Patentanwaltsordnung (PAO)

Unofficial table of contents

PAO

Date of completion: 07.09.1966

Full quote:

" Patent law of 7 September 1966 (BGBl. I p. 557), most recently by Article 6 of the Law of 17 July 2015 (BGBl. I p. 1332).

Status:

Last amended by Art. 6 G v. 17.7.2015 I 1332

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 15.9.1975 + + +) 
(+ + + measures due to EinigVtr cf.  PatAnwO Annex EV 
 No longer apply + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 123/2006 (CELEX Nr: 32006L0123)  G v. 22.12.2010 I 2248 + + +) 

  

Heading: letter abbreviation inserted. by Art. 1 No. 1 G v. 14.8.2009 I 2827 mWv 1.9.2009

Part one
The patent attorney

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§ 1 Position of the patent attorney in the administration of justice

The patent attorney is an independent body of the administration of justice in the role assigned to him by this law. Unofficial table of contents

§ 2 profession of patent attorney

(1) The patent attorney exercises a liberal profession. (2) His activity is not a business. Unofficial table of contents

§ 3 Right of advice and representation

(1) The patent attorney shall be an independent adviser and representative in accordance with the provisions of this Act. (2) The patent attorney shall have the professional task,

1.

in matters relating to the acquisition, maintenance, defence and challenge of a patent, a supplementary protection certificate, a utility model, a registered design, the protection of a topography, a mark, or any other to advise others and to represent third parties to the trademark law (industrial property rights) or to the right of a plant variety right;

2.

in matters relating to the business of the Patent Office and the Patent Court, to represent others before the Patent Office and the Patent Court;

3.

in proceedings for a declaration of invalidity or withdrawal of the patent or supplementary protection certificate, or for the grant of a compulsory licence, to represent others before the Federal Court of Justice;

4.

In matters of plant variety protection, others are to be represented in front of the Federal Office of the Federal Office.

(3) The patent attorney is also entitled to:

1.

in matters for which a matter of importance is a matter of industrial property rights, a data processing programme, an unprotected invention or other technology enriching the technology, a plant variety right or a non-proprietary right protected, plant-based performance in the field of plant breeding, or for which a legal matter connected with such a question is important to advise others and to represent third parties, even if the the conditions laid down in paragraph 2 (1) are not fulfilled;

2.

to represent others before the local courts in the extension of the protection period of a registered design;

3.

in the matters referred to in paragraph 1, other than arbitral tribunals and, in the case of administrative authorities, other than those referred to in paragraph 2.

(4) Everyone has the right to be advised and represented by a patent attorney of his choice in accordance with the statutory provisions. (5) The right of lawyers to advise and represent in all legal matters (§ 3 of the The Federal Law on Legal Affairs) remains unaffected. Unofficial table of contents

§ 4 Occurrence before the courts

(1) In litigation in which a claim from one of the claims in the Patent Act, in the Utility Model Law, in the Semiconductor Protection Act, in the Trademark Law, in the Law on Workers ' inventions, in the Design Act or in the Plant Variety Protection Act, (2) The same shall apply in other cases. (2) The same shall apply in other cases. (2) The same applies in other cases to the law of the patent court. litigation where a matter is of importance to the decision, which shall be industrial property rights, a registered design, a data processing program, an unprotected invention or any other technology enriching the technology, a plant variety right or an unprotected plant that enriches the plant construction In the field of plant breeding, or in so far as the decision is of importance for a decision directly related to such a question. (3) In so far as representation by lawyers is not necessary, the A patent attorney in the cases referred to in paragraphs 1 and 2 as authorised representative shall be empowered.

Part two
The authorisation of the patent attorney

First section
Admission to the Patent Attorney's Office

1.
General requirements

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§ 5 Access to the profession of patent attorney

(1) In the case of the patent attorney's office, only those who obtain the qualification for the profession of the patent attorney in accordance with paragraph 2, or the aptitude test in accordance with the law on the aptitude test for admission to the patent attorney's office of 6 July 1990, can be admitted. (BGBl. I p. 1349). The Professional Qualification Order Act is not applicable. (2) The qualification for the profession of the patent attorney has obtained who has acquired the technical competence (§ 6) and then passed the examination of the necessary legal knowledge (§ 8) , and has worked for at least six months in a patent attorney. The training of a patent attorney (§ 7 para. 1) is to be calculated on the basis of the activity according to sentence 1. (3) The examination of the necessary legal knowledge must precede the training in the field of industrial property protection (§ 7). Unofficial table of contents

§ 6 Technical competence

(1) The technical competence has acquired who, within the scope of this law, is devoted to the study of natural sciences or technical subjects as an ordinary student of a scientific university and who is studying this study by means of a State or academic scrutiny has been successful. In addition, a year of practical technical work must be carried out; the President of the Patent Office may, on request, grant exemption from it insofar as the applicant proves that he has the practical experience required for the profession of patent attorney. (2) The conditions for the acquisition of the technical competence shall be fulfilled by studying at a scientific university outside the scope of this Act and by one of the following: shall comply with the state or academic final examination as laid down in the the scope of this law is recognised or equivalent to the study and the final examination referred to in paragraph 1. The President of the Patent Office shall decide on equivalence in consultation with the competent national authority of the country in which the Patent Office is established. Unofficial table of contents

§ 7 Training in the field of industrial property rights

(1) After the acquisition of the technical competence, the applicant must have been domesticated in the field of industrial property protection for at least 34 months, at least 26 months in the case of a patent attorney or a patent attorney (§ 11) in the patent department of a company, two months at the patent office and six months in the patent court. An apprenticeship in a court for patent litigation is to be set up for up to two months on the training of a patent attorney or a patent attorney. (2) The President of the Patent Office may, upon request, have a practical training in the field of the patent attorney. In the case of a patent attorney or a patent attorney, for a period of up to six months on the training prescribed in accordance with paragraph 1, industrial property rights carried out abroad shall be taken into account. The application must be submitted before the beginning of the training abroad. (3) The applicant must complete the training with a patent attorney or a patent attorney with a degree in general law at a university. The course of study should cover those areas of law which a patent attorney or patent attorney must know in addition to the field of industrial property protection; knowledge of the broad guidelines in the areas of contract law, employment contract law, Economic law, judicial procedural law, constitutional law, general administrative law and European law. The degree course is to be completed with an examination. (4) The completion of a study of law or a special degree in general law (paragraph 3) is to be completed with four months on the training of a patent attorney or a patent attorney. . This does not apply to studies which can be carried out in addition to the training of a patent attorney or a patent attorney. (5) A special course of study in general law, which is intended for the training of applicants for the profession of patent attorney or The President of the Patent Office shall only fulfil the conditions laid down in paragraph 3, unless the President of the Patent Office has established that. Before taking a decision, he shall obtain the opinion of the Board of the Patent Bar Association. The decision is to be published in the "Sheet for Patent, Pattern and Drawing beings". Unofficial table of contents

§ 8 Examination

The necessary legal knowledge must be proven by a written and oral examination before the Examination Commission (§ 9). The examination shall, in particular, be used to determine whether the applicant has the ability to apply the rules of industrial property law in practice, including the knowledge of general law required for its application; shall cover all areas of industrial property protection on which the patent attorney can advise and represent. Unofficial table of contents

§ 9 Examination Commission

The examination committee shall be formed at the Patent Office. The Federal Office of Justice convenes in this Commission members of the Patent Court and of the Patent Office as well as patent attorneys and patent attorneys. Prior to the appointment of the patent attorneys, the Board of Directors of the Patent Attorneys ' Chamber is to be heard. Unofficial table of contents

Section 10 Approval for Examination

(1) The application for admission to the examination shall be decided by the President of the Patent Office. (2) The application shall be rejected if the applicant is to acquire the technical competence (§ 6) or the prescribed training in the field of commercial Legal protection (§ 7) has not been proven. (3) The negative decision is to be provided with reasons. (5) If the President of the Patent Office has submitted an application to the Court of Appeal, the applicant shall be able to submit a request for a court decision within one month of the date of delivery of the application. If the applicant is not admitted to the examination for a sufficient reason within three months, the applicant may submit the application for a court decision. Unofficial table of contents

§ 11 Patentassessor

(1) If you have passed the examination in accordance with § 8 or the aptitude test in accordance with the law on the aptitude test for admission to the patent attorney's office, you have the right to lead the name "Patentassessor" or "Patentassessorin". (2) The result of the examination is given to the patent atessor a certificate. Unofficial table of contents

§ 12 Training and Examination Regulations

(1) The Federal Ministry of Justice is authorized to enact provisions on the details of training and examinations (§ § 6 to 11) by means of a decree-law with the consent of the Federal Council, in particular on the beginning and the course of the training in the field of industrial property rights, the definition of the subject-specific content of the supplementary course of study (§ 7 para. 3), the rights and obligations of the patent attorney and the patent attorney as trainers, the rights and obligations of the applicant during the training, composition and business performance of the Examination Commission, which The term of office of the members of the Examination Committee, the documents to be annexed to the application for admission to the examination, the examination procedure, the examination areas, the resignation and the exclusion from the examination, the result of the examination and the repetition of the Examination. (2) To the extent that the regulation provides for measures to ensure the maintenance of the applicants, the agreement with the Federal Ministry of Finance is required for their adoption. (3) Any applicant who is admitted to the examination shall have the right to take the necessary measures. The President of the Patent Office must pay an examination fee of 260 Euro. The Federal Ministry of Justice is authorized to enact legislation on the collection of the examination fee and its stuning or decree by means of a regulation.

2.
Admission to the Patent Attorney's Office and its Ererase

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Section 13 Application for admission to the Patent Attorney's Office

(1) Admission to the Patent Attorney's Office is granted on request. (2) A request may only be refused from the grounds specified in this Law. (3) (4) Unofficial table of contents

§ 14 Prosecutions of Admission to the Patent Attorney

The admission to the patent attorney's office is to fail,

1.

if the applicant has had a fundamental right following the decision of the Federal Constitutional Court;

2.

if, as a result of a criminal conviction, the applicant does not have the ability to hold public offices;

3.

if the applicant has been ruled out by a final judgment from the Patent Attorney's Office or from the Bar and has not yet passed eight years since the judgment of the judgment has been legal;

4.

where the applicant has been legally recognised in the proceedings relating to the prosecution of judges for dismissal or disciplinary proceedings at a distance from the service in the administration of justice or from the service as a member of the Patent Office;

5.

if the applicant is guilty of a conduct which makes him unworthy to pursue the profession of a patent attorney;

6.

if the candidate combats the free democratic basic order in a punishable manner;

7.

if, for health reasons, the applicant is not only temporarily unable to perform the profession of a patent attorney properly;

8.

if the applicant carries out an activity which is not compatible with the profession of the patent attorney, in particular his position as an independent body of the administration of justice, or which may endanger confidence in his independence;

9.

if the applicant is in an asset default, an asset default is presumed if insolvency proceedings are opened on the applicant's assets or if the applicant is to be placed in the list to be held by the enforcement court (Article 26 (2) of the insolvency order, § 882b of the Code of Civil Procedure);

10.

if the candidate is a judge, a civil servant, a professional soldier or a soldier on a temporary basis, unless he exercises the duties assigned to him on a voluntary basis or that his rights and obligations are based on the provisions of Sections 5, 6, 8 and 36 of the Act of Deputies, or legislation to that effect.

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§ § 15 to 16 (omitted)

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Section 17 Suspension of the authorisation procedure

(1) The decision on the application for admission to the patent attorney may be suspended if an investigation or criminal proceedings is pending against the applicant on the suspicion of a criminal offence. (2) The decision on the application shall be suspended if the applicant is subject to the public action for a criminal offence which may result in the inability to hold public office clothing. (3) However, the application for admission to the patent attorney's office is if it is already without prejudice to the outcome of the The investigation or the outcome of the criminal proceedings should be rejected. Unofficial table of contents

§ 18 Approval

(1) Admission to the Patent Attorney's Office shall be effective with the handing out of a certificate issued by the Patent Attorney's Chamber. (2) The certificate may not be handed over until the applicant is sworn in (§ 19) and the conclusion of the Professional indemnity insurance (§ 45) has been proven or a provisional cover has been submitted. (3) With the admission the applicant becomes a member of the patent attorney's chamber. (4) After the admission, the activity under the professional title may be "Patent attorney" or "patent attorney" is exercised. Unofficial table of contents

Section 19 Icing up

(1) The applicant has to pay the following oath before the Patent Bar: " I swear to God Almighty and Allwissend, to uphold the constitutional order and to conscientiously fulfill the duties of a patent attorney, as true to me God " (2) The oath can also be made without any religious eureation. (3) A law allows the members of a religious community to use a different formula in place of the oath, the patent attorney, who is a member of a religious community, is entitled to a of such a religious community is to speak of this kind of expression. (4) Who out of For reasons of belief or conscience, it is necessary to make the following plea: "I am loving to uphold the constitutional order and to scrupulously fulfil the obligations of a patent attorney." (5) 1 or the vow referred to in paragraph 4, the words "of a patent attorney" shall replace the words "of a patent attorney". (6) A protocol shall be included on the oath, which shall also contain the wording of the oath or the vow. The protocol is to be signed by the patent attorney and a member of the board of the patent attorney's chamber. It is to take on the personnel files of the patent attorney. Unofficial table of contents

§ 20 Erasing of the authorisation

Admission to the Patent Attorney's Office shall be revoked if a final judgment on exclusion from the Patent Attorney's Office has been recognized or if the withdrawal or revocation of the authorisation has become final. Unofficial table of contents

Section 21 Revocation and revocation of admission

(1) Admission to the Patent Attorney's Office shall be withdrawn with effect for the future, if facts become known subsequently, in the knowledge of which the authorisation should have been denied. The withdrawal of the authorisation may be waited if the grounds on which the authorisation should have been failed are no longer in existence. (2) Admission to the Patent Attorney's Office should be revoked,

1.

if the patent attorney has had a fundamental right following the decision of the Federal Constitutional Court;

2.

if the patent attorney has lost the ability to hold public office as a result of a criminal conviction;

3.

if, for health reasons, the patent attorney is not only temporarily unable to perform the profession of a patent attorney properly, unless his/her failure to do so in the patent attorney's office does not endanger the administration of justice;

4.

if the patent attorney has waived the rights arising from admission to the Patent Attorney's Office in writing;

5.

if the patent attorney is appointed judge or official at life, appointed to the employment relationship of a professional soldier or, according to § 6 of the Act of Deputability or equivalent legislation, re-appointed as a judge in the former employment relationship or a civil servant is repatriated at the time of life or as a professional soldier and does not waive the rights arising from admission to the patent attorney's office;

6.

(dropped)

7.

(dropped)

8.

if the patent attorney has fallen into property, unless the interests of the right-seeking persons are not at risk; an asset default is presumed if insolvency proceedings are opened on the assets of the patent attorney or the Patent attorney in the list to be held by the executing court (§ 26 para. 2 of the insolvency order, § 882b of the Civil Procedure Code);

9.

if the patent attorney exercises an activity which is not compatible with his profession, in particular his position as an independent body of the administration of justice, or which may endanger confidence in his independence; this shall not apply if the revocation for it would mean an unreasonable hardship;

10.

if the patent attorney does not have the compulsory professional indemnity insurance (§ 45).

(3) Admission to the Patent Attorney's Office may be revoked if the patent attorney

1.

not within three months of the obligation to do so, a firm shall not be established (Article 26 (1));

2.

does not comply within three months with a requirement for exemption pursuant to Article 26 (3) or Article 27 (2);

3.

not within three months of having been exempted from the obligation to maintain a law firm (Article 26 (3), section 27 (2)) or the former delivery agent has fallen away, appointing a delivery agent, or

4.

give up its law firm without being exempted from the obligation of Section 26 (1).

