Utility models in Hungary are subject to formal and substantive examinations, but not novelty and inventive steps.
Hungarian Intellectual Property Office
English: Hungarian Intellectual Property Office, abbreviation: HIPO
URL: http://www.hipo.gov.hu/en
Hungarian Patent Search: epub.hpo.hu/e-kutatas/?lang=EN
yes
25 years
no
The patent grant procedure is divided into two separate stages:
- The first stage is the formality examination stage, from the filing of the patent application to the publication of the patent application.
- The second stage is the substantive examination stage after publication. If the application meets the formal requirements, the Hungarian Patent Office will manage the filing date and perform a novelty search. The request for substantive examination can be made at the time of filing the application or at the latest within 6 months from the date of publication of the search report in the Official Gazette.
Grant fee: After deciding to grant the patent, the Hungarian Patent Office sends the text of the description, Claim and drawings to the applicant, and the applicant has three months to confirm the text or propose amendments. The granted fee should be paid within 3 months of receiving the granted decision.
In addition to the application fee, there are no official granted fees to pay. A registered industrial design in Hungary is valid for five years from the filing date. A design registration can be renewed four times for a period of five years, with a maximum term of protection of 25 years from the filing date. The application for renewal shall be submitted within 6 months before the expiration of the validity period or within the grace period for another 6 months.
In Hungary, the following disclosures provide for a novelty grace period of 12 months:
- Disclosures resulting from abuse related to the applicant or his legal predecessors;
- the disclosure was made by the applicant, his predecessor or a third party (if the information was provided by the applicant or his predecessor).Furthermore, if the design is disclosed to a third party under conditions of confidentiality, the disclosure will be disregarded.
10 years
The novelty grace period in Hungary is 6 months before the filing date if disclosure occurs:
- due to abuse of the rights of the applicant or his predecessors;
- because the applicant or the predecessor of the right holder has exhibited the invention at an exhibition duly recognized by the Hungarian Intellectual Property Office.