Similarly, Patentassessorinnen/Patentassessoren and in-house lawyers do not receive such a certificate either, since they do not have unlimited authorisation to undertake representation pursuant to Article 119 et seqq. of the EU trade mark regulation.

The powers of representation of a joint practice (meaning a professional practice company) and who can or has to act on its behalf are governed by sections 59l and 207a (4) of the Federal Code for Lawyers (Bundesrechtsanwaltsordnung) as well as sections 52k and 159 (4) of the Patent Attorney Code (Patentanwaltsordnung).

The Chamber of Patent Attorneys has an electronic register of patent attorneys from EU member states, the European Economic Area or Switzerland providing services where the authorisation can be checked.

Lawyers from EU member states, the European Economic Area or Switzerland are allowed to practise in Germany temporarily and occasionally. The bar associations do not have a corresponding register. The power of representation in Germany relies on a valid admission as lawyer in the country where they practise. Suitable proof has to be produced upon request (section 26 (1), sentence 1 of the EuRAG).

Yes. If your name or the address of your law firm changes, you first need to report these changes to the Chamber of Patent Attorneys. At the same time and independently of acting in specific IP proceedings, please also notify the DPMA (section 4.3.5 – Patent Attorneys and Other Agents) via post, fax (+49 89 2195 3454) or email (Ref4.3.5@dpma.de) of any changes.