(4) The patent attorney's chamber orders the immediate enforcement of the order, are to be applied in accordance with § 137 (2), (4) and (5), § 138 (2) and § 143 (§ 143). In the case referred to in paragraph 2, point 10, the order shall be made as a general rule. Unofficial table of contents

Section 22 Medical advice in case of failure and revocation of the authorisation

(1) If it is necessary for a decision on the grounds of failure of Section 14 (7) or the revocation reason of Article 21 (2) (3), the patent attorney's chamber shall give the person concerned, within a reasonable period of time to be determined by it, the to submit an opinion of a physician to be determined on his/her state of health. The opinion must be based on an investigation and, if this is deemed necessary by a local doctor, also on a clinical observation of the person concerned. The person concerned shall bear the costs of the expert opinion. (2) The orders referred to in paragraph 1 shall be provided with reasons and shall be awarded. The legal remedies can be invoked against them against incriminating administrative acts. They do not have suspensive effect. (3) If the opinion is not submitted within the time limit set by the Patent Bar Association without sufficient reason, it is presumed that for health reasons the person concerned is not only temporarily is incapable of properly exercising the profession of a patent attorney. The person concerned shall be informed of the consequences of the time limit. Unofficial table of contents

§ 23 (omitted)

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§ 24 Erdeleting of the power to guide the professional title

(1) With the erasing of admission to the patent attorney's office (§ 20), the power to lead the professional title "patent attorney" or "patent attorney" ends. The patent attorney's chamber may also be a patent attorney who, because of a high age or because of physical suffering, is entitled to the rights arising from admission to the patent. The patent attorney's chamber may revoke a licence granted in accordance with paragraph 2, if circumstances arise subsequently which arise in the case of a patent attorney general. the deletion of the authorisation to the Patent Attorney's Office would result.

3.
Law firm and patent attorney's directory

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§ 25 (omitted)

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§ 26 Law Firm

(1) The patent attorney must establish and maintain a law firm within the scope of this law. (2) If the patent attorney imposes his law firm or establishes a branch, he must immediately notify the patent attorney's chamber. (3) In the The patent attorney's chamber may exempt a patent attorney from the obligation of paragraph 1 in the interest of the administration of justice or for the avoidance of hardship. The exemption may be revoked if it is necessary in the interests of the administration of justice. Unofficial table of contents

§ 27 Law firms in other States

(1) The provisions of this Section shall not prevent the patent attorney from setting up or maintaining law firms in other States as well. (2) The Patent Attorney's Chamber shall exempt a patent attorney who shall exclusively be responsible for his law firm in other States. , from the obligation of § 26, unless the overriding interests of the administration of justice are contrary to the law. The exemption may be revoked if it is necessary in the overriding interest of the administration of justice. (3) The patent attorney must inform the address of his law firm in another State and of the change of the patent attorney's chamber. (4) (dropped) Unofficial table of contents

Section 28 Appointing Representative

(1) If the patent attorney is exempt from the obligation to maintain a law firm, he shall appoint the patent attorney's chamber to appoint a service representative who resides domestily or has a business premises there. (2) To the appointing representative May also be served by a lawyer to a lawyer (§ § 174, 195 of the Code of Civil Procedure) as to the patent attorney himself. (3) If an agent of delivery is not appointed in breach of paragraph 1, the delivery can be effected by task for the post (§ § § 174, 195 of the Civil Procedure Code). 184 of the Code of Civil Procedure). The same shall apply if service to the appointing agent is not executable. Unofficial table of contents

§ 29 Patentanwaltsdir

(1) The Patent Attorneys ' Chamber shall conduct an electronic register of authorised patent attorneys. The patent attorney's chamber bears the responsibility for data protection for the data it enters into the directory, in particular for the legality of the collection and the correctness of the data. The list shall be used to inform the authorities and courts, the right-seeking persons and other persons involved in the legal transactions. Access to the list is free of charge. (2) The entry into the register shall be made as soon as the certificate of admission is issued. (3) The name of the surname, the first name, the date of the authorisation, the address and the telecommunications data which the patent attorney has communicated, in the cases of § 26 (3) or 27 (2) of the content of the exemption, the address of branches and existing prohibitions on professional and representation shall be entered. If a representative is appointed in the event of a ban on professional or representation, the representative order shall be entered, indicating the name of the representative and the first name of the representative. (4) The entry in the register shall be deleted as soon as the authorisation has been granted (5) The Federal Ministry of Justice regulates the details of the management of the directory and the inspection of the list by means of a regulation without the consent of the Federal Council.

Second section
Administrative procedures

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Section 30Supplementary application of the Administrative Procedure Act

(1) The Administrative Procedure Act shall apply to administrative proceedings under this Act or pursuant to a legal regulation adopted pursuant to this Act, unless otherwise specified. The administrative procedures can be carried out via a single body in accordance with the provisions of the Administrative Procedure Act. (2) Applications must be decided within a period of three months; § 42a (2) sentence 2 to 4 of the Administrative procedural law shall apply accordingly. In the cases of § 22, the deadline shall begin only with the submission of the medical opinion. § 17 shall remain unaffected. Unofficial table of contents

§ 31 Sachliche jurisdiction

The patent attorney's chamber shall be responsible for the execution of this law and of the legal regulations issued under this law, unless otherwise specified. Unofficial table of contents

Section 32 Delivery

Administrative acts, which establish or terminate the admission to the patent attorney's office or the membership of the patent attorney's chamber, or which are cancelled or refused, withdrawn or revoked by a waiver or permission, are . Unofficial table of contents

Section 33 Order of a representative in the administrative procedure

If a representative is appointed at the request of the patent attorney's chamber for the administrative procedure, a patent attorney or lawyer shall be appointed. Unofficial table of contents

§ 34 Determination of the facts, personal data, obligation to participate

(1) The patent attorney's chamber may obtain an unrestricted information in accordance with Section 41 (1) (11) of the Federal Central Register Act as a rule request in order to determine the facts of the case. (2) Submit the courts and authorities. personal data, the knowledge of which, from the point of view of the authority to be transferred to the patent attorney's office, the creation or the erasure of membership in the patent attorney's chamber, the withdrawal or the revocation of a permit, or Liberation or initiation of a complaint procedure or a professional court The patent attorney's chamber or the body responsible for the decision shall be required to do so. The transmission shall not be forwarded to the

1.

the protection-worthy interests of the person concerned would be affected and the information interest of the patent attorney's chamber or of the body responsible for the decision would be in the interest of the person concerned in the event of the transmission of information does not outweigh or

2.

prevent specific statutory use of the system.

Information on the level of backward tax liabilities may be communicated in accordance with Article 30 of the Tax Code for the purpose of preparing the revocation of admission on the grounds of an asset default; the patent attorney's chamber may only use the tax data for the purposes of the (3) If a patent attorney is a member of a professional chamber of another liberal profession within the scope of this law, the patent attorney's chamber may provide personal data on the patent attorney to the , to the extent that knowledge of the information is available is required for the purpose of carrying out the tasks of the other Chamber of Appeal in connection with the admission to the profession or the initiation of a complaint procedure or a professional judicial procedure. The second sentence of paragraph 2 shall apply accordingly. Unofficial table of contents

§ § 35 to 38 (omitted)

Part Three
The rights and obligations of the patent attorney and the professional cooperation of the patent attorneys

First section
General

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§ 39 General obligation to work

The patent attorney has to exercise his profession conscientiously. It shall be worthy of consideration within and outside the profession of respect and trust which requires the position of the patent attorney. Unofficial table of contents

Section 39a Basic obligations of the patent attorney

(1) The patent attorney must not enter into any ties which endanger his professional independence. (2) The patent attorney is obliged to secrecy. This obligation relates to everything that has become known to him in the exercise of his profession. This does not apply to facts which are obvious or which do not require secrecy in importance. (3) The patent attorney must not be unobjectively acting in his professional practice. In particular, there is an indisputable behaviour which is the deliberate dissemination of untruths or such degrading statements, to which other parties or the conduct of the proceedings have not given rise. (4) The patent attorney shall not represent any conflicting interests. (5) The patent attorney shall be obliged to take the necessary care in the treatment of the assets entrusted to him. Foreign funds are to be forwarded immediately to the person entitled to receive the payment or to pay for another account. (6) The patent attorney is obliged to continue to form. Unofficial table of contents

§ 39b Advertising

Advertising is only permitted to the patent attorney, insofar as it is informed about the professional activity in terms of form and content factually and is not directed to the issue of an order in individual cases. Unofficial table of contents

Section 40 Notification of rejection of an order

The patent attorney who is to be used in his profession and does not wish to accept the contract must declare the rejection immediately. He has to replace the damage that arises from a culpable delay of this declaration. Unofficial table of contents

Section 41 Swing of professional activity

(1) The patent attorney may not act:

1.

if he has already acted in the same case as a judge, arbitrator or a public service member;

2.

if he has already been involved in the same matter outside his patent attorney's activity or any other activity within the meaning of Section 52a (1), first sentence, with the same matter, or with a comparable technical or technical nature, the subject of scientific or technical matters, whether business or professional; this shall not apply if the professional activity has ended.

(2) The patent attorney shall be prohibited from acting on the same matter or in any such matter relating to a comparable technical or scientific object or fact with which he has already been referred to as a patent attorney, (3) The prohibitions referred to in paragraphs 1 and 2 shall also apply to those with the patent attorney in law or in other parts of the patent. (3) The way in which Community vocational training is carried out or read out Patent attorneys and members of other professions, and also to the extent referred to in paragraphs 1 and 2 above. Unofficial table of contents

§ 41a Patent attorneys in permanent employment relationships

(1) The patent attorney may not, in his/her own courts, arbitral tribunals or authorities, in his/her own courts, arbitral tribunals or authorities, for a contracting entity to which he has to make available his working time and power on the basis of a permanent service or similar employment relationship. Acting as a patent attorney. (2) The patent attorney may not act:

1.

if, as an other adviser who pursues an activity in the field of industrial property rights in a permanent service or similar employment relationship, he has already taken action on the same matter or in such a matter which: provides a technical or scientific understanding of the area of work with which he or she is engaged as a consultant in a permanent service or employment relationship, unless there is a common interest or the professional Activity has ended;

2.

other adviser who, in a permanent service or similar employment relationship, pursues an activity in the field of industrial property protection if he has already been involved in the matter as a patent attorney with the same matter or who has been employed as a patent attorney with the same matter; or a technical or scientific value for the work area of an adjudicating entity for which he is a patent attorney, unless there is a common interest.

(3) The prohibitions referred to in paragraph 2 shall also apply to patent attorneys and members of other professions connected or connected with the patent attorney in law or in any other way to the Community profession, and also to the extent of one of the patent attorneys is referred to in paragraphs 1 and 2. Unofficial table of contents

§ 42 Patent Attorneys in the Civil Service

(1) Patent attorneys used as judges or civil servants without being appointed for life, who are appointed to the duty of a soldier on a temporary basis or who are temporarily employed as employees in the civil service, may not exercise their profession as a patent attorney, unless they perform the duties assigned to them on a voluntary basis. The patent attorney's chamber may, however, appoint a representative to the patent attorney on his application or allow him to exercise his/her profession even if the interests of the administration of justice are not endangered thereby. (2) A patent attorney is a defendant. The Patent Attorney's Chamber may appoint a representative on his request. (3) The patent attorney's chamber may not be appointed as a patent attorney in accordance with the rules governing the office. (dropped) Unofficial table of contents

Section 43 obligation to take over the representation

(1) The patent attorney must:

1.

in the proceedings before the Patent Office, the Patent Court and the Federal Court of Justice, take over the representation of a party if he/she is to be represented on the basis of Section 133 (1) of the Patent Law, Section 21 (2) of the German Utility Model Act, Section 24 of the Design Act or Section 11 (2) of the Semiconductor Protection Act, for the purpose of the temporary free exercise of its rights;

2.

in the court proceedings which have the object of litigation pursuant to Article 4 (1) and (2) of this Act, the advising of the party and the support of its lawyer if he/she is the party pursuant to Section 1 of the Law on the It is attached to patent attorates in the case of legal aid.

(2) The patent attorney may request that the appellate be repealed if there are important reasons for doing so. (3) The patent attorney is obliged to cooperate with institutions of the Patent Attorney's Chamber for the advice of low-income persons seeking legal rights. He can refuse to participate on a case-by-case basis for an important reason. Unofficial table of contents

§ 43a Remuneration

(1) The delivery and receipt of a part of the fees or other benefits for the placement of orders, whether in relation to a patent attorney or third party of any kind, is inadmissible. However, it is permissible to reward the co-operating activities of another patent attorney adequately. The remuneration of the services shall be borne by the responsibility and liability of the patent attorneys involved and in the other circumstances. The agreement of such a fee may not be made on the basis of a mandate to grant the mandate. A number of patent attorneys may jointly process an order and share the fees in an appropriate relationship with the performance of the responsibility and liability risk. (2) The assignment of remuneration claims or the transfer of their confiscation to patent attorneys, lawyers or legal professional training communities (§ 52a, § 59a of the Federal Lawyers ' Code) is admissible. In addition, assignment or transfer is only permitted if an explicit written consent of the client is available or the claim has been legally established. Before the consent is given, the client must be informed of the information requirements of the patent attorney with regard to the new creditor or the confisable authority. The new creditor or confiscal authority is obliged to secrecy in the same way as the patent attorney responsible. Unofficial table of contents

§ 43b Success Onorar

(1) agreements which make a remuneration or their amount dependent on the outcome of the case or on the success of the lawyer's activity, or according to which the patent attorney receives a portion of the first amount as an honorary fee (success story), shall be inadmissible unless otherwise specified below. Agreements by which the patent attorney undertakes to bear the legal costs, administrative costs or costs of other parties are inadmissible. (2) A success story may only be agreed for the individual case and only if the The agreement would require the text to be agreed upon by the contracting authorities on the basis of their economic circumstances, if contemplated without the agreement of a success story. (3) It must be designated as a remuneration agreement or in a comparable manner, be clearly offset by other agreements with the exception of the placing of the order, and must not be included in the power of atonation. The agreement must include:

1.

the remuneration independent of performance, to which the patent attorney would be prepared to take over the contract, and

2.

the indication of the amount of remuneration to be earned on the entry of which conditions.

(4) The agreement shall also indicate the main reasons which determine the assessment of the success rate. It should also be made clear that the agreement does not affect the legal costs, administrative costs and the costs of other parties to be reimbured by the contracting entity. (5) From a A remuneration agreement which does not comply with the requirements set out in paragraphs 2 and 3 shall not receive the patent attorney higher than a remuneration determined in accordance with the provisions of civil law. The provisions of the civil law on unjustified enrichment remain unaffected. Unofficial table of contents

Section 44 Handfiles of the patent attorney

(1) The patent attorney must be able to give an orderly picture of the activity he has developed. (2) The patent attorney must keep the hand files for a period of five years after the end of the order. However, this obligation shall cease even before the end of this period if the patent attorney has requested the contracting authority to receive the acts of the hand and the contracting authority shall within six months, after having received the request, of the person concerned. (3) The patent attorney may refuse his client the handout of the file until he is satisfied due to his fees and outstanding payments. This shall not apply in so far as the pre-abstention of the acts or individual documents would be inappropriate in the circumstances. (4) Handfiles within the meaning of paragraphs 2 and 3 of this provision are only the documents which the patent attorney has made on the occasion of his (5) Paragraph 4 shall not apply, however, to the exchange of letters between the patent attorney and his contracting authority and the documents which he has already received in the original or transcript. (5) as far as the patent attorney for the conduct of electronic files of the electronic Data processing. Unofficial table of contents

§ 45 Professional indemnity insurance

(1) The patent attorney is obliged to take out professional indemnity insurance to cover the risks of liability arising out of his/her professional activity for property damage and to cover the insurance during the period of his/her admission to maintain. In the case of an insurance undertaking authorised to operate in the territory of the country, insurance must be taken into account in relation to the general insurance conditions laid down in accordance with the provisions of the Insurance Supervision Act and shall also apply to Property damage for which the patent attorney has to stand in accordance with § 278 or § 831 of the Civil Code. (2) The insurance contract has to grant insurance cover for each individual breach of duty, the legal Liability claims could result in private-law content against the patent attorney; It may be agreed that all breaches of duty in the event of a single contract may be based on the behaviour of the patent attorney or of an auxiliary person employed by him, as an insurance case. (3) the insurance can be excluded from the liability:

1.

for compensation claims for blurer breach of duty,

2.

for replacement claims arising from activities relating to law firms or offices established or maintained in other States;

3.

for replacement claims arising from activities relating to advice and employment with non-European law,

4.

in the case of replacement claims arising from the activities of the patent attorney before the non-European courts,

5.

for compensation claims for embezzlement by personnel, family members or persons of the patent attorney.

