Presentation on theme: "The Role of Patent Attorneys"— Presentation transcript:
1The Role of Patent Attorneys by the Example of Germany:Education, Experience and Contribution toIP Protection, Litigation and UtilizationWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
2Characteristics of the profession of German Patent Attorneys Free and independent profession„Translators“ between law, technic and scienceAdvisors and representatives of inventors and businesses in all intellectual property mattersAdvisors and/or representatives on national, european and international basisWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
3Fields of Representation PatentsUtility ModelsDesign ModelsTrademarksTopographyGerman Law relating to Inventions of EmployeesLitigationEuropean and International Patent Applications (for European Patent Attorneys)Representation before the OHIM (for European Trademark Attorneys)Further activities of Intellectual propertyWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
4Right of Representation of German Patent Attorneys German Patent and Trademark OfficeFederal Patent CourtFederal Supreme Court (in nullity proceedings)Litigation proceedings (in cooperation with an Attorney at Law): District Court, Higher Regional Court and Federal Supreme CourtWith additional admission: EPO, OHIMWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
5Important Stages for IP Protection Stage 1: Creation of an InventionPA: e.g. prior art searches, discussion of the intended scope of protection, advice with regard to required examples and comparisonsStage 2: Establishing IP protectionPA: e.g. advice on the where and what kind of IP protection to file, drafting and filing patent or utility model applications, national-regional-international prosecutionWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
6Important Stages for IP Protection Stage 3: Determining Legal Validity of IP rightsPA: e.g. prior art searches, legal opinions on validity, filing oppositions or nullity suits, defending client‘s patents against attacksStage 4: Commercialisation of InventionsProduction, licensing, litigationPA: e.g. due diligence, legal opinions, advising in view of contracts/licensing, infringement, participating in law suitsWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
7How to become a German Patent Attorney Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.
8Educational Background Requirements Technical education: scientific or technical study at a University with a corresponding degreeeg. In chemistry, physics, mechanical engineering, electrical engineering, biology etc.)One year practice in the technical field of the University educatione.g. experimental PhD thesis, industrial work experience before, during or after university studiesWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
9Training for Patent Attorney Candidates Time course:26 months at a patent attorney‘s office or with a patent agent in industry (training on the job)8 months at the German Patent and Trademark Office and Patent CourtExamination at the German Patent and Trademark OfficeAdmission as patent attorneyWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
10Accompanying legal training Accompanying obligatory study of general law at the FernUniversity Hagen (distant university )Topics: inter alia civil law, commercial law, labour legislation, corporate law, administrative law, public law, anti-trust law, competition law, procedural law, laws of the EC ……Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.
11Training at the German Patent and Trademark Office and Federal Patent Court German Patent and Trademark Office (2 months):everyday work experience with a patent and a trademark examinerseminars in patent and trademark lawFederal Patent Court (6 months):2 months at a trademark board4 months with different boards: technical board, utility model board, nullity board and legal boardAccompanying seminars on law and examination writing skillsWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
12Examination Examination: - in writing: 2 days, legal opinion - oral examination: 3-4 hoursDegree: Patent AgentAdmission as patent attorney upon request to the President of the German Patent and Trademark OfficeWeickmann & Weickmann Dr. Brigitte Böhm, LL.M.
13Example for continued Education: „European Intellectual Property Law“by the Chamber of Patent Attorneys in cooperation with the Distant University Hagen/Germany:Law of the EULitigation and Nullity in the UK, France and GermanyEPO procedural lawCommunity trademark and design lawExamination and Degree: Master of Laws (LL.M)Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.
14European Patent Attorneys Qualification: Passing the European Qualifying Examination at the European Patent OfficeRepresent clients in all procedures before the European Patent OfficeMandatory membership with the Institute of Professional Representatives before the European Patent Office: „epi“The majority of German Patent Attorneys are also qualified European Patent AttorneysAll German Patent Attorneys can be included in the list of Representatives at the Office of the Harmonization of the Internal Market (European Trademarks and Designs)Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.
15Thank you very much for your attention! Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.