Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

1. The Role of Patent Attorneys by the Example of Germany: Education, Experience andContributionto IP Protection, LitigationandUtilization Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

2. Characteristicsoftheprofessionof German Patent Attorneys • Free and independent profession • „Translators“ between law, technic and science • Advisors and representatives of inventors and businesses in all intellectual property matters • Advisors and/or representatives on national, european and international basis Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

3. Fields of Representation • Patents • Utility Models • Design Models • Trademarks • Topography • German Law relating to Inventions of Employees • Litigation • European and International Patent Applications (for European Patent Attorneys) • Representation before the OHIM (for European Trademark Attorneys) • Further activities of Intellectual property Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

4. Right of Representation of German Patent Attorneys • German Patent and Trademark Office • Federal Patent Court • Federal Supreme Court (in nullityproceedings) • Litigationproceedings (in cooperationwith an Attorneyat Law): District Court, Higher Regional Court and Federal Supreme Court • With additional admission: EPO, OHIM Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

5. Important Stages for IP Protection Stage 1: Creation of an Invention PA: e.g. prior art searches, discussion of the intended scope of protection, advice with regard to required examples and comparisons Stage 2: Establishing IP protection PA: 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 prosecution Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

6. Important Stages for IP Protection Stage 3: Determining Legal Validity of IP rights PA: e.g. prior art searches, legal opinions on validity, filing oppositions or nullity suits, defending client‘s patents against attacks Stage 4: Commercialisation of Inventions Production, licensing, litigation PA: e.g. due diligence, legal opinions, advising in view of contracts/licensing, infringement, participating in law suits Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

7. Howtobecome a German Patent Attorney Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

8. Educational Background Requirements • Technical education: scientificortechnicalstudyat a University with a correspondingdegree eg. In chemistry, physics, mechanicalengineering, electricalengineering, biology etc.) • Oneyearpractice in thetechnicalfieldoftheUniversity education e.g. experimental PhDthesis, industrialworkexperiencebefore, duringor after universitystudies Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

9. Training 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 Court • Examination at the German Patent and Trademark Office • Admission as patent attorney Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

10. Accompanying 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.

11. Training 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 examiner • seminars in patent and trademark law • Federal Patent Court (6 months): • 2 months at a trademark board • 4 months with different boards: technical board, utility model board, nullity board and legal board • Accompanying seminars on law and examination writing skills Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

12. Examination Examination: - in writing: 2 days, legal opinion - oral examination: 3-4 hours Degree: Patent Agent Admissionaspatent attorney upon requesttothePresidentofthe German Patent and Trademark Office Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

13. Exampleforcontinued Education: • „European Intellectual Property Law“ • by the Chamber of Patent Attorneys in cooperation with the Distant University Hagen/Germany: • Law of the EU • Litigation and Nullity in the UK, France and Germany • EPO procedural law • Community trademark and design law • Examination and Degree: Master of Laws (LL.M) Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.

14. European Patent Attorneys • Qualification: Passing the European Qualifying Examination at the European Patent Office • Represent clients in all procedures before the European Patent Office • Mandatory membership with the Institute of Professional Representatives before the European Patent Office: „epi“ • The majority of German Patent Attorneys are also qualified European Patent Attorneys • All 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.

15. Thank you very much for your attention! Weickmann & Weickmann Dr. Brigitte Böhm, LL.M.