(4) The minimum insurance sum shall be EUR 250,000 for each insurance case. The benefits of the insurer for all damage caused within one year of insurance may be limited to four times the amount of the minimum amount of insurance. (5) The agreement of a deductible up to 1 per cent of the total amount of the insurance. Minimum amount of insurance is allowed. (6) In the insurance contract, the insurer is to be obliged to the patent attorney's chamber the beginning and termination or termination of the insurance contract as well as any change of the insurance contract that the insurer , without delay, . The Patent Attorney's Chamber grants third parties to claim compensation claims on request for information on the name and address of the patent attorney's professional indemnity insurance as well as the insurance number, insofar as the patent attorney is not (7) In the sense of Section 117 (2) of the Insurance Contracts Act (Insurance Contract Law), the following shall be deemed to have been granted to the Patent Attorney's Office. Patentanwaltskammer. (8) The Federal Ministry of Justice is authorized to Regulation, with the consent of the Bundesrat, after consulting the Patent Bar Association, to set the minimum amount of insurance in a different way if it is necessary in order to ensure adequate protection of the economic situation in the event of a change in the economic situation of the (9) Admission to the Patent Attorney's Office following the passing of the aptitude test in accordance with the law on the aptitude test for admission to the Patent Attorney's Office, § 7 (1) and (2) of the Act on the Activity of the Patent Attorney European lawyers in Germany accordingly. The competent body is the patent attorney's chamber. Section 21 (2) no. 10 shall remain unaffected. Unofficial table of contents

§ 45a Professional indemnity insurance of a partnership company with a limited professional liability

(1) The professional indemnity insurance of a partnership company with a limited professional liability (Article 8 (4) of the Partnership Company Law) must cover the liability risks for property damage arising from the provision of advice and Representation in legal matters within the meaning of § 3 (2) and (3). § 45 (1), second sentence, (2), (3) (2) to (5) and (5) to (7) shall apply accordingly. (2) The minimum amount of insurance shall be EUR 2 500 000 for each insurance case. The insurer's services for all damage caused within an insurance year may be limited to the amount of the minimum insurance sum, multiplied by the number of partners. However, the maximum annual output for all damage caused in one year of insurance must be at least four times the amount of the minimum sum insured. (3) The Federal Ministry of Justice is authorized to do so by means of a legal regulation , with the consent of the Bundesrat, after consulting the Patent Bar Association, to fix the minimum amount of insurance in a different way if it is necessary in order to ensure that the injured parties are adequately protected in the event of a change in the economic situation to ensure. Unofficial table of contents

Section 45b Contractual limitation of replacement claims

(1) The claim of the client from the contractual relationship existing between him and the patent attorney for the replacement of a negligently caused damage can be limited:

1.

by written agreement in individual cases up to the amount of the minimum insurance sum;

2.

by pre-formulated contractual terms and conditions for cases of simple negligence, to the four-fold amount of the minimum insurance sum, if so far as insurance cover exists.

In the case of professional training groups, the first sentence shall apply. (2) The members of a law firm shall be liable as the total debtor from the contractual relationship between the person and the client. Personal liability for damages may also be limited by pre-formulated contractual terms and conditions to individual members of a law firm who process the mandate within the framework of their own professional powers and designate by name . The declaration of consent for such a restriction shall not contain any other declarations and must be signed by the contracting authority. Unofficial table of contents

Section 46 Order of a general representative

(1) The patent attorney must ensure that he is represented,

1.

if he is prevented from exercising his profession for more than two weeks;

2.

if he wants to move away from his law firm for more than two weeks.

(2) The patent attorney may order the representative himself if the representative is taken over by a patent attorney or attorney. A representative may also be appointed from the outset for all the cases of prevention that may occur during a calendar year. In other cases, a representative may only be appointed by the patent attorney's chamber at the request of the patent attorney. (3) (omitted) (4) The patent attorney's chamber shall transfer the representation to a patent attorney or attorney. She may also appoint a patent tassman or an applicant who has been involved in training for at least eighteen months. (5) In the cases referred to in paragraph 1, the patent attorney's chamber may appoint the representative of its own motion if the patent attorney fails to take a measure pursuant to the first sentence of paragraph 2 or the appointment of a representative in accordance with the provisions of the first sentence of paragraph 2. Paragraph 2, sentence 3. However, the representative shall not be appointed until the patent attorney has previously been requested to appoint the representative himself or to submit an application pursuant to the third sentence of paragraph 2, and the time limit set for this purpose has been passed fruitlessly. The patent attorney who is appointed by the office as a representative can only oppose the representation for one important reason. (6) The patent attorney has to indicate the appointment of the representative in the cases of the first sentence of the patent attorney's chamber. (7) (8) The order may be revoked. (9) The representative shall act on his own responsibility, but in the interest, on behalf of the representative and at the expense of the representative. § § 666, 667 and 670 of the Civil Code shall apply mutatis. (10) The representative ordered by the Office shall be entitled to enter the office premises and shall be entitled to the objects belonging to the Registry, including those of the patent attorney's office. To take possession of, request and dispose of under-custody of the Treugutes. He is not bound by the representatives of the representative. The representative may not interfere with the activity of the representative. He has to pay the representative appointed by the Office of the Office an appropriate remuneration for which security is to be provided, if the circumstances so require. If the parties are unable to agree on the amount of the remuneration or on the security or if the security due is not provided, the Board of Directors of the Patent Bar Association shall, at the request of the representative or of the representative, pay the remuneration. . The representative shall be entitled to withdraw advance payments to the agreed or fixed remuneration. The patent attorney's chamber is liable for the fixed remuneration, such as a guarantor. Unofficial table of contents

§ 47 (omitted)

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Section 48 Order of a registrar of the law firm

(1) If a patent attorney has died, the patent attorney's chamber may order a patent attorney or a patent attorney to the unwinder of the law firm. § 14 shall apply accordingly. The unwinder is usually no longer than to be ordered for the duration of one year. At the request of the developer, the order shall be extended, at most by one year, if it is credible that pending matters have not yet been brought to an end. (2) It is the responsibility of the winder to have the suspended matters unwinding. He will continue the ongoing work orders; within the first six months, he will also be entitled to accept new orders. He was granted the patent attorney's powers, which the deceased patent attorney had. The unwinder shall be deemed to be authorized by the party for the pending matters, provided that the party has not provided for the exercise of its rights in another manner. (3) § 46 (5) sentence 3, (9) and (10) shall apply mutagenously. The unwinder is entitled, however, except in the context of a cost-fixing process, not obliged to make claims for the costs of the deceased patent attorney in his own name for the account of the heirs. (4) The order may be revoked (5) An unwinder may also be appointed for the firm of a former patent attorney whose admission to the patent attorney's office has been obtained. Unofficial table of contents

Section 49 Special duties with regard to the Board of the Patent Bar Association

(1) In matters of supervisory and appeal law, the patent attorney has to provide information to the board of the patent attorney's chamber or to a commissioned member of the board of directors, and, on request, to submit his or her hand files or to the board of directors or to the officer responsible for the Member to appear. This does not apply if and to the extent that the patent attorney thereby violates his obligation to secrecy or, by truthful replying or presentation of his or her hand-held files, would be liable for the risk of a criminal offence, of a to be persecuted or to be subject to an infringement of a professional nature and to be invoked. The patent attorney must be informed of the right to refuse to provide information. (2) In conciliation proceedings of the Patent Attorney's Chamber, the patent attorney has, on request, before the board of the patent attorney's chamber or a commissioned member of the board of directors. appear. The publication is to be arranged if the Board of Management or the responsible Executive Board member comes to the conclusion after consideration that an agreement can be fostered by this. (3) The patent attorney has the board of the patent attorney's chamber display immediately,

1.

that it enters into employment, or that there is a substantial change in an existing employment relationship,

2.

that it is permanently or temporarily used as a judge, civil servant, professional soldier or soldier on a temporary basis,

3.

He shall hold a public office within the meaning of section 42 (2).

The Board of Directors of the Patent Bar Association shall, upon request, submit the documents relating to an employment relationship. Unofficial table of contents

§ 50 Penalty payment in the event of a breach of special obligations

(1) In order to hold a patent attorney for the performance of his duties in accordance with § 49, the Board of Directors of the Patent Attorney's Chamber may impose penalty payments against him, including on repeated painting. The individual penalty payment may not exceed one thousand euros. (2) The penalty payment must be threatened in writing beforehand by the board of directors or the president. The threat and the determination of the penalty are to be granted to the patent attorney. (3) The patent attorney may, within one month after service, object to the decision of the regional court against the threat and against the fixing of the penalty. 85). The application must be submitted in writing to the Board of Directors of the Patent Bar Association. If the Board of Management deems the application to be justified, it shall remedy it; otherwise, the request shall be submitted immediately to the District Court. Moreover, the provisions of the Code of Criminal Procedure relating to the appeal shall be applied in accordance with the applicable rules. The statement of the general public (§ 308 (1) of the Code of Criminal Procedure) is issued by the Board of Directors of the Patent Bar Association. The public prosecutor's office is not involved in the proceedings. The decision of the Regional Court cannot be challenged. (4) The Forced Money flows to the Patent Bar Association. On the basis of a certified copy of the letter of formal notice issued by the Treasurer and provided with the certificate of enforceability, it shall be attached in accordance with the rules governing the enforcement of judgments in civil Legal disputes shall apply. Unofficial table of contents

Section 51 Insight into the personnel files

(1) The patent attorney shall have the right to inspect the personnel files held on him. (2) The patent attorney may exercise the right of access to his personal files only in person or through an authorized patent attorney or attorney. (3) In the case of The patent attorney or the representative authorised by him may make a record of the contents of the files or copies of individual documents. Unofficial table of contents

Section 52 Training of applicants for the Patent Attorney's Office

The patent attorney has to instruct the applicant, who is employed for his training, in the duties of the patent attorney to give him the opportunity to carry out practical work and to give him the opportunity to carry out his studies (§ 7 para. 4). (2) to be granted. It is intended to assist the applicant in carrying out an apprenticeship at a court for patent litigation. Unofficial table of contents

Section 52a Professional cooperation

(1) Patent attorneys may have members of the Patent Attorneys ' Chamber and a Chamber of Lawyers, tax advisers, tax agents, accountants and sworn accountants for the purposes of Community professional practice within the framework of their own -combine professional powers. The connection with lawyers, who are also notaries, is governed by the provisions and requirements of the notarial professional law. (2) A Community professional exercise is also permitted by patent attorates:

1.

with relatives of patent attorneys from Member States of the European Union or other States which are entitled under Section 154a to establish themselves within the scope of this Act and to maintain their law firm abroad,

2.

with lawyers, tax advisors, tax advisers, accountants or sworn accountants of other states, who are involved in the training and the powers of the professions in accordance with the Federal Law of the Law, the Tax Consultation Act, or the profession of accountant, and with lawyers, tax advisers, tax agents, accountants or sworn accountants within the scope of this law may exercise their profession in a Community-based way.

(3) In the case of office communities, paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

§ 52b Record competence

(1) The Assembly of the Chamber shall determine the professional rights and obligations of the Assembly in a professional order. (2) The rules of the profession may lay down in more detail within the framework of the provisions of this Act:

1.

general professional duties and basic duties;

a)

Conscientiousness,

b)

the maintenance of independence,

c)

Secrecy,

d)

objectivity,

e)

Prohibition of representation of conflicting interests,

f)

Dealing with foreign assets,

g)

registral's liability;

2.

special professional obligations in connection with advertising;

3.

special professional duties in connection with the failure to pursue professional activities;

4.

the special professional duties

a)

in connection with the acceptance, perception and termination of a contract,

b)

for legal-seekers in the context of advisory and legal aid,

c)

advising people with low incomes,

d)

in the management of the acts of the hand;

5.

special professional duties in relation to courts and authorities,

a)

Obligations arising from the use of files made available for inspection and the knowledge obtained therefrom,

b)

Obligations in respect of deliveries,

c)

-carrying the professional criminal record;

6.

the special professional duties in connection with the agreement and settlement of the remuneration and the recovery thereof;

7.

the special professional duties to the Patent Bar Association in matters of supervision, professional conduct vis-à-vis other members of the Patent Bar Association, the duties of professional cooperation, and the obligations relating to training and employment of other staff;

8.

the special professional duties in cross-border legal transactions.

Second section
Patentanwaltssocieties

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Section 52c Admission as a patent attorney company, participation in professional associations

(1) Companies with limited liability, the object of which is the advice and representation in legal matters within the meaning of § 3 (2) and (3), may be admitted as patent attorney companies. (2) The participation of It is inadmissible for patent attorneys to take part in mergers with a view to the Community's professional practice. Unofficial table of contents

§ 52d Admission requirements

The authorisation shall be granted if:

1.

the company meets the requirements of § § 52c, 52e and 52f;

2.

the company is not in an infestation with property;

3.

the conclusion of professional indemnity insurance (§ 52j) has been proven or a provisional statement of cover is available.

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§ 52e Shareholder

(1) Shareholders of a patent attorney's company may only be members of the patent attorney's chamber, lawyers, members of the professions and lawyers of other states referred to in § 52a (2) No. 1 in the sense of Section 52a (2) No. 2. You have to work professionally in the patent attorney company. Section 52a (1) sentence 2 shall apply accordingly. (2) The majority of the shares and of the voting rights must be granted to patent attorates. If shareholders are not entitled to exercise a profession referred to in paragraph 1, they do not have the right to vote. (3) Shares in the patent attorney's company may not be held for the account of third parties and third parties shall not be entitled to profit from the (4) Shareholders may only authorize shareholders who are members of the same profession or patent attorneys for the exercise of shareholder rights.

Footnote

§ 52e para. 2 sentence 1: In accordance with the decision formula with Art. 12 para. 1 GG (100-1) incompatible and void gem. BVerfGE v. 14.1.2014 I 111-1 BvR 2998/11, 1 BvR 236/12- Unofficial table of contents

§ 52f Management Board

(1) The patent attorney's company must be held responsible by patent attorates. The managing directors must be a majority of patent attorneys. (2) Managing Directors can only be who is entitled to exercise a profession referred to in § 52e Para. 1 sentence 1. (3) On Prokurists and acting agents for the entire business operations (4) The independence of the patent attorneys, the managing directors or the third paragraph of paragraph 3, is to be guaranteed in the exercise of their patent attorneys ' profession. Any influence of the shareholders, including by instructions or contractual ties, shall be inadmissible.

Footnote

§ 52f (1) sentence 1: In accordance with the formula of the decision, Article 12 (1) GG (100-1) is incompatible and void. BVerfGE v. 14.1.2014 I 111-1 BvR 2998/11, 1 BvR 236/12- Unofficial table of contents

§ 52g Approval procedure

(1) The application for admission as a patent attorney is to be accompanied by a copy or a publicly certified copy of the social contract. (2) The decision on the application for admission as a patent attorney may be granted shall be suspended if, in the sense of Section 52f, a shareholder or authorised representative is subject to proceedings for the withdrawal or revocation of his/her admission or order, or a temporary ban on professional or representative representation has been adopted. However, the application for admission as a patent attorney is to be decided if it is to be rejected already without prejudice to the outcome of the proceedings referred to in the first sentence. (3) The authorisation procedure must be applied in accordance with Section 18 (1). Unofficial table of contents

§ 52h Ererase of the authorisation

(1) The authorisation shall be issued by the dissolution of the company. (2) The authorisation shall be withdrawn for the future if, after the authorisation, it is found that it should have been refused. Article 21 (1) sentence 2 shall apply accordingly. (3) The authorisation shall be revoked if the patent attorney's company no longer meets the requirements of § § 52c, 52e, 52f, 52i and 52j, unless the patent attorney company is within a reasonable period of time to be determined by the patent attorney's chamber shall bring about the state corresponding to the law. In the event of a continuation of the conditions set out in § 52e (1) and (2) as a result of an inheritance, the period shall be at least one year. The period shall begin with the entry of the inheritance. (4) The authorisation shall also be revoked if:

1.

the patent attorney's company has waived the rights of the patent attorney's chamber to be granted in writing;

2.

the patent attorney's company has fallen into an asset, unless it does not endanger the interests of the right-holders.

