Patent attorney
Last update
In order to operate as a patent attorney, business managers must hold a business permit.
The business permit is granted to the business (either the business manager operating under his own name, or the company he runs) provided that:
- the business manager meets the legal requirements in terms of qualification and professional integrity;
- the business has a fixed physical establishment in Luxembourg (no so-called 'letterbox companies').
The fulfillment of the conditions for access to the profession is checked at the time the business permit application is submitted.
Depending on the legal form chosen, the applicant must proceed with different registrations/affiliations before starting their activity.
Patent attorneys who are legally established abroad (in the Swiss confederation or a country of the European Economic Area) may provide occasional and/or temporary services in Luxembourg without a business permit.
Who is concerned
The profession of patent attorney consists in providing advisory, assistance and representation services with respect to patent mandates, in particular in terms of obtaining, maintaining, defending and disputing the exclusive rights in relation to patents, brand names, designs or models.
Prerequisites
The applicant must have:
- a Master's degree in legal studies, science or technology, or equivalent studies. This diploma must be:
- issued by a higher education institution recognised by the State in which that establishment's head office is registered;
- possibly, entered in the register of certificates;
- professional experience of 3 years with a patent attorney established in Luxembourg or in another EU Member State;
- a certificate of successful completion of the national supplementary exam on Luxembourg patent legislation and the BENELUX convention on intellectual property.
Preliminary steps
Entry into the registry of certificates
In order to to be able to decide on professional qualifications, the Minister of the Economy may require the applicant to have their diplomas entered in the register of certificates.
Graduates are therefore requested to check with the competent authorities in the country in which they received their academic qualification if there are any additional conditions that may apply to entering the profession.
Specificities of BENELUX university diplomas
These diplomas are automatically recognised (with regard to their registration in the register of certificates) in all 3 BENELUX countries, provided that they have been issued by an establishment that is recognised in the country in which the diploma was obtained.
These diplomas therefore do not need to be recorded in the register of certificates in Luxembourg.
However, automatic recognition is limited to the following degrees:
- for the Flemish community of Belgium: the 'graad van bachelor' and the 'graad van master';
- for the francophone community of Belgium: the 'grade académique de bachelier' and the 'grade académique de master';
- for the germanophone community of Belgium: the 'Diplom Master' and, if applicable, a masters' degree from the germanophone community of Belgium;
- for the Netherlands: the 'getuigschrift bachelor' and the 'getuigschrift master'.
In the absence of such a diploma the applicant needs to request a confirmation that their diploma is officially recognised in the BENELUX country where it was awarded.
Costs
The stamp duty for the issue of a business permit amounts to EUR 50.
If the establishment is moving to another address, the applicant must notify this, free of charge, to the competent General Directorate. In this case, the applicant will receive a new business permit free of charge.
How to proceed
Filing an application
The applicant can submit their application for a business permit in 2 ways:
- by applying in person for a business permit online via MyGuichet.lu, using a LuxTrust product.
The system determines which supporting documents need to be attached to the application depending on the information entered by the applicant; - by sending the business permit application by postal mail to the competent General Directorate.
Anyone can get help with their business permit application by:
- contacting the 'House of Entrepreneurship' of the Chamber of Commerce and making an appointment at one of their 3 reception desks;
- contacting the "Contact Entreprise" team of the Chamber of Skilled Trades and Crafts;
- calling the telephone hotline at the Department for Authorisations of Establishment;
- making an appointment at the Reception desk of the Ministry of the Economy (Department for Authorisations of Establishment)at the 'House of Entrepreneurship'.
Supporting documents
Documentary proof of qualification
The applicant must also submit:
- a copy of their Master's degree in legal studies, or science or technology;
- a copy of the ministerial order of registration in the register of certificates, if requested;
- a copy of their certificate proving that they passed the supplementary national exam;
- a certificate (EC certificate of experience or equivalent) delivered by the competent authority or body of the country of origin (generally a professional association) in case of prior professional activity in another EU Member State;
- a certificate of affiliation to the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS) demonstrating professional experience as a patent attorney.
