Patent attorney

This page was last modified on 25-04-2018

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 professional operating under his own name, or the company he runs) if:

  • the business manager meets the legal requirements in terms of qualification and professional integrity;
  • and the business has a fixed physical establishment in Luxembourg (no so-called 'letterbox companies').

The General Directorate for SMEs and Entrepreneurship will verify that these provisions are complied with at the time the application for a business permit is submitted.

The legal form of the business will determine the type of registration/affiliation that is required before it can begin its activity.

Patent attorneys who are legally established on the territory of the Swiss Confederation or in a country of the European Economic Area (EEA) may provide temporary and occasional services in Luxembourg without business permit and without giving prior notification.

Forms / Online services

Carry out your procedure:

Who is concerned

The profession of independent 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

In order to justify the qualifications required to become a patent attorney, business managers must have:

  • a Master's degree in scientific, technical or legal studies or equivalent (issued by a higher education establishment recognised by the State in which the establishment is located and registered in the register of certificates);
  • professional experience of 3 years with a patent attorney established in Luxembourg or in another EU Member State;
  • and a certificate of successful completion of the national supplementary exam on Luxembourg patent legislation and the BENELUX convention on intellectual property.

Preliminary steps

If the manager intends to operate an establishment where some of the activities/installations have not yet been authorised, he must apply for an operating permit for classified establishments.

Examples of activities/installations that are subject to authorisation:
  • worksites and development works;
  • garages, covered car parks;
  • office buildings;
  • elevators, service lifts;
  • work processes, establishments or projects that may cause substantial neighbourhood annoyance or specific hazards to the safety and health of employees, etc.
The application procedure for operating permits for classified establishments may take several months.
It is therefore recommended to submit the application at the very beginning of the project.

How to proceed

Business permit application in Luxembourg

Documentary proof of qualification

In order to provide proof of the professional qualification of patent attorney, business managers must attach the following to their business permit application:

  • a copy of his degree or final secondary school diploma;
  • a copy of the ministerial order of registration in the register of certificates;
  • a copy of their certificate proving that they passed the supplementary exam;
  • in the case of professional experience in another European Union country: a certificate (European certificate of experience or equivalent) delivered by the competent authority or body of the country of origin (generally a professional association)
  • in the case of professional experience in Luxembourg: a certificate of affiliation to the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS).

Documents attesting to professional integrity

In order to provide proof of professional integrity, applicants must attach the following to their business permit application:

  • applicants residing in Luxembourg for more than 10 years:
  • applicants who do not reside in Luxembourg or have been residing in the country for less than 10 years:
    • an affidavit (sworn statement);
    • a declaration of non-bankruptcy made before a notary;
    • an extract from the police records or equivalent issued by the State in which the applicant has resided during the 10 years prior to the application.

Other documents to be submitted with the application

The following documents must also be attached to the business permit application:

  • a copy of the manager's identity card;
  • proof of payment of stamp duty (droit de chancellerie), in the form of:
    • either a tax stamp, value EUR 24, purchased at the Indirect Tax Authority (AED) ;
    • or the proof of payment of EUR 24 into the IBAN account LU09 1111 7026 5281 0000, BIC code: CCPLLULL of the Diekirch Revenue Office, with the following communication: 'autorisation de commerce';
  • in the event of an application for a business (legal person), the company's articles of association which have been filed with the Trade and Companies Register.

In the event of an online application for a business permit via MyGuichet (with a Luxtrust card), the system will automatically generate the list of supporting documents to be attached to the application and which may vary depending on the data entered by the applicant.

Managers who run their business as a sole proprietorship can collect their business permit at the Joint Social Security Centre (CCSS).

Managers who run their business as a company (partnership / capital company) will receive their business permit by post.

Registrations/affiliations depending on the legal form of the company

After the business manager has received the business permit, he must carry out various administrative procedures which depend on the legal form of business chosen.

Sole proprietorship

In the case of a sole proprietorship, the business manager has to:

Partnerships (SENC, SECS)

In the case of a partnership (SECS, SENC), the business managers have to:

Capital companies (SA, SARL, SECA, SE)

In the case of a capital company (SA, SARL, SECA, SE), the business managers must:

Who to contact

Ministry of the Economy

B.P. 535 - L-2937 - Luxembourg
Luxembourg
Phone: (+352) 247-74700
Fax: (+352) 247-74701
Email info.pme@eco.etat.lu

Opening hours
The telephone helpline is open Monday to Friday, from 13.00 to 17.00 (not on public holidays).
Ministry of the Economy
19-21, boulevard Royal
L-2449 - Luxembourg
Postal box L-2914
Luxembourg
Phone: (+352) 247-84113
Fax: (+352) 22 26 60
Email dpi@eco.etat.lu

5, avenue des Hauts-Fourneaux
L-4362 - Esch-sur-Alzette
Luxembourg
Phone: (+352) 43 62 63-1
Fax: (+352) 43 81 20
Email info@luxinnovation.lu