(5) In the event of withdrawal and revocation of the authorisation, Section 21 (4) shall apply accordingly. (6) If the company has lost its admission, an unwinder may be appointed for it if the persons appointed to represent the legal representation do not have sufficient Guarantee for the proper handling of the suspended matters. § 48 shall apply accordingly. The shareholders shall be liable as a total debtor for the fixed remuneration of the unwinder. Section 46 (10) sentence 7 shall remain unaffected. Unofficial table of contents

§ 52i Law Firm

The patent attorneys-at-law firm must have a firm at its head office, in which at least one managing patent attorney is responsible, for which the firm is the centre of his professional activity. If the registered office of the company is transferred, the patent attorney's chamber shall be notified immediately. § 27 shall remain unaffected. Unofficial table of contents

§ 52j professional indemnity insurance

(1) The patent attorney company is obliged to take out professional indemnity insurance and to maintain the insurance during the period of its admission; § 45 (1), (2), 3 (2) to (5) and (5) to (5) to (7) shall be (2) The minimum insurance sum shall be EUR 2 500 000 for each insurance case. The insurer ' s benefits for all damage caused within an insurance year may be based on the amount of the minimum insurance sum, multiplied by the number of members and the directors who are not members, are limited. However, the maximum annual output for all damage caused in an insurance year must be at least four times the amount of the minimum insurance sum. (3) The Federal Ministry of Justice shall be authorized to enter into force by means of a legal regulation Approval by the Bundesrat, after consulting the Patent Bar Association, to set the minimum amount of insurance in a different way if it is necessary in order to ensure that the injured parties are adequately protected in the event of a change in the economic situation (4) If the professional indemnity insurance is not or not , in addition to the company, the shareholders and the managing directors shall be liable in person at the level of the missing insurance cover. Unofficial table of contents

§ 52k Company

(1) The company of the company must contain the name "Patentanwaltsgesellschaft". (2) Other than approved patent attorney companies may not lead the name "Patentanwaltsgesellschaft" (patent attorney). Professional associations which have already led the name "Patentanwaltsgesellschaft" on their behalf on 1 March 1999 and have added a reference to the legal form may continue such a designation. Unofficial table of contents

Section 52l Representation before the courts and authorities

The patent attorney's company may be entrusted with the task of acting as a process or a procedural representative. In doing so, it has the rights and obligations of a patent attorney. It acts through its bodies and representatives, in whose person the conditions laid down by law for the provision of legally concerned services must be available in individual cases. Unofficial table of contents

Section 52m Obligations to take part, applicable regulations, obligation to comply with the obligation to be enforced

(1) The patent attorney's company has any change in the social contract, the shareholder or in the person according to § 52f representative as well as the establishment or dissolution of branches of the patent attorney's chamber under To immediately notify a publicly certified copy of the respective document. If the change is entered in the commercial register, a certified copy of the registration is to be given. (2) For patent attorney companies, the provisions of the second part of the second part, § § 39 to 40, 43 to 44, 45b, apply analogously to the provisions of the second section of the German Patent Application. (3) The shareholders and the members of the supervisory bodies of the patent attorney general provided for by the law or the social contract shall be the members of the patent attorney general. Secrecy obligated.

Fourth part
The patent attorney's chamber

First section
General

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Section 53 Composition, legal status and seat of the patent attorney's chamber

(1) The patent attorneys and the patent attorneys general form a patent attorneys ' chamber. Furthermore, members of the patent attorney's chamber are the managing directors of patent attorneys, unless they are patent attorneys or professionals within the meaning of § 154a. (2) The Patent Attorneys ' Chamber is a federal body of the patent attorney's office. public law. Its seat shall be determined by the statutes. Unofficial table of contents

Section 54 Tasks of the patent attorney's chamber

The patent attorney's chamber has the task of safeguarding and promoting the interests of the profession as well as monitoring the observance of the professional duties. Unofficial table of contents

Section 55 Institutions

The institutions of the Patent Bar Association are:

1.

the Management Board,

2.

the Assembly of the Chamber.

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§ 56 Statute

The organisation and administration of the patent attorney's chamber shall be governed by the statutes, in so far as this law does not contain any provisions. The statutes and their amendments are subject to the approval of the Federal Ministry of Justice in order to ensure their effectiveness. Unofficial table of contents

§ 57 State supervision

The President of the Patent Office is responsible for the state supervision of the Patent Bar Association. The supervision shall be limited to compliance with the law and the statutes, in particular the duties assigned to the patent attorney's chamber.

Second section
The organs of the patent attorney's chamber

1.
The Executive Board

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Section 58 Composition of the Executive Board

(1) The Board of Directors of the Patent Bar Association consists of seven members. The Articles of Association may set a higher number. (2) The members of the Executive Board shall be elected by the Assembly of the Chamber. (3) The Board shall adopt its rules of procedure. Unofficial table of contents

Section 59 Conditions of eligibility

The member of the Executive Board can only be elected

1.

Member of the patent attorney's chamber and

2.

the profession of a patent attorney without interruption for at least five years.

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Section 60 Exclusion of eligibility

A patent attorney cannot be elected as a member of the Executive Board,

1.

is subject to a professional procedure or a prohibition of professional or professional representation;

2.

is subject to public action in respect of an offence which may result in the inability to hold public office;

3.

a reference or a fine has been imposed over the last five years, or has been recognised in the last fifteen years for exclusion from the patent attorney's office or from the legal profession.

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Section 61 Right to reject the election

The election as a member of the Executive Board may refuse;

1.

the person who has completed the sixty-fifth year of life;

2.

who has been a member of the Executive Board in the last four years;

3.

who, for health reasons, may not only temporarily carry out the activities on the Board of Management properly.

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Section 62 Electoral period

(1) The members of the Executive Board shall be elected for a period of four years. The re-election is admissible. (2) Half of the members leave every two years, with an odd number for the first time the larger number. The members leaving for the first time shall be determined by lot. (3) If the number of members of the Executive Board is increased, the newly entering members who are leaving the second year shall be replaced by the second sentence of paragraph 2, (4) If the election which is required on the basis of the increase in the number of members of the Board of Management shall be held simultaneously with a new election, both elections shall be made separately. Unofficial table of contents

Section 63 Premature departure of a member of the Executive Board

(1) A patent attorney fails to act as a member of the Board of Management;

1.

if he is no longer a member of the patent attorney's chamber or loses his eligibility for the reasons specified in § 60 No 3;

2.

when he puts his office down.

(2) The patent attorney has the declaration that he will lay down the office in writing to the board of directors. The declaration cannot be revoked. (3) If a member fails prematurely, a new member shall be elected for the remainder of his term of office in the next Assembly of the Chamber. The Assembly of the Chamber may depart from the replacement number if the number of members of the board does not fall below seven and if the remainder of the term of office of the member of the board would not be more than one year. (4) If a member of the Executive Board has filed a public action within the meaning of Section 60 (2) or commenced a professional procedure, his membership shall rest on the board until the proceedings have been completed. If a ban on professional or representation has been imposed, the membership shall be suspended for the duration of the membership. Unofficial table of contents

Section 64 Election of the President, the Secretary of the Treasurer and the Treasurer

(1) The Board of Directors shall elect a President and a Vice-President, as well as a writer and his representative; he may also elect a treasurer and his representative. (2) The election shall be held soon after each ordinary election of the Board of management. If a member of the Board of Management fails prematurely from a post referred to in paragraph 1, another member of the Board of Management shall be elected to this office for the remainder of his term of office within three months. Unofficial table of contents

Section 65 Meetings of the Executive Board

(1) The Executive Board shall be convened by the President. (2) The President shall convene a meeting if three members of the Board of Management apply for it in writing, indicating the subject-matter to be dealt with. (3) The details of the Rules of procedure of the Executive Board. Unofficial table of contents

Section 66 Decision-making capacity of the Executive Board

The Board of Management shall be quorum if at least half of its members are present or take part in a written vote. Unofficial table of contents

Section 67 Decisions of the Executive Board

(1) The decisions of the Executive Board shall be taken with a simple majority of votes. The same applies to the elections to be held by the Management Board. In the event of a tie, the vote of the chairman shall be the result of the vote and the lot shall be decided upon in elections. (2) A member shall not be allowed to vote in his own affairs. However, this does not apply to elections. (3) Decisions of the Executive Board and the results of elections shall include a protocol to be signed by the Chairman and the Secretary of the Secretary. (4) Decisions of the Executive Board may be taken in if no member of the board contradicts the written vote. Unofficial table of contents

Section 68 Departments of the Executive Board

(1) The Management Board may form several departments if the Articles of Association permit it. It transfers to the departments the business which they carry out independently. (2) Each department must consist of at least three members of the Board of Management. The members of the department select from their ranks a department chairman, a department secretary and their substitutes. (3) Before the beginning of the calendar year, the board sets the number of departments and their members fixed, transfers the departments of the business and determines the members of the individual departments. Each member of the Executive Board may belong to several departments. The orders can only be changed in the course of the year if this is required due to overloading of the department or due to change or permanent prevention of individual members of the department. (4) The board of directors may be the departments (5) The departments shall have the rights and duties of the Management Board within their jurisdiction. (6) In place of the Division, the Management Board shall decide if it deems it appropriate or if the department or its chairman requests it. Unofficial table of contents

Section 69 Tasks of the Executive Board

(1) The Board of Management shall perform the tasks assigned to it by law and by statute. He is also responsible for the tasks and powers conferred on the Patent Bar Association in this Act. It has to protect and promote the interests of the profession. (2) In particular, the Board of Management is responsible for:

1.

advising and lecturing members of the board on matters relating to professional duties;

2.

upon request, to mediate disputes among the members of the Board, including the power to submit proposals for the submission of constions;

3.

upon request, to mediate disputes between the members of the Board and their contracting entities; this shall include the power to submit proposals for submission of disputes;

4.

to monitor the performance of the duties assigned to the members of the Chamber and to handle the right of the complaint;

5.

To propose patent attorneys for the appointment of members of the Chamber and the Senate for patent attorneys (§ 87) and for the appointment of members of the patent attorneys (§ 91);

6.

To take account of the Assembly of the Chamber on the management of assets annually;

7.

To report to the Federal Ministry of Justice, a court or an administrative authority;

8.

to take part in the training of applicants for the Patent Attorney's Office, to coordinate courses of study for the training of applicants in general law with universities and to ensure the necessary number of traineeships in patent attorrents carry on;

9.

to propose the patentanwalal members of the Examination Commission (§ 9).

(3) In appeal proceedings, the Board of Management informs the complainant of its decision. The notification shall be made after the conclusion of the procedure, including the opposition procedure, and shall be accompanied by a short presentation of the main reasons for the decision. § 71 shall remain unaffected. The communication shall not be challenged. (4) The Executive Board may delegate the tasks referred to in paragraph 2 (1) to (3) and (3) to individual members of the Management Board. (5) For disputes between a member of the patent attorney's chamber and a conciliation procedure shall be initiated by the contracting authority, without the Member's consent being required. A proposal for a resolution shall be binding only if it is adopted by both parties. Unofficial table of contents

Section 69a Administrative authority

(1) The Patent Bar Association is, within the meaning of Section 36 (1) (1) of the Law on Administrative Offences, Administrative Authority for Administrative Offences pursuant to Section 6 of the Services Information Obligations Regulation, which is committed by its members. (2) The fines arising from the punishing of administrative offences referred to in paragraph 1 shall flow into the cash register of the managing authority which has issued the notification of fines. (3) By way of derogation from Article 105 (2) of the Act, the cash register in charge of the payment of fines referred to in paragraph 2 of this Article shall be subject to the provisions of Article 105 (2) of the Act on Irregularities in the necessary outlays. It is also liable for replacement within the meaning of Section 110 (4) of the Law on Administrative Offences. Unofficial table of contents

Section 70 Rülive of the Executive Board

(1) The Board of Management may exercise the conduct of a patent attorney who has infringed the obligations of the patent attorney, if the guilt of the patent attorney is low and an application for the initiation of a professional court procedure is not required appears. § 95 (2) and (3), § 102 (2) and § 103a apply accordingly. (2) The Board of Management may no longer grant a complaint if the professional court proceedings have been initiated against the patent attorney or if more than three years have been passed since the breach of duty have passed. A complaint may not be granted, while the proceedings are pending on the application of the patent attorney in accordance with § 108. (3) Before the complaint is granted, the patent attorney must be heard. (4) The decision of the Board of Management, by which the behaviour of the patent attorney is to be justified. He must be granted to the patent attorney. A copy of the notice is to be sent to the public prosecutor's office (§ 105). (5) The patent attorney may object to the decision within one month of the notification to the board of directors. The Board of Management shall decide on the opposition; paragraph 4 shall apply accordingly. (6) Paragraphs 1 to 5 shall apply accordingly to persons belonging to the Patent Bar Association pursuant to Section 53 (1) sentence 2 of the Patent Bar Association. Unofficial table of contents

Section 70a Application for decision of the Regional Court

(1) If the opposition is rejected by the Board of Appeal of the Patent Attorney's Chamber, the patent attorney may request the decision of the Regional Court (§ 85) within one month of the notification. (2) The application shall be filed with the Land court in writing. The procedure shall apply to the provisions of the Code of Criminal Procedure relating to the appeal. The statement of the general public (§ 308 (1) of the Code of Criminal Procedure) is issued by the Board of Directors of the Patent Bar Association. The public prosecutor's office is not involved in the proceedings. Oral proceedings shall take place if requested by the patent attorney or if the district court deems it necessary. Of the time and place of the oral proceedings, the Board of Directors of the Patent Attorney's Chamber, the patent attorney and his defense counsel must be notified. The nature and extent of the taking of evidence shall determine the court. However, in order to investigate the truth, it has to extend the taking of evidence from its own account to all facts and evidence which are relevant to the decision. (3) § 100 para. 1 is to be applied accordingly. (4) The order of reprimand cannot be taken because the Board of Directors of the Patent Bar Association has wrongly assumed that the guilt of the patent attorney is low and that the application for the initiation of the professional court procedure is not required. If the conditions under which a professional procedure cannot be initiated or continued in accordance with § 102 (2) or § 103a is to be dissected from a professional-court act, only one after the Board of Management the Rüge , the Regional Court shall raise the notice of appeal. The decision shall be accompanied by reasons. It cannot be challenged. (5) The District Court shall immediately notify the Public Prosecutor's Office to the Oberlandesgericht (Higher Regional Court) (§ 105) a copy of the application. The Public Prosecutor's Office shall also be notified of a copy of the decision to be taken on the application. (6) The Public Prosecutor's Office is responsible for the same conduct which the Board of the Patent Attorney's Office has had to say. professional court proceedings against the patent attorney before the decision on the application referred to in paragraph 1 has been taken, the proceedings shall be suspended on the application pending the final conclusion of the professional judicial procedure. In the cases of Section 103 (2), the District Court states, after the termination of the suspension, that the complaint is ineffective. (7) Paragraphs 1 to 6 shall apply accordingly to persons belonging to the Patent Bar Association pursuant to Section 53 (1) sentence 2 of the Patent Bar Association. Unofficial table of contents