Documents attesting to professional integrity
If the applicant has been residing in Luxembourg for more than 10 years, they must demonstrate their professional integrity by:
- a declaration of honour concerning any management positions held in businesses during the 3 years prior to the application;
- an extract from the Luxembourg criminal record no. 3.
If the applicant is a non-resident or has been a resident in Luxembourg for less than 10 years, they must demonstrate their professional integrity by providing:
- a sworn declaration (affidavit) concerning any management positions held in businesses during the 3 years prior to the application;
- a declaration of non-bankruptcy made before a notary;
- an extract from the criminal record no. 3 or equivalent issued by the country or countries in which the applicant has resided during the 10 years prior to the application;
- an extract from the Luxembourg criminal record (record no 3) if the person is already working as a salaried worker or carrying out a self-employed activity in Luxembourg.
This sworn declaration must state that the applicant has not been involved in the bankruptcy of a business in his own name nor in the bankruptcy of a company.
Failing this, an affidavit (sworn statement) must be provided.
All attached documents must be less than 3 months old.
Other documents to be submitted with the application
The applicant must also attach the following documents to his application:
- for citizens of Luxembourg, the European Union, or the European Economic Area (Iceland, Liechtenstein, Norway) or Switzerland: a copy of their ID card or passport;
- for citizens of third countries: a written confirmation from the Minister responsible for Immigration that the applicant meets all the conditions for obtaining the residence permit applied for;
- proof of payment of stamp duty (droit de chancellerie), in the form of:
- either a tax stamp, value EUR 50, purchased from the Registration Duties, Estates and VAT Authority (AED);
- or the proof of payment of EUR 50 into the IBAN account LU76 0019 5955 4404 7000, BIC code: BCEELULL of the Diekirch Revenue Office, with the following communication: 'autorisation de commerce';
In the event of an online application for a business permit via MyGuichet.lu (with a LuxTrust product), the system will automatically generate the list of supporting documents to be attached to the application, which may vary depending on the data entered by the applicant.
It should be noted that for applications submitted in the context of a business set up in the form of an SARL-S, the applicant must forward the draft constitutional documents of the SARL-S to the Ministry of the Economy.
Application processing time
Applications will usually be processed within 3 months from the receipt of the complete application. The absence of a response before the end of the 3-month period is equivalent to a tacit authorisation.
Appeal
Applicants whose business permit application has been denied by the Minister may, within the legal deadlines:
- attempt to settle the dispute amicably by:
- submitting a claim to the Ombudsman;
- submitting a non-contentious appeal to the minister so that he or she may review their decision;
- submitting a contentious appeal to the Administrative Tribunal through a court lawyer.
Registrations/affiliations depending on the legal form of the company
Sole proprietorship (Entreprise individuelle)
After obtaining a business permit, the head of a sole proprietorship must:
- report to the Joint Social Security Centre in order to:
- pick up the business permit, and;
- register as a self-employed person;
- submit an operating declaration to the social security administration (if they intend to hire staff);
- register for VAT.
Partnerships (SENC, SCS)
After obtaining a business permit, the executive(s) of a partnership (SCS, SENC) must:
- submit an operating declaration to the social security;
- register themselves as employees (or self-employed persons) with the social security;
- register for VAT.
Capital companies (SA, SARL, SCA, SE)
After obtaining a business permit, the executives(s) of a capital company (SA, SARL, SCA, SE) must:
- submit an operating declaration to the social security;
- register themselves as employees (or self-employed persons) with the social security;
- register for VAT.
Simplified limited liability company(SARL-S)
After obtaining a non-definitive copy of the establishment permit, the manager(s) of a simplified limited liability company (SARL-S) must:
- submit the copy of the business permit that is pending approval to the Trade and Companies Register. Once this has been done, the applicant receives the definitive permit from the Ministry of the Economy;
- file the constitutional documents (statutes, articles of association) of the company with the trade and companies register;
- submit an operating declaration to the social security;
- register themselves as employees (or self-employed persons) with the social security;
- register for VAT.
It should be noted that managers of an SARL-S do not need to incorporate their company before a notary. A private deed will suffice.
Temporary service provision in Luxembourg
Patent attorneys legally established abroad (in the Swiss confederation or in a country of the European Economic Area) may freely offer their services in Luxembourg. There is no need for a business permit or a specific notification to the Ministry of the Economy.
