Guide for Hungarian patent application process

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Hungary Overview

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Hungary Overview

Hungary is located in Central Europe. It borders Slovakia to the north, Ukraine to the northeast, Austria to the northwest, Romania to the east, Serbia to the south, Croatia to the southwest, and Slovenia to the west. Hungary is a member of the European Union and has a population of about 10 million. Its official language is Hungarian, the most widely spoken language of the Uralic language family. The capital and largest city of Hungary is Budapest.

Hungarian Intellectual Property Legal System

  • Utility Model Protection Law
  • Law on Protection of Trademarks and Geographical Indications
  • Invention Patent Protection Law
  • Design Protection Law

International organizations/agreements

  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Patent Law Treaty
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Trademark Law Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Hague Agreement Concerning the International Registration of Industrial Designs
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Patent Cooperation Treaty
  • Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • Convention Establishing the World Intellectual Property Organization
  • Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
  • Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin on Goods
  • Berne Convention for the Protection of Literary and Artistic Works
  • Madrid Agreement Concerning the International Registration of Marks
  • Paris Convention for the Protection of Industrial Property
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申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

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

Filing Language: Hungarian

via Paris Convention via Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Microorganism preservation certificate and its English translation
  3. Microorganism Survival Certificate and Its English Translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Power of Attorney
  6. small entity declaration
  7. inventor statement
  8. Declaration of Ownership/Certification of Employment/Assignment of priority
  9. Assignment for Patent Right Transfer
  10. Notification issued by CNIPA notify the applicant the application has passed through the security review
  11. IDS Form/IDS Document/prior art

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Enter the US national phase 19/28/34/41 Amendments
  4. Sequence Listing (PDF format and TXT format)
  5. Microorganism preservation certificate and its English translation
  6. Microorganism Survival Certificate and Its English Translation
  7. Power of Attorney
  8. small entity declaration
  9. inventor statement
  10. Declaration of Ownership/Certification of Employment/Assignment of priority
  11. Assignment for Patent Right Transfer
  12. IDS Form/IDS Document/prior art

20 years

  • via Paris Convention : 12 months from earliest priority date
  • via Nationalization of PCT : 31 months from the earliest priority date (Applications may be filed within 3 months of expiry of the 31-month period, subject to payment of additional fees.)
  • Ways to take effect in Europe: within 3 months of the European patent grant announcement date

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.

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.

3 years

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.

Annual Fees: The first annual maintenance fee is due on the date of submission; all subsequent annual fees are due in advance by the due date. The due date for annuity payments is the anniversary of the filing date. Annuitys due before the publication of the application shall be paid within a grace period of 6 months from the date of publication. Annuitys due prior to the grant of a patent granted on the basis of an application deemed to be confidential data may also be paid within a grace period of six months from the effective date of the decision to grant the patent, while all other annual fees may also be paid within Payment within a grace period of six months from the due date. There are no surcharges for annuities paid during the first three months of the grace period. From the fourth month onwards, the surcharge is 50%.

Yes (reason: due care), a request for restoration of rights can be filed within 2 months from the date of removal of the obstacle

no

Name of Patent Office

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

Filing Language: Hungarian

via Paris Convention via Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Microorganism preservation certificate and its English translation
  3. Microorganism Survival Certificate and Its English Translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Power of Attorney
  6. small entity declaration
  7. inventor statement
  8. Declaration of Ownership/Certification of Employment/Assignment of priority
  9. Assignment for Patent Right Transfer
  10. Notification issued by CNIPA notify the applicant the application has passed through the security review
  11. IDS Form/IDS Document/prior art

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Enter the US national phase 19/28/34/41 Amendments
  4. Sequence Listing (PDF format and TXT format)
  5. Microorganism preservation certificate and its English translation
  6. Microorganism Survival Certificate and Its English Translation
  7. Power of Attorney
  8. small entity declaration
  9. inventor statement
  10. Declaration of Ownership/Certification of Employment/Assignment of priority
  11. Assignment for Patent Right Transfer
  12. IDS Form/IDS Document/prior art

10 years

  • via Paris Convention : 12 months from earliest priority date
  • via Nationalization of PCT : 31 months from the earliest priority date (Applications may be filed within 3 months of expiry of the 31-month period, subject to payment of additional fees.)
  • Ways to take effect in Europe: within 3 months of the European patent grant announcement date

Utility models in