Section 71 obligation of board members to secrecy

(1) The members of the Board of Management shall, even after leaving the Board of Management, have secrecy about the matters which are known to them in their activities on the Board of Directors through patent attorneys, candidates and other persons. preserve. The same applies to patent attorneys who are involved in cooperation and to employees of the Patent Attorneys ' Chamber. (2) In court proceedings and before the authorities, the persons referred to in paragraph 1 shall be entitled to take part in such matters as shall be the case in the case of: The Board of Directors of the Patent Attorneys-General of the Patent Attorneys-General (Patentanwaltskammer) of the patent attorneys-at-law of the Patent Attorneys-General (Patentanwaltskammer) of the patent attorneys-general has given its approval to the Board of Directors Discretion. The authorisation shall only be denied if there is a review of the position or tasks of the patent attorney's chamber or the legitimate interests of the persons on which the facts have become known, requiring it to be inextricably required. Section 28 (2) of the Act on the Federal Constitutional Court remains unaffected. Unofficial table of contents

Section 72 honorary activity of the Executive Board

The members of the Management Board shall carry out their duties free of charge. However, they will receive appropriate compensation for the expenses involved in their activities and a travel allowance. Unofficial table of contents

Section 73 Tasks of the President

(1) The President shall represent the Chamber in a judicial and out-of-court order. (2) The President shall communicate the business traffic of the Chamber. (3) The President shall chair the meetings of the Board of Management and the Assembly of the Chamber. (4) The President may, by means of the Articles of Association and the Rules of Procedure, be able to take the lead in the proceedings of the President. of the Board of Management and of the Assembly of the Chamber shall be entrusted with further tasks. Unofficial table of contents

Section 74 Reports on the activities of the Chamber and on election results

(1) The President shall report annually to the Federal Ministry of Justice and to the President of the Patent Office a written report on the activities of the Chamber. (2) The President shall show the outcome of the elections to the Board of Directors, the President and the President of the Board of Directors. Vice-Presidents, the Secretary of the Treasury, the Treasurer, and their representatives as soon as possible to the Federal Ministry of Justice and the President of the Patent Office. The Patent Bar Association makes the results of the elections known for their costs in the Federal Gazette and in the Sheet for Patent, Pattern and Drawing beings. Unofficial table of contents

Section 75 Tasks of the author

The Secretary shall carry out the minutes of the meetings of the Executive Board and of the Assembly of the Chamber. He leads the correspondence of the Executive Board. The President may designate deviant. Unofficial table of contents

Section 76 Tasks of the Treasurer

(1) The treasurer shall administer the assets of the Board in accordance with the instructions of the Executive Board. He is entitled to receive payments. (2) The treasurer supervises the receipt of the contributions. (3) If a treasurer is not elected, the secretary shall have the rights and obligations under paragraphs 1 and 2 as well as § 50 (4) and § 77 (3) (3). 1. Unofficial table of contents

Section 77 recovery of backward contributions

(1) Reactive contributions, levies, fees and levies shall be recovered in accordance with the rules applicable to the execution of the payment by the treasurer, which is accompanied by the certificate of enforceability. (2) Forced execution shall not commenced until two weeks after the completion of the enforceable request for payment. (3) On objections relating to the claim itself, the restrictive effect shall be limited to: The provisions of Section 767 (2) of the Code of Civil Procedure do not apply. In accordance with the value of the object of the dispute, the local court or the district court, in which the debtor has its general place of jurisdiction in the country, shall be responsible for claims made against the claim itself.

2.
The Assembly of the Chamber

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Section 78 convening of the Assembly of the Chamber

(1) The Assembly of the Chamber shall be convened by the President. (2) The President shall convene the Assembly of the Chamber if one-tenth of the members request it in writing, indicating the subject-matter which is dealt with in the Assembly. (3) If the statutes do not determine anything else, the assembly shall meet at the seat of the chamber. Unofficial table of contents

§ 79 Invitation and deadline for appeal

(1) The President shall convene the Assembly of the Chamber in writing or by public invitation in the leaves designated by the Articles of Association. (2) The Assembly shall be at least two weeks before the day on which it is to take place, . The date on which the convocation is sent or published, and the date of meeting of the assembly shall not be included. (3) In urgent cases, the President may convene the Assembly with a shorter time limit. Unofficial table of contents

Section 80 Announcement of the agenda

(1) In the event of the convening of the Assembly of the Chamber, the subject-matter of which decision shall be taken shall be given. (2) No decisions may be taken on items which have not been duly announced in the hearing. Unofficial table of contents

Section 81 Elections and decisions of the Assembly of the Chamber

(1) The conditions under which the Assembly of the Chamber is quorum shall be governed by the statutes. (2) Members may only exercise their right to vote or vote in person. The Articles of Association may stipulate that the Members may exercise their right to vote by an agent or in writing. (3) The decisions of the Assembly of the Chamber shall be taken with a simple majority of votes. The same is true for elections. In the event of a tie, the vote of the chairman shall be the result of the vote, and the lot shall be decided upon in elections. (4) A member shall not be entitled to vote in his own affairs. However, this does not apply to elections. (5) The decisions of the Assembly of the Chamber and on the results of elections shall include a protocol to be signed by the Chairman and the Secretary of the Secretary. Unofficial table of contents

Section 82 Tasks of the Assembly of the Chamber

(1) The Assembly of the Chamber shall carry out the tasks assigned to it by law. It has to discuss occupational matters of general importance to the patent attorney's office. (2) In particular, the Assembly of the Chamber is responsible for:

1.

decide on the professional order (§ 52b (1)) and the statutes;

2.

to elect the Executive Board;

3.

to promote the training of applicants and the professional training of patent attorneys;

4.

determine the amount and maturity of the contribution, the levy, fees and levies;

5.

to create support facilities for patent attorneys and their survivors;

6.

to approve the resources required to cover the costs of Community affairs;

7.

draw up guidelines for the compensation of members of the Management Board and the remuneration of the members of the Executive Board;

8.

to examine the accounts of the Board of Management on the revenue and expenditure of the Chamber and on the management of the assets and to decide on the discharge.

(3) The Assembly of the Chamber shall adopt its rules of procedure. Unofficial table of contents

Section 82a Examination of decisions of the Assembly of the Chamber by the Supervisory Authority

The Articles of Association shall enter into force three months after being forwarded to the Federal Ministry of Justice, unless the Federal Ministry of Justice lifts the statutes or parts thereof.

Third Section
(dropped)

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§ § 83 and 84 (omitted)

Fifth Part
The courts in patent attorrals and the court proceedings in administrative patent attorrents

First section
The District Court and the Higher Regional Court in patent attorrals

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Section 85 Chamber of patent attorrents

(1) For matters which are assigned to the district court in this law, a chamber for patent attorts shall be formed in the district court in whose district the Patent Office has its registered office. (2) The Chamber for Patent Forestry matters shall decide in the occupation with a member of the regional court as a presiding judge and two patent attorates. Unofficial table of contents

§ 86 Senate for patent attorrals in the Higher Regional Court

(1) For matters which are assigned to the Higher Regional Court in this law, a Senate for patent attorney's cases is formed at the Oberlandesgericht (Oberlandesgericht), to whose district the District Court (§ 85) belongs. (2) The Senate for Patent Lawyers decides in the occupation with the chairman, two other members of the Higher Regional Court and two patent attorts. Unofficial table of contents

Section 87 Members of the patent attorrals

(1) The members of the Chamber of Patents and the Senate of Patent Attorneys at the Oberlandesgericht (Oberlandesgericht), which are patent attorneys, are appointed by the Land Justice Administration responsible for the seat of the courts. They are taken from the list of proposals which the Board of Directors of the Patent Bar Association of the State Justice Department ever submits separately for the District Court and the Higher Regional Court. The provincial justice administration determines the number of patent attorneys required; it has previously heard the Board of Directors of the Patent Attorneys ' Association. Each list of proposals must contain at least half more than the required number of patent attorates. (2) The Land Justice Administration may delegate the powers conferred on it under paragraph 1 to a subordinate authority. (3) The patent attorney can only be appointed as a patent attorney who can be elected to the board of the patent attorney's chamber. The members of the patent attorneys may not at the same time

1.

belong to the Board of Directors of the Patent Bar Association,

2.

be active in the patent attoring chamber in the main or secondary profession, or

3.

in another court of the patent attorney's jurisdiction.

(4) The patentanwalal members shall be appointed for a period of five years. They may be re-appointed after the end of their term of office. If a member of the patent attorney fails prematurely, a successor shall be appointed for the remainder of his term of office. (5) § 6 of the Introductory Act to the Law of the Judith Act shall apply accordingly. Unofficial table of contents

Section 88 Legal status of the members of the patent attorneys

(1) The patentanwalal members are honorary judges. In their capacity as honorary judges, they have the position of a professional judge for the duration of their duties. You will receive compensation in accordance with the Justice and Compensation Act. (2) The members of the patent attorneys general have to maintain secrecy against anyone on matters which are known to them in their judicial activity. Section 71 (2) and (3) shall apply accordingly. The President of the General Court, to which the patent attorney is a member, shall issue an authorisation to make a statement. Unofficial table of contents

Section 89 End of the Office of the Patent Attorney-General

(1) The office of a member of the patent attorney's office or of the Senate for patent attorney's affairs ends as soon as the membership in the patent attorney's chamber ends or a circumstance occurs subsequently, which according to § 87 (3) sentence 2 of the nomination , and the Member agrees in each case. The Member and the Patent Bar Association shall immediately inform the competent authority of the appointment and the respective court of the circumstances in accordance with the first sentence of the first sentence. At the request of the competent authority, the termination of the Office shall be established in court if the Member concerned has not agreed to the termination. (2) A patent attorney is at the request of the authority responsible for the appointment of his office as a patent attorney general,

1.

if it is subsequently known that it should not have been designated as a patent attorney-general;

2.

if a circumstance occurs subsequently which is contrary to the appointment as a patentanwalal member;

3.

if the patent attorney grossly violates his or her official duties as a patentanwalder member.

(3) A civil senate of the Oberlandesgericht (Oberlandesgericht), which consists of the Senate for patent attorts, decides on the applications. In the case of the decision, the members of the Senate shall not be allowed to participate in the patent attorrents. Prior to the decision, the patent attorney and the executive board of the patent attorney's chamber are to be heard. The decision shall be final. (4) The authority responsible for the appointment may dismiss a patent attorney on his application from the Office as a patent attorney if, for health reasons, he or she is prevented from taking due time or if he/she is not it is not to be expected, for reasons of personal interest, to continue to carry out his duties.

Second section
The Federal Court of Justice in patent attorrals

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§ 90 Senate for patent attorts in the Federal Court of Justice

(1) For matters which are assigned to the Federal Court of Justice in this law, a Senate for patent attorney's cases is formed in the Federal Court of Justice. (2) The Senate consists of the Chairman as well as two other members of the Federal Court of Justice. Federal Court of Justice and two patent attorates as co-sitters. The President of the Federal Court of Justice of the Federal Court of Justice of the Federal Court of Justice (Bundesgerichtshof) shall be chaired by Judge. (3) The Senate shall apply, in so far as the proceedings are to be applied in accordance with the rules of the Administrative Tribunal, as a civil senate and, where applicable Procedures in accordance with the provisions of the Code of Criminal Procedure shall be deemed to be a criminal senate within the meaning of Section 132 of the Law of the Judith Constitution. Unofficial table of contents

§ 91 Patent Attorneys as a co-sitter

(1) The members of the patent attorneys shall be appointed by the Federal Ministry of Justice. They are taken from the list of proposals that the Board of Directors of the Patent Bar Association submits to the Federal Ministry of Justice. The Federal Ministry of Justice determines the number of patent attorneys that are required by patent attorneys; he has previously heard the Board of Directors of the Patent Attorneys ' Chamber. The list of proposals is to contain at least twice the number of patent attorates. (2) § 87 (3) to (5) shall apply accordingly. The acceptance of the advisory office can be rejected for the reasons cited in § 61. (3) (omitted) Unofficial table of contents

Section 92 Legal status of patent attorneys as a co-sitter

(1) The patent attorneys are honorary judges. They have the position of a professional judge in the sitting to which they are used as a co-sitter. (2) § 88 (1) sentence 3 and (2) shall apply accordingly. Unofficial table of contents

Section 93 Termination of the Office of the Beiseer

(1) Section 89 (1) shall apply for the end of the Office of the Patent Attorney's Office. (2) § 89 (2) and (4) shall apply to the dismissal and dismissal from the Office of the Adviser. (3) A civil Senate shall be decided on the applications. Bundesgerichtshof. In the case of the decision, the members of the Senate shall not be allowed to participate in the patent attorrents. Prior to the decision, the patent attorney and the executive board of the patent attorney's chamber are to be heard. Unofficial table of contents

Section 94 Order of attendance at sittings

Patent attorneys to be appointed shall be drawn up at each meeting in the order of a list drawn up by the Chairman of the Senate after hearing the two oldest patent attorneys appointed to sit before the start of the proceedings. Fiscal year.

Third Section
The court proceedings in administrative patent attorrents

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Section 94a Legal and factual competence

(1) The Oberlandesgericht (Oberlandesgericht) decides on all public-law disputes in accordance with this law, a decree law issued pursuant to this Act or a statute of the patent attorney's chamber, insofar as not the law of the law of the (2) The Federal Court of Justice decides on the appeal of the appeal.

1.

the appeal against judgements of the Senate for patent attorrals in the Higher Regional Court,

2.

the appeal pursuant to Section 17a (4) sentence 4 of the Law of the Judith Constitution.

(3) The Federal Court of Justice shall decide in the first and last instance on lawsuit against decisions taken by the Federal Ministry of Justice or for which it is responsible. Unofficial table of contents

Section 94b Application of the Administrative Court

(1) Where this Act does not contain any divergent provisions relating to the judicial procedure, the rules of the Administrative Tribunal shall apply in accordance with the provisions of the Rules of Procedure. The Oberlandesgericht (Higher Regional Court) is the same as a Higher Administrative Court; § 94d remains unaffected. (2) The provisions of the Administrative Court Rules on the participation of honorary judges as well as the § § 35, 36 and 47 of the Administrative Court Rules are not , The time limits of § 116 (2) and § 117 (4) of the administrative court order amount to five weeks each. (3) Patent attorneys and patent attorneys may represent themselves. (4) The suspensive effect of the appeal proceedings shall end in a different manner from the Section 80b of the Administrative Court of Justice, with the inability of the administrative act to be undisputed. Unofficial table of contents

§ 94c Respondent and representation

(1) The action shall be directed against the patent attorney or authority,

1.

that the Administrative Act has adopted or should have been adopted; whereas, in the case of sovereign measures which adversely affect or implement the professional rights and obligations of the parties concerned, this shall apply mutagenly;

2.

whose resolution is the subject of the procedure.

(2) In proceedings between the President or a Member of the Board of Management and the Patent Bar Association, the Patent Bar Association shall be represented by one of its members, which shall appoint the President of the competent court in particular. Unofficial table of contents

§ 94d appeal

The persons concerned shall be entitled to appeal against final parts, including the partial judgments, basic judgments and interim judgments on admissibility, if they are approved by the Oberlandesgericht or the Federal Court of Justice. For the appeal procedure, the 12th Section of the Administrative Court of Justice applies, with the proviso that the Oberlandesgericht replaces the Administrative Court and the Federal Court of Justice to the authority of the Administrative Court. Unofficial table of contents

§ 94e Clage of elections and decisions

(1) Elections and decisions of the institutions of the Patent Bar Association, with the exception of decisions pursuant to Section 82 (2) (1), may be declared invalid or void if they have been concluded in violation of the law or the statutes or if they have been their content is not compatible with the law or the statutes. (2) The action may be brought by the President of the Patent Office or by a member of the Patent Bar Association. The action of a member of the patent attorney's chamber against a decision shall be admissible only if it asserts that it is infringed by the decision in its rights. (3) A member of the Chamber may request the application only within one month of the election or make decision-making. Unofficial table of contents

§ 94f Legal protection in case of excessive legal proceedings

The provisions of the seventeenth title of the Constitutional Law are to be applied to legal protection in the event of excessive legal proceedings. The provisions of this Act, which govern the occupation of the Senate for patent attorrals by the Higher Regional Court and the Federal Court of Justice, are not applicable.