However, when active in Luxembourg, the service provider is subject to the national rules of professional, regulatory or administrative conduct directly related to their professional qualifications. The service provider is also subject to the disciplinary provisions applicable to Luxembourg professionals.
If the patent attorney, as a liberal profession:
- provides services on their own: they have to contact the Registration Duties, Estates and VAT Authority (AED);
- provides services with one or more employees: they have to contact the Inspectorate of Labour and Mines (ITM).
Obligations of all professionals
Each professional must comply with the following throughout their existence:
- all requirements with respect to obtaining a business permit;
- all laws and regulations with respect to business management.
Sanctions
Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.
Online services and forms
Who to contact
-
Ministry of the Economy General Directorate for SME, Administrative Simplification, Craft and Retail (Business Permit department)
- Address:
-
Luxembourg
PO box 535 / L-2937 Luxembourg
- Phone:
-
(+352) 247 74 700
Monday to Friday from 9.00 to 12.00 and from 13.30 to 16.30 (except on public holidays)
- Email address:
- info.pme@eco.etat.lu
- Website:
- https://meco.gouvernement.lu/en.html
-
Ministry of the Economy Office for Intellectual Property - Ministry of the Economy
- Address:
-
19-21, boulevard Royal
L-2449
Luxembourg
Luxembourg
L-2914
- Phone:
- (+352) 247-84113
- Fax:
- (+352) 247-94113
- Email address:
- dpi@eco.etat.lu
-
Luxinnovation
- Address:
- 5, avenue des Hauts-Fourneaux L-4362 Esch-sur-Alzette Luxembourg
- Phone:
- (+352) 43 62 63 1
- Fax:
- (+352) 43 81 20
- Email address:
- aides@luxinnovation.lu
- Email address:
- fit4start@luxinnovation.lu
- Website:
- http://www.luxinnovation.lu
-
Luxinnovation Luxinnovation – NCP
- Address:
- 5, avenue des Hauts Fourneaux L-4362 Esch-sur-Alzette
- Phone:
- (+352) 43 62 63 667
- Email address:
- ncp.horizon2020@luxinnovation.lu
-
Luxinnovation Luxinnovation
- Address:
- 5, avenue des Hauts-Fourneaux L-4362 Esch-sur-Alzette
- Phone:
- (+352) 43 62 63 1
- Email address:
- fit4start@luxinnovation.lu
- Website:
- http://www.luxinnovation.lu
-
Luxinnovation Fit 4 Sustainability
- Address:
- 5, avenue des Hauts-Fourneaux L-4362 Esch-sur-Alzette
- Phone:
- (+352) 43 62 63 1
- Email address:
- fit4sustainability@luxinnovation.lu
- Website:
- http://www.luxinnovation.lu
-
Luxinnovation Fit 4 Digital
- Address:
- 5, avenue des Hauts-Fourneaux L-4362 Esch-sur-Alzette
- Phone:
- (+352) 43 62 63 1
- Email address:
- fit4digital@luxinnovation.lu
- Website:
- http://www.luxinnovation.lu
-
Luxinnovation Fit 4 Innovation
- Address:
- 5, avenue des Hauts-Fourneaux L-4362 Esch-sur-Alzette
- Phone:
- (+352) 43 62 63 1
- Email address:
- fit4innovation@luxinnovation.lu
- Website:
- http://www.luxinnovation.lu
-
Luxinnovation Aid
- Address:
- 5, avenue des Hauts-Fourneaux L-4362 Esch-sur-Alzette
- Phone:
- (+352) 43 62 63 1
- Email address:
- aides@luxinnovation.lu
- Website:
- http://www.luxinnovation.lu
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Related procedures and links
Procedures
Links
Further information
-
European Patent Office (EPO)
Website
-
Liste des activités soumises à autorisation d’établissement
Pdf • 236 Ko
Legal references
- Convention sur la délivrance de brevets européens du 5 octobre 1973
-
Loi modifiée du 2 septembre 2011
réglementant l'accès aux professions d'artisan, de commerçant, d'industriel ainsi qu'à certaines professions libérales
