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 fulfillment of the conditions for access to the profession is checked by the General Directorate for Small and Medium-Sized Enterprises 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.
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.
The applicant must have:
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.
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:
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.
The stamp duty for the issue of a business permit amounts to EUR 24.
If the establishment is moving to another address, the applicant must notify this, free of charge, to the General Directorate for Small and Medium-Sized Enterprises. In this case, the applicant will receive a new business permit free of charge.
The applicant can submit his application for a business permit in 3 ways:
The applicant must also submit:
If the applicant has been residing in Luxembourg for more than 10 years, they must demonstrate their professional integrity by:
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:
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.
The applicant must also attach the following documents to his application:
In the event of an online application for a business permit via MyGuichet (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.
Please note 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.
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.
Applicants whose business permit application has been denied by the Minister may, within the legal deadlines:
After obtaining a business permit, the head of a sole proprietorship must:
After obtaining a business permit, the executives(s) of a partnership (SECS, SENC) must:
After obtaining a business permit, the director(s) of a capital company (SA, SARL, SECA, SE) must:
After obtaining a non-definitive copy of the establishment permit, the manager(s) of a simplified limited liability company (SARL-S) must:
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.
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:
Each professional must comply with the following throughout their existence:
Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.