Sixth Part
The professional-judicial sanctification of breaches of duty

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§ 95 Ahndung of a breach of duty

(1) A professional court measure shall be applied against a patent attorney who is culpably infringing obligations under this Act or in the professional order. (2) A patent attorney's conduct outside the profession, which shall be is an unlawful act or an act which is threatened with a fine is a breach of duty to be punishable by law if, in the circumstances of the individual case, it is particularly suitable, respect and trust of the right-seeking persons in a significant way for the exercise of patent attortion activities (3) A professional court measure cannot be imposed if the patent attorney at the time of the act of the patent attorney's professional jurisdiction did not fall under the jurisdiction of the patent attorney. Unofficial table of contents

Section 96 Vocational judicial measures

(1) Professional judicial measures are:

1.

Warning,

2.

reference,

3.

a fine of up to twenty-five thousand euros;

4.

Exclusive from the patent attorney's office.

(2) The professional judicial measures of the reference and the fine may be imposed side by side. Unofficial table of contents

§ 97 Limitation of the prosecution of a breach of duty

(1) The prosecution of a breach of duty, which does not justify the exclusion from the patent attorney's office, shall be statute-barred in five years. § 78 (1), 78a sentence 1 as well as § § 78b and 78c (1) to (4) of the Criminal Code apply accordingly. (2) If criminal proceedings have been initiated on the same facts before the expiry of the period of limitation, the expiry of the period of limitation shall apply to: the duration of the criminal proceedings is imprised. Unofficial table of contents

§ 97a Rules for Managing Directors of Patent Forestry Companies

The provisions of the sixth and seventh parts as well as § § 148 to 151 shall apply accordingly to persons belonging to the patent attorney's chamber pursuant to § 53 (1) sentence 2. The withdrawal from the Patent Attorney's Office is replaced by the withdrawal of suitability, a patent attorney's company, and the conduct of its business.

Seventh Part
The professional procedure

First section
General

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Section 98 Rules relating to the procedure and legal protection in the event of excessive legal proceedings

(1) The rules set out below shall apply to the professional procedure. In addition, the Law of the Court of Justice and the Code of Criminal Procedure should be applied in accordance with the applicable law. (2) The provisions of the seventeenth title of the Law of the Court of Justice shall apply to the legal protection in the event of excessive legal proceedings. The provisions of this Act, which govern the occupation of the Senate for patent attorrals by the Higher Regional Court and the Federal Court of Justice, are not applicable. Unofficial table of contents

§ 99 No arrests of the patent attorney

The patent attorney may not be provisionally arrested or arrested or presented for the purpose of carrying out the professional judicial procedure. He can't be taken to a psychiatric hospital to prepare an expert opinion on his mental state. Unofficial table of contents

§ 100 Defence

(1) In addition to the persons referred to in § 138 (1) of the Code of Criminal Procedure, patent attorneys may also be elected to defenders in the professional judicial procedure. Patent attorneys general companies cannot be elected as defenders. (2) § 140 (1) Nos. 1 to 3, 6, 7 and 9 of the Code of Criminal Procedure shall not be applied in the professional court proceedings. Unofficial table of contents

Section 101 Document inspection of the patent attorney

The patent attorney is entitled to inspect the files which are available to the court or to be presented to the court in the case of the filing of an accusation, as well as to inspect officially custody of evidence. § 147 (2), first sentence, (3), (5) and (6) of the Code of Criminal Procedure shall be applied accordingly. Unofficial table of contents

Section 102 Relationship of the professional court procedure to the criminal or penal procedure

(1) Where a patent attorney who is accused of a breach of his duties is subject to criminal proceedings in respect of the same conduct, a professional procedure may be initiated against him, however, must be suspended until the end of the criminal proceedings. In the same way, an already initiated professional procedure must be suspended if, during his running, the public action is brought before the criminal court proceedings. The professional procedure must be continued if the determination of the facts is so secured that contradicting decisions are not to be expected, or if, for reasons of criminal proceedings, it cannot be negotiated for reasons which are to be found in the of the person of the patent attorney. (2) If the patent attorney is acquitted in the judicial proceedings for a criminal offence or an administrative offence, the facts which were the subject of the court decision may be subject to the professional procedures shall be initiated or continued only if such proceedings are Facts, without complying with the facts of a penal code or a fine, contain a violation of the obligations of the patent attorney. (3) For the decision in the professional court proceedings, the actual findings of the Binding judgment in criminal proceedings or fine-fines on which the judgment of the Court of First Instance is based. However, in the case of professional judicial proceedings, a court may decide to re-examine such findings, the correctness of which is doubted by its members by a majority of votes; this is the case in the grounds of the Court of First Instance's decision to make a professional judgment. (4) If a professional procedure is continued in accordance with the third sentence of paragraph 1, the resumption of the legally completed professional judicial procedure shall also be allowed if the actual findings on which the sentence or acquitted in the professional court proceedings, contradict the findings in criminal proceedings. The Prosecutor's Office or the Patent Attorney may, within one month of the legal force of the judgment, file a request for a retrial. Unofficial table of contents

Section 102a Relationship between the professional court procedure and the proceedings of other professional jurisdictions

(1) In the case of a breach of duty of a patent attorney, who is also subject to the disciplinary, honing or professional jurisdiction of another profession, a decision shall be taken in the professional court proceedings for patent attorneys, unless the Breach of duty is mainly related to the exercise of the other profession. This does not apply to the exclusion or removal from the other profession. (2) If the Public Prosecutor's Office intends to initiate the professional court proceedings against such a patent attorney, it shall inform the Public Prosecutor's Office or the authority which would be responsible for initiating proceedings against him as a member of the other profession. If the public prosecutor ' s office or the issuing authority responsible for the other profession has the intention to initiate proceedings against the patent attorney, it shall inform the public prosecutor's office of the person responsible for initiating the professional proceedings against the patent attorney (§ 105). (3) If the court of a disciplinary, honestly or professional jurisdiction has previously been legally competent or uncompetent to have jurisdiction over the breach of duty of a patent attorney who is also responsible for the The disciplinary, honours or professional jurisdiction of another profession is subject to (4) Paragraphs 1 to 3 shall not apply to patent attorneys in the public sector who are not allowed to exercise their profession as a patent attorney (§ 42). (5) § 118a of the Federal law and § 110 of the Bundesnotarordnung remain unaffected. Unofficial table of contents

Section 102b Suspension of the professional court procedure

The professional court procedure may be suspended if a question is to be decided in another law-based procedure, the assessment of which is essential for the decision in the professional court proceedings. Unofficial table of contents

Section 103 Rüge and professional court action

(1) The initiation of a professional court proceedings against a patent attorney does not preclude the Board of the Patent Attorney's Chamber having already granted him a complaint for the same conduct (§ 70). If the District Court has annulled the letter of appeal (Section 70a), because it has not established a culpable breach of duty, a professional procedure for the same conduct can only be initiated on the basis of such facts and evidence. which were not known to the Court of First Instance in its decision. (2) The reprimand becomes ineffective with the legal force of a court judgment which, on the grounds of the same conduct against the patent attorney, is not effective and is subject to acquittment or a professional court action. The reprimand shall also be ineffective if the opening of the main proceedings has been rejected in a legally binding manner, because a culpable breach of duty is not to be established. Unofficial table of contents

Section 103a Other-purpose penal

Where a court or authority has imposed a penalty, disciplinary action, professional action or disciplinary measure, it shall be discourted from the same conduct of the same conduct, unless a court or authority has a right to In addition, it is necessary to provide the patent attorney for the performance of his duties and to uphold the reputation of the patent attorney. The exclusion does not preclude a penalty or measure otherwise imposed.

Second section
The procedure in the first legal proceedings

1.
General provisions

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Section 104 Jurisdiction

In the first legal proceedings the district court is responsible for the professional court proceedings. Unofficial table of contents

Section 105 Participation of the Public Prosecutor

The public prosecutor's duties in the proceedings before the district court are carried out by the public prosecutor's office at the Higher Regional Court, where the Senate for patent attorney's cases (§ 86) exists. Unofficial table of contents

§ 105a (omitted)

2.
The initiation of proceedings

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Section 106 Introduction of the professional judicial procedure

The professional court proceedings are initiated by the fact that the Public Prosecutor's Office submits an accusation document to the District Court. Unofficial table of contents

Section 107 Judicial decision on the initiation of proceedings

(1) If the Public Prosecutor's Office does not comply with a request by the Board of the Patent Attorney's Board to initiate the professional proceedings against a patent attorney, or does it have the cessation of the proceedings, the Public Prosecutor's Office shall have its resolution adopted by the (2) The Board of Directors of the Patent Attorney's Chamber may, within one month from the notice of the Public Prosecutor's Office, inform the Court of Appeal of the Court of Appeal of the Court of Appeal. Apply for a decision. The application must state the facts which are intended to justify the initiation of the professional court proceedings and the evidence. (3) The proceedings before the Oberlandesgericht (Oberlandesgericht) shall be subject to the provisions of Sections 173 to 175 of the Code of Criminal Procedure in accordance with (4) § 172 of the Code of Criminal Procedure shall not apply. Unofficial table of contents

Section 108 Application of the patent attorney for the initiation of the professional court proceedings

(1) The patent attorney may apply to the public prosecutor's office to initiate the professional proceedings against him in order to be able to purify himself from the suspicion of a breach of duty. The patent attorney may not submit the application because of a conduct which has been threatened or fixed by default (§ 50) or which has been established by the Board of the Patent Attorney General (§ 70). (2) The Public Prosecutor's Office shall give the application of the In the absence of a patent attorney or a cessation of the proceedings, the patent attorney shall inform the patent attorney, stating the reasons for the proceedings. If a culpable breach of duty is found in the grounds, but the professional court proceedings are not initiated, or if it is disclosed whether there is a culpable breach of duty, the patent attorney at the Higher Regional Court may decide to Request a court decision. The application shall be filed within one month of the notice of the resolution of the Public Prosecutor's Office. (3) The proceedings before the Oberlandesgericht shall apply in accordance with Section 173 (1) and (3) of the Criminal Procedure. The Oberlandesgericht (Oberlandesgericht) decides whether a culpable breach of duty by the patent attorney can be determined. The decision shall be accompanied by reasons. If the Oberlandesgericht considers the patent attorney of a breach of duty to be punishable by a professional court to be sufficiently suspicious, it shall decide to initiate the professional court proceedings. The public prosecutor's office is responsible for the implementation of this decision. (4) The Oberlandesgericht does not consider a culpable breach of duty to be infringed, so only on the basis of new facts or evidence on account of the same conduct may a request be made on the basis of Introduction of the professional court procedure or a complaint by the board of the patent attorney's chamber. Unofficial table of contents

§ § 109 to 114 ----

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Section 115 Content of the accusation

In the letter of accusation (§ 106 of this Act and Section 207 (3) of the Code of Criminal Procedure) the breach of duty of the patent attorney is to be described under the guidance of the facts which are based on it (the sentence of the accusation). The evidence shall also be provided where evidence is to be found in the main trial. The letter of accusation shall contain the application to open the main proceedings before the Chamber of Patents. Unofficial table of contents

Section 116 Decision on the opening of the main proceedings

(1) In the decision by which the main proceedings are opened, the district court shall allow the accusation to the main trial. (2) The decision which opened the main proceedings cannot be challenged by the patent attorney. (3) The decision which opens the main proceedings cannot be challenged by the patent attorney. The decision to reject the opening of the main proceedings must be justified. The public prosecutor's office is against the decision to make an immediate appeal. Unofficial table of contents

Section 117 Legal force of a negative decision

If the opening of the main proceedings is rejected by a decision which is no longer countervailable, the application for the initiation of the professional court proceedings for the same breach of duty may only be based on new facts or evidence and only on the basis of new evidence and evidence. once again, within five years, since the decision has become final. Unofficial table of contents

Section 118 Delivery of the opening decision

The decision on the opening of the main proceedings shall be notified to the patent attorney at the latest with the charge. The same applies in the cases of § 207 (3) of the Code of Criminal Procedure for the reshupended accusation.

3.
The main negotiation

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§ 119 Main negotiation despite the lack of the patent attorney

The main trial may be carried out against a patent attorney who has not appeared, when he is properly charged and pointed out in the summons that he can be negotiated in his absence. A public charge is not allowed. Unofficial table of contents

Section 120 Main non-public hearing

(1) The main negotiation is not public. At the request of the public prosecutor's office, the public must, at the request of the patent attorney, be made public; in this case, the provisions of the Law on the Constitution shall be applied to the public. (2) Non-public negotiations is representatives of the Federal Ministry of Justice, the President of the Patent Office or his representative, the officials of the Public Prosecutor's Office at the Higher Regional Court, representatives of the Board of the Patent Attorney's Chamber and the patent attorates of the access permitted. The district court may, after hearing the parties, also allow other persons to be heard as listeners. Unofficial table of contents

§ 121 Taking of evidence by a requested judge

The District Court may request a court of office for the hearing of witnesses or experts. The witness or expert shall, however, be heard at the request of the public prosecutor's office or of the patent attorney in the main hearing, unless he is likely to be prevented from appearing in the main hearing or to appear to him to appear in the main hearing. because of a great distance, cannot be found. Unofficial table of contents

§ 122 Reading of protocols

(1) The Landgericht decides, at its discretion, whether the testimony of a witness or an expert who has already been heard in the professional court or in another legal procedure is to be read out. (2) Before the court decision is taken, the prosecutor or the patent attorney may ask to hear the witness or expert in the main hearing. Such a request shall be in accordance with the law, unless the witness or expert is likely to be prevented from appearing in the main hearing or if the appearance of the witness cannot be attributed to him because of a large distance. If the application is accepted, the minutes of the previous hearing must not be read. (3) If a witness or expert has been heard by a requested judge (§ 121), the reading of the protocol cannot be contradicted. . However, the public prosecutor or the patent attorney may object to the reading if an application has been rejected in accordance with § 121 sentence 2 and reasons for the rejection of the application now no longer exist. Unofficial table of contents

Section 123 Decision

(1) The main hearing concludes with the proclamation of the judgment following the deliberation. (2) The judgment is on the case of acquittal, conviction or cessation of the proceedings. (3) The professional court procedure is, apart from the case of § 260 (3) of the Code of Criminal Procedure,

1.

if admission to the patent attorney's office has been granted (§ 20);

2.

if, according to § 103a, it is to be dissected from a professional-judicial sanction.

Third Section
The appeal

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Section 124 Complaint

Insofar as decisions of the District Court and provisions of the Chairman can be appealed with the appeal, the Higher Regional Court is responsible for the negotiation and decision on this appeal. Unofficial table of contents

§ 125 vocation

(1) The appeal shall be admissible against the judgment of the Regional Court. The Oberlandesgericht (Oberlandesgericht) decides on the appeal. (2) The appeal is to be filed in writing within one week of the proclamation of the judgment by the District Court. If the judgment has not been given in the presence of the patent attorney, the time-limit for delivery shall commence for him. (3) The appeal may only be justified in writing. (4) The procedure shall, moreover, be in addition to the provisions of the The Code of Criminal Procedure on the vocation to apply the § § 119, 120, 122 and 123 of this Act in accordance with the provisions of this Act. § 121 applies with the proviso that the senate for patent attorts can also commission a co-sitter, who is a professional judge, to hear witnesses and experts from the Higher Regional Court. If the patent attorney has appealed, in his absence in the main proceedings § 329 (1) sentences 1 and 4, as well as paragraph 7 of the Criminal Procedure Code, should the patent attorney be properly charged and in the summons is expressly referred to the legal consequence resulting from his absence; this shall not apply if the patent attorney has been summoned by public service. Unofficial table of contents

Section 126 Participation of the prosecutor's office

The public prosecutor's duties in the proceedings before the Higher Regional Court shall be carried out by the Public Prosecutor's Office in that court. Unofficial table of contents

§ 127 Revision

(1) The appeal against the judgment of the Oberlandesgericht (Oberlandesgericht) is permissible under the Bundesgerichtshof (Federal Court of Justice),

1.

if the verdict is based on exclusion from the patent attorney's office;

2.

if the Oberlandesgericht did not recognize the exclusion contrary to a request by the Public Prosecutor's Office;

3.

if the Higher Regional Court has allowed them in the judgment.

(2) The Oberlandesgericht (Oberlandesgericht) may only allow the revision if it has decided on legal questions or questions of the patent attorneys ' professional duties, which are of fundamental importance. (3) The non-approval of the revision can be carried out independently by A complaint within one month of the notification of the judgment shall be appealed. The appeal is to be filed with the Higher Regional Court. In the notice of appeal, the fundamental question of law must be expressly referred to. (4) The appeal inhibits the legal force of the judgment. (5) If the appeal is not remedied, the Bundesgerichtshof decides by decision. The decision shall not require any justification if the appeal is rejected or rejected unanimously. If the appeal is rejected by the Federal Court of Justice, the verdict will be final. If the appeal is granted, the period of revision shall begin with the notification of the appeal. Unofficial table of contents

Section 128 Einlaying of the revision and procedures

(1) The revision shall be submitted in writing to the Oberlandesgericht within one week. The period begins with the proclamation of the judgment. If the judgment has not been given in the presence of the patent attorney, the time limit begins with the delivery. (2) The patent attorney's page can only be made in writing and the reasons for the appeal can only be made in writing. (3) In addition to the provisions of the Code of Criminal Procedure on the revision, the proceedings before the Federal Court of Justice are to be applied in accordance with § § 120 and 123 (3) of this Act. In the cases of Section 354 (2) of the Code of Criminal Procedure, it is necessary to refer back to the senate responsible for patent attorrents in accordance with § 86. Unofficial table of contents

Section 129 Participation of the Public Prosecutor's Office before the Federal Court

The duties of the Public Prosecutor's Office in the proceedings before the Federal Court of Justice shall be exercised by the Federal Prosecutor General.

Fourth Section
The backup of evidence

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Section 130 Order of the Evidence Warrant

(1) If a professional procedure is terminated against the patent attorney because his admission to the patent attorney's office has been obtained, the decision may at the same time, at the request of the public prosecutor's office, arrange for the evidence to be secured, if it is to be assumed that exclusion from the Patent Attorney's Office would have been recognized. The order cannot be challenged. (2) The evidence is received by the Chamber of Patent Lawyers. The board may appoint one of its members to take evidence. Unofficial table of contents

Section 131 Procedure

(1) The Board of Patent Attorts shall, on its own account, collect all the evidence which may give rise to a decision as to whether the established procedure for exclusion would have resulted from the Patent Attorney's Office. The scope of the proceedings shall be determined by the Board of Patents at the discretion of the patent attorney without being bound by any claims; their dispositions may not be challenged in that respect. (2) Witnesses are, in so far as exceptions are not required, or (3) The Public Prosecutor's Office and the former patent attorney are to be involved in the proceedings. The former patent attorney shall be entitled to a notification of the appointments to be held for the purpose of securing evidence only if he/she is in a Member State of the European Union or a State Party to the Convention on the European Economic Area and its address to the Regional Court. (4)

Fifth Section
Prohibition of profession and representation as a provisional measure

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Section 132 Requirement of the prohibition

(1) If there are urgent reasons for the assumption that a patent attorney is to be recognized for exclusion from the patent attorney's office, a temporary ban on professional or representation can be imposed on him by decision. § 102 (1) sentence 1 and 2 shall not apply. (2) The Public Prosecutor's Office may submit an application for the imposition of a prohibition of professional or representation prior to the initiation of the professional court proceedings. (3) The Court of First Instance is responsible for the proceedings and the decision concerning the opening of the main proceedings against the patent attorney. (3) The Court of First Instance is responsible for the proceedings and the decision to take the proceedings. , or before which the professional court proceedings are pending. Unofficial table of contents

Section 133 Oral proceedings

(1) The decision imposing a prohibition of professional or representation may only be taken at the basis of oral proceedings. (2) The provisions applicable to the summons and the oral proceedings shall be those applicable to the main hearing. (3) In the first charge, the breach of duty on the part of the patent attorney is due to the performance of the facts on which they are based. , the evidence shall also be indicated. However, this is not necessary if the patent attorney has already been notified of the accusation document. (4) The court of law determines the extent of the taking of evidence at its discretion, without any request from the public prosecutor's office or the court of law. Patentanwalts. Unofficial table of contents

Section 134 Voting on the prohibition

A majority of two-thirds of the votes are required to impose a ban on professional or representative representation. Unofficial table of contents

§ 135 Prohibition following the main negotiation

If the Court of First Instance has recognized the exclusion from the Patent Attorney's Office, it may, in the immediate connection with the main hearing, negotiate and decide on the imposition of the prohibition of professional or representation. This shall also apply if the patent attorney has not appeared in the main hearing. Unofficial table of contents

Section 136 Delivery of the decision

The decision shall be accompanied by reasons. He must be granted to the patent attorney. If the patent attorney was not present at the time of the announcement of the decision, he/she shall be given the decision immediately after the announcement without any reason. Unofficial table of contents

Section 137 Effects of the prohibition

(1) The decision shall take effect with the announcement. (2) The patent attorney who is subject to a professional prohibition shall not exercise his profession. (3) The patent attorney who is subject to a prohibition of representation shall not be allowed to appear before a court of law, before the court Act as a patent office or other authority or before an arbitral tribunal in person, grant powers of attorney or ominy, and courts, authorities, arbitral tribunals, lawyers, patent attorates or other representatives in legal matters in writing. (4) The patent attorney against which a profession or (5) The validity of legal acts of the patent attorney shall be enforced by the law of the patent attorney general, the Prohibition of professional or representation is not affected. The same shall apply to acts which are carried out against it. Unofficial table of contents

Section 138 infringements of the ban

(1) The patent attorney who knowingly opposes a prohibition of professional or representation against him shall be excluded from the patent attorney's office, unless a milder professional court measure is sufficient due to special circumstances (2) courts or authorities shall reject a patent attorney who is present in front of them in breach of a prohibition of professional or professional representation. Unofficial table of contents

Section 139 Complaint

(1) The immediate appeal shall be admissible against the decision imposing a prohibition of appeal or representation by the District Court or the Oberlandesgericht. The appeal does not have suspensive effect. (2) The Public Prosecutor's Office has the right to lodge an appeal against the decision refusing the District Court or the Higher Regional Court to impose a ban on professional or professional representation. (3) The appeal is filed with the Court of Appeal. If the decision under appeal is issued by the Regional Court, the Oberlandesgericht (Higher Regional Court), and if it is issued by the Higher Regional Court, the Federal Court of Appeal shall decide. In addition to the provisions of the Code of Criminal Procedure relating to the complaint, § 133 (1), (2) and (4), as well as sections 134 and 136 of this Act, apply to the proceedings. Unofficial table of contents

Section 140 Expiry of the prohibition

The prohibition of appeal or representation shall not enter into force,

1.

if a judgment does not apply to exclusion;

2.

if the opening of the main proceedings before the patent attoring chamber is rejected.

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Section 141 Repeal of the prohibition

(1) The prohibition of professional or representation shall be lifted if it appears that the conditions for its imposition are not or no longer exist. (2) The court in charge of the waiver shall decide on the annulment pursuant to Section 132 (3). (3) A patent attorney to waive the ban may be a new oral hearing. The application cannot be made as long as an immediate appeal by the patent attorney in accordance with section 139 (1) has not yet been decided. A complaint shall not be admissible against the decision which rejects the request. Unofficial table of contents

Section 142 Notification of the prohibition

(1) The decision imposing a prohibition on professional or representation shall be notified forthwith to the patent attorney's chamber in a certified copy. (2) The prohibition of appeal or representation shall not enter into force or shall be repealed or amended. paragraph 1 shall apply accordingly. Unofficial table of contents

Section 143 Order of a representative

(1) In the case of the need, a representative shall be appointed by the Patent Attorney's Chamber for the patent attorney against which a prohibition of professional or representation is imposed. Prior to ordering, the patent attorney can be heard. The patent attorney may propose a suitable representative. (2) § 46 (4), (5) sentence 3, para. 7 to 10 shall apply accordingly. (3) bis (5)

Sixth Section
The enforcement of professional and judicial measures and costs. The eradication

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Section 144 Enforcement of professional judicial measures

(1) The exclusion from the Patent Attorney's Office (Section 96 (1) no. 4) becomes effective with the legal force of the judgment. (2) Warning and reference (§ 96 (1) No. 1 and 2) apply with the legal force of the judgment as enforceable. (3) For the execution of the fine (§ 96 (1) (3)), the rules on the execution of a fine must be applied accordingly. Enforcement is not prevented by the fact that the patent attorney has left the patent attorney's office after a final conclusion of the proceedings. (4) If, together with a fine, the costs of the proceedings are recovered, the costs of the proceedings shall also apply. the costs of the rules on the execution of the fine. Unofficial table of contents

§ 144a Tilgung

(1) In the case of files on a warning issued via the patent attorney, entries shall be redeemed after five years after a reference or a fine after ten years. The proceedings resulting from these professional measures shall be removed from the files held by the patent attorney and shall be destroyed. After the expiry of the period, these measures may no longer be taken into account in further professional-judicial measures. (2) The period begins with the day on which the professional court measure has become indisputable. (3) The deadline does not end, as long as a criminal procedure, an honorary or professional procedure or a disciplinary procedure is pending against the patent attorney, another professional court measure may be taken into account or a judgment denominated in a fine (4) After the expiry of the period, the patent attorney shall be deemed to have been (5) The provisions of paragraphs 1 to 4 shall apply mutagens to the Rügen of the Board of Appeal of the Patent Bar Association. The time limit is five years. (6) Injunctions for criminal convictions or other decisions in proceedings for criminal offences, administrative offences or the breach of professional duties, which do not result in a professional judicial system. The patent attorney's chamber is to be satisfied at the request of the patent attorney after five years, as well as the teachings of the Patent Bar Association. The second sentence of paragraph 1, as well as paragraphs 2 and 3, shall apply accordingly.

Eighth Part
The costs in patent attorrents

First section
The costs in administrative procedures of the Patent Bar Association

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Section 145 Collection of administrative fees and expenses

The Patent Attorney's Chamber may apply for official acts under this Act, in particular for the processing of applications for admission to the Patent Attorney's Office and for the appointment of a representative, to cover the administrative burden of fees in accordance with fixed rates and leeway. The Administrative Costing Act, which is in force until 14 August 2013, applies with the proviso that the general principles for cost regulations (§ § 2 to 7 of the Administrative Cost Act in the period up to 14 August 2013 applicable) apply. ) when issuing statutes pursuant to section 82, paragraph 2, point 4, apply accordingly.

Second section
The costs in judicial proceedings in administrative patent attorrents

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Section 146 Court costs

In administrative patent attorts, fees are levied according to the fee list of the facility to this law. Moreover, the provisions of the Law on Legal Costs applicable to costs in proceedings before the courts of administrative jurisdiction shall be applied accordingly, insofar as nothing else is determined in this section. Unofficial table of contents

Section 147 Dispute

(1) The value of the dispute shall be determined in accordance with Section 52 of the Law on Legal Law. It shall be fixed by its own authority. (2) A dispute value of EUR 50 000 shall be accepted in proceedings concerning claims for admission to the patent attorney or the withdrawal or revocation thereof. Taking into account the circumstances of the individual case, in particular the extent and significance of the case, as well as the assets and income ratios of the plaintiff, the court may set a higher or lower value. (3) The The fixing is unquestionable; § 63 (3) of the Law on Legal Law remains unaffected.

Third Section
The costs in the professional proceedings and in the proceedings for applications for the decision of the Regional Court against the threat or the fixing of the penalty payments or on the complaint

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§ 148 Court costs

In the professional court proceedings, in the proceedings on the request for a decision of the Landgericht on the complaint (§ 70a para. 1) and in the proceedings on the application for a decision of the regional court against the threat or the fixing of a penalty (§ § § 70a). 50 (3) charges are levied according to the list of fees charged to the installation of this Act. In addition, the provisions of the Law on Legal Costs applicable to costs in criminal matters shall be applied accordingly. Unofficial table of contents

Section 149 Costs of applications for initiation of the professional court procedure

(1) A patent attorney who withholds a request for a court decision on the resolution of the Public Prosecutor's Office (Section 108 (2)) shall be required to pay the costs incurred by this procedure. (2) If a request by the Executive Board of the Office of the Prosecutor In the case of § 107 (2), the Patentanwaltskammer (patent attorneys 'chamber) is dismissed in the case of § 107 (2), the costs of the patent attorneys' chamber assessed by the procedure on the application are to be laid down. Unofficial table of contents

§ 150 Cost obligation of the convicted person

(1) The patent attorney, who is convicted in the professional proceedings, shall at the same time be responsible for the costs incurred in the proceedings in whole or in part. The same applies if the professional court proceedings are terminated for the erasure of admission to the patent prosecution and, according to the outcome of the previous procedure, the imposition of an occupational court measure would have been justified; to In this case, the costs of the professional court procedure are also those which arise in a subsequent procedure for the purpose of securing evidence (§ § 130, 131). If the proceedings are terminated in accordance with section 123 (3) no. 2, the court may impose in whole or in part the costs incurred in the proceedings against the patent attorney if it considers this to be appropriate. (2) The patent attorney, who is in the professional court. Where an appeal has been withdrawn or has not been successful, the costs incurred by this procedure must be repaid. Where the appeal was partly successful, the patent attorney may be subject to an appropriate amount of such costs. (3) For the costs incurred by a request for the resumption of the proceedings concluded by a final judgment has been caused, paragraph 2 shall apply accordingly. Unofficial table of contents

§ 150a Costing of costs in the proceedings in the case of applications for a decision of the Regional Court against the threat or the fixing of the penalty payment or on the complaint

(1) If the application for a professional court decision is rejected as unfounded against the threat or the determination of the penalty payments or on the complaint, Section 150 (1) sentence 1 shall apply accordingly. If the District Court finds that the complaint is ineffective because of the imposition of a professional court measure (Section 70a (5) sentence 2) or raises it in accordance with Section 70a (3) sentence 2, it may be the patent attorney who is in the proceedings (2) If the patent attorney rejects the application for a decision of the Landgericht, or if the application is rejected as inadmissible, § 150 (2) sentence 1 shall apply. (3) If the threat or the fixing of the penalty is lifted, the necessary outlays shall be of the patent attorney general of the patent attorney's chamber. The same shall apply if the reprimand, in the case of § 70a (3) sentence 2, is excluded, or if the invalidity of the complaint is due to an acquittment of the patent attorney in the professional court proceedings or for the reasons of § 103 (2) Sentence 2 is established (Section 70a (5) sentence 2). Unofficial table of contents

Section 151 Liability of the patent attorney's chamber

The patent attorney's chamber is the burden of the patent attorney's office, which cannot be imposed on the patent attorney or by a third party or cannot be confiscated by the patent attorney. Unofficial table of contents

§ § 152 to 154 (omitted)

Ninth Part
Professionals from other countries

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§ 154a Site

A natural person who pursues his professional activity under one of the professional titles referred to in § 1 of the Law on the Suitability Test for the Admission of the Patent Attorney is entitled to participate in the To establish legal rights in the field of foreign and international industrial property rights within the scope of this Act, if it is included in the patent attorney's chamber upon request. Unofficial table of contents

§ 154b Procedure, professional position

(1) The application for inclusion shall be accompanied by a certificate issued by the competent authority in the country of origin on the membership of the profession. This certificate shall be resubmitted to the Patent Bar Association annually. If the member of the patent attorney's chamber does not comply with this obligation, the admission to the patent attorney's chamber is to be revoked. (2) For the decision on the application, the legal status after admission to the patent attorney's chamber as well as the withdrawal and the revocation of the admission to the patent attorney's chamber shall apply analogously to the second part, with the exception of § § 5 to 13, 18, 19, the third and fourth part, the third section of the Fifth Part, and the sixth to eighth part of this law. Prohibition of representation pursuant to § 96 (1) (4) and § 132 are to be pronounced in the scope of this Act. The exclusion from the patent attorney's office (§ 96 para. 1 no. 5) is replaced by the loss of membership. (3) The registered office of the patent attorney's chamber must indicate the country of origin when carrying out his professional title. He is entitled to use the term "member of the patent attorney's chamber" at the same time in the professional transport sector.

Tenth part
Power of advice and representation of the patent attestation in constant service relationship

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§ 155 Consultation and representation of third parties

(1) A patent attestation (§ 11), which pursues an activity in the field of industrial property protection under a permanent service contract within the scope of this law, may, within the scope of this service, a third party pursuant to § 3 (2) and (3) shall advise and represent if:

1.

the third party and the Dienstherr of the Patentassessor are in proportion to each other in relation to each other (§ 18 of the German Stock Corporation Act) or parts of a company contract (§ § 291, 292 of the German Stock Corporation Act);

2.

the third party has neither the domitic nor the establishment domestically and he has contractually transferred to the servant's office of the patentassessor the perception of his interests in the field of industrial property protection.

(2) In the case referred to in paragraph 1 (2), the patent attorney may be the representative of the third party as a representative or an appointing representative within the meaning of Section 25 of the Patent Act, Section 28 of the German Utility Model Act, Section 11 (2) of the Semiconductor Protection Act, Section 58 of the German Patent Act. (3) Paragraph 1 (2) and (2) do not apply to patent attorneys in permanent service or similar employment relationships (§ 41a). Unofficial table of contents

Section 156 Occurrence before the courts

A patent attestation (§ 11), which pursues an activity in the field of industrial property protection under the law of a permanent service within the scope of this Act, is in the litigation of his servant, referred to in § 4. or to the third party referred to in Article 155 (1) (1) or (2) at the request of the Party.

Eleventh Part
Transitional and final provisions

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Section 157 measures in accordance with the agreement

(1) Patent Attorneys and Patentassessoren, who are on the 3. In October 1990, the lists of the patent attorneys or the patent attorneys held by the Patent Office of the German Democratic Republic are not only provisionally registered, persons who, in accordance with § 5, have the conditions for access to the profession. of the patent attorney by examination. The patent attorneys who are registered in the list at the Patent Office of the German Democratic Republic are admitted to the patent attorney's office. (2) Anyone who is on the 3. October 1990, the conditions of training pursuant to § 2 (1) and (2) of the Order of the German Democratic Republic on representation before the Patent Office of 21 March 1990 (GBl. 208), may be admitted as a patent attorney or recognised as a patent attorney on request. The patent attorney's chamber decides on the application in accordance with the provisions of the patent attorney's order. Unofficial table of contents

§ 158 Patent Officer

(1) By way of derogation from the provisions of § 10 (2) on the proof of technical competence and training in the field of industrial property protection, it may be admitted for examination who, after he/she is domestically

1.

As a full-time student at a scientific university, it is devoted to the study of natural sciences or technical subjects and has successfully completed this study by means of a state or academic examination, or

2.

has obtained a technical training completed in accordance with the principles of the principles of a public or state-recognised private engineering school or equivalent technical college,

for at least 10 years on the basis of a permanent service or similar employment relationship for a principal, he has worked as a principal professional or representative in the field of industrial property protection and in the The scope of this law shall be subject to such activity, which is significant in nature or in scope; § 7 (3) to (5) shall apply accordingly. Applicants who have passed the European qualifying examination for the representatives admitted to the European Patent Office shall be at least eight years old. (2) The examination may also include the admission of a full-time student. is devoted to the study of natural sciences or technical subjects at a scientific university, but has not completed this course of study for special reasons, provided that it has at least fifteen years the activity referred to in paragraph 1 ; of this activity must be carried out at least 10 years before the (3) An activity as a technical member of the Patent Office or of the Patent Court or of an activity on the basis of a permit issued by the President of the Patent Office shall be referred to in paragraph 1 of this Article. (4) In exceptional cases, the degree programme and the final examination at a university abroad can be recognised as sufficient. The President of the Patent Office shall, in consultation with the competent supreme authority of the country in which the Patent Office has its registered office, decide on the recognition. (5) Which technical institutes within the meaning of the first sentence of paragraph 1 shall be the second sentence of paragraph 2 of this Article (6) Applicants who have been admitted to the examination (§ 8) pursuant to paragraphs 1 and 2 and passed the examination (§ 8) shall be appointed to the office of the President of the Patent Office. , acquire the competence for the profession of patent attorney. Unofficial table of contents

§ 159 Liberation of the activity of a patent attorney

Applicants who fulfil the conditions laid down in § 158 (1) or (2) shall not apply the provisions of Section 5 (2) on employment in the case of a patent attorney. Unofficial table of contents

§ 160 holders of permission certificates

§ § 177 to 183 are to be applied further in the version of this law in force until 31 August 2009 for holders of permission certificates. Unofficial table of contents

Section 161 Transitional arrangements

(1) The administrative proceedings initiated before 1 September 2009 in patent attorrents shall continue in the situation in which they are located on that day, in accordance with this Act in the version in force as from that date, unless otherwise specified is. Measures taken on the basis of the law applicable up to 31 August 2009 shall remain legally effective. Administrative procedures in patent attorrals initiated before 1 September 2009 shall be subject to further application of the legal provisions applicable up to that date. (2) The admissibility of legal remedies against decisions taken before the date of application of the (3) The legal proceedings pending before 1 September 2009 in administrative patent attorrents shall be determined in accordance with the provisions of the following rules: the provisions applicable up to that date, including: cost-effective arrangements. Unofficial table of contents

Annex (to § 146 sentence 1 and § 148 sentence 1)
Charge directory

(Fundstelle: BGBl. I 2006, 3430-3432;
with regard to of the individual amendments. Footnote)

Charge directory Outline
Part I	Professional procedure
Section 1 Procedure before the District Court
Subsection 1	Professional procedure of first instance
Subsection 2	Application for a court decision on the threat or the fixing of a penalty or on the complaint
Section 2 Procedure before the Higher Regional Court
Subsection 1	Appeal
Subsection 2	Complaint
Section 3 Procedure before the Federal Court of Justice
Subsection 1	Revision
Subsection 2	Complaint
Section 4 Rüge for infringement of the right to be heard
Part II	Court proceedings in administrative patent attorships
Section 1	First legal action
Subsection 1	Oberlandesgericht
Subsection 2	Bundesgerichtshof
Section 2	Authorisation and implementation of the appeal
Section 3	Preliminary legal protection
Subsection 1	Oberlandesgericht
Subsection 2	Federal Court of Justice as an appeal in the main proceedings
Subsection 3	Bundesgerichtshof
Section 4	Rüge for breach of the right to be heard

Part I
Professional procedure

No.	Due date	Fee or rate of the respective charges 1110 and 1111
Preliminary note 1:
(1) Subject to the provisions of paragraph 2, the court fees shall be determined by the professional court procedure in respect of all legal proceedings in accordance with the measure which has been passed by law. (2) If an appeal or an application for a professional court decision is only partially rejected or rejected, the court shall, in so far as it would be unfair to impose a burden on the patent attorney, have to impose the fee on it. (3) In the case of a retrial, the same fees shall be charged as for the resumed procedure. However, if the earlier judgment is repealed after the resumption of proceedings has been taken, any legal withdrawal of the new proceedings shall be deemed to have been brought together with the respective legal proceedings of the earlier proceedings. Fees shall also be charged for legal proceedings which have taken place only in the previous procedure.
Section 1
Proceedings before the District Court
Subsection 1
Professional procedure of first instance
1110	Procedure with judgment when one or more of the following measures are imposed:
	1. a warning,
	2. a reference,
	3. a fine	EUR 240.00
1111	Proceedings with judgment in the case of exclusion from the patent attorney's office	480,00 EUR
Subsection 2
Application for judicial decision on the threat or the fixing of a Forced money or over the beet
1120	Proceedings concerning the application for a court decision on the threat or the fixing of a penalty in accordance with Section 50 (3) of the Patent Law of the Patent Law: The application will be discarded or rejected	160,00 EUR
1121	Procedure on the application for a court decision on the complaint pursuant to Section 70a (1) of the Patent Law of the Patent Law: The application will be discarded or rejected	160,00 EUR
Section 2
Proceedings before the Higher Regional Court
Subsection 1
Appeal
1210	Appointment procedure with judgment	1.5
1211	Completion of the appeal proceedings without judgment	0.5
	The fee shall not be charged upon withdrawal of the appeal before the expiry of the period of grace.
Subsection 2
Complaint
1220	Procedures relating to complaints in professional proceedings which are not free of charge under other rules: The complaint shall be rejected or rejected	50,00 EUR
	A fee is only charged by the patent attorney if a professional court measure has been legally imposed on him.
Section 3
Proceedings before the Bundesgerichtshof
Subsection 1
Revision
1310	Revision procedure with judgment or with decision pursuant to § 128 (3) sentence 1 of the patent attorney ' s order (i). V. m. Section 349 (2) or (4) of the StPO	2.0
1311	Completion of the revision procedure without judgment and without a decision pursuant to § 128 (3) sentence 1 of the patent attorney ' s order (i). V. m. Section 349 (2) or (4) of the StPO	1.0
	The fee shall not be charged upon withdrawal of the revision before the expiry of the period of grace.
Subsection 2
Complaint
1320	Proceedings concerning the complaint against the non-authorisation of the revision: The complaint shall be rejected or rejected	1.0
1321	Procedures relating to other complaints in professional proceedings which are not free of charge in accordance with other rules: The complaint shall be rejected or rejected	50,00 EUR
	A fee is only charged by the patent attorney if a professional court measure has been legally imposed on him.
Section 4
Rüge for breach of claim on the right to be heard
1400	Procedure on the complaint for infringement of the right to be heard: the complaint shall be fully rejected or rejected	50,00 EUR

Part 2
Judicial procedures in
administrative patent attorrents


Nr.Fee fee charge amount or rate of charge according to § 34 GKG

Section 1 First legal action
Subsection 1 Oberlandesgericht
2110	Procedures in general			4.0
2111	Termination of the whole procedure by
	1.	Withdrawal of the action
		a)	before the end of the oral proceedings,
		b)	in the event that such a decision does not take place, before the end of the day on which the judgment, the decision of the court or the decision is communicated in the main proceedings to the place of business,
		c)	in the case of § 94b para. 1 sentence 1 PAO i. V. m. Section 93a (2) VwGO before the end of the declaration period pursuant to Section 93a (2) sentence 1 of the VwGO,
	2.	recognition or renunciation judgment,
	3.	court settlement, or
	4.	Declarations of completion in accordance with § 94b para. 1 sentence 1 PAO i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	unless a judgment other than one of the judgments referred to in paragraph 2 has already been preceded by a court decision or a decision in the main proceedings: The fee 2110 is reduced to			2.0
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Subsection 2 Bundesgerichtshof
2120	Procedures in general			5.0
2121	Termination of the whole procedure by
	1.	Withdrawal of the action
		a)	before the end of the oral proceedings,
		b)	if such a decision does not take place, before the end of the day on which the judgment or the court's decision is communicated to the office,
		c)	in the case of § 94b para. 1 sentence 1 PAO i. V. m. Section 93a (2) VwGO before the end of the declaration period pursuant to Section 93a (2) sentence 1 of the VwGO,
	2.	recognition or renunciation judgment,
	3.	court settlement, or
	4.	Declarations of completion in accordance with § 94b para. 1 sentence 1 PAO i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	unless a judgment other than one of the judgments referred to in paragraph 2 has already been preceded by a court decision or a decision in the main proceedings: The fee of 2120 is reduced to			3.0
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Section 2 Authorisation and implementation of the appeal
2200	Procedure for the authorisation of the appointment: To the extent that the application is rejected			1.0
2201	Procedure for the authorisation of the appointment: In so far as the application is withdrawn or the proceedings are terminated by other completion of the application			0.5
	The fee will not be charged to the extent that the appeal is permitted.
2202	Procedures in general			5.0
2203	Termination of the entire proceedings by withdrawal of the appeal or the action before the Scriptures have been received in order to justify the appeal to the Court of First Instance: The fee 2202 is reduced to			1.0
	Declarations of completion in accordance with § 94b para. 1 sentence 1 PAO i. V. m. Section 161 (2) of the VwGO shall be the same as the withdrawal if no decision is taken on the costs or if the decision of a previously notified agreement is followed by the parties on the cost statement or the declaration of costs by a participant.
2204	Termination of the whole procedure, if not number 2203, by:
	1.	Withdrawal of the appeal or action
		a)	before the end of the oral proceedings,
		b)	in the event that such action does not take place, before the end of the day on which the judgment or the decision is communicated in the main proceedings to the office of business, or
		c)	in the case of § 94b para. 1 sentence 1 PAO i. V. m. Section 93a (2) VwGO before the end of the declaration period pursuant to Section 93a (2) sentence 1 of the VwGO,
	2.	recognition or renunciation judgment,
	3.	court settlement, or
	4.	Declarations of completion in accordance with § 94b para. 1 sentence 1 PAO i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	unless a judgment other than one of the judgments referred to in paragraph 2 or a decision has already been preceded by the following main point: The fee 2202 is reduced to			3.0
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Section 3 Preliminary legal protection
Preliminary note 2.3:
(1) The provisions of this Section shall apply to interim measures and to procedures in accordance with § 94b (1) sentence 1 PAO i. V. m. Section 80 (5) and section 80a (3) of the VwGO.
(2) Fees shall be charged separately in the proceedings relating to the application for the order and in the proceedings relating to the request for the waiver of an order for an injunction. Several procedures according to § 94b para. 1 sentence 1 PAO i. V. m. Section 80 (5) and (7) and Section 80a (3) of the VwGO shall be deemed to be a procedure within a legal suit.
Subsection 1 Oberlandesgericht
2310	Procedures in general			2.0
2311	Termination of the whole procedure by
	1.	Withdrawal of the application
		a)	before the end of oral proceedings, or,
		b)	if such does not take place, before the end of the day on which the decision of the place of business is communicated,
	2.	court settlement, or
	3.	Declarations of completion in accordance with § 94b para. 1 sentence 1 PAO i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	Unless a decision on the application has already been taken: The fee of 2310 is reduced to			0.75
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Subsection 2 Federal Court of Justice as the Court of Appeal in the main proceedings
2320	Procedures in general			1.5
2321	Termination of the whole procedure by
	1.	Withdrawal of the application
		a)	before the end of oral proceedings, or,
		b)	if such does not take place, before the end of the day on which the decision of the place of business is communicated,
	2.	court settlement, or
	3.	Declarations of completion in accordance with § 94b para. 1 sentence 1 PAO i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	Unless a decision on the application has already been taken: The fee of 2320 is reduced to			0.5
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Subsection 3 Bundesgerichtshof
Preliminary note 2.3.3:
The provisions of this subsection shall apply if the Federal Court of Justice also has jurisdiction in the main proceedings.
2330	Procedures in general			2.5
2331	Termination of the whole procedure by
	1.	Withdrawal of the application
		a)	before the end of oral proceedings, or,
		b)	if such does not take place, before the end of the day on which the decision of the place of business is communicated,
	2.	court settlement, or
	3.	Declarations of completion in accordance with § 94b para. 1 sentence 1 PAO i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	Unless a decision on the application has already been taken: The fee of 2330 is reduced to			1.0
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Section 4 Rüge for breach of the right to be heard
2400	Procedure on the complaint for infringement of the right to be heard: The reprimand shall be fully rejected or rejected			50,00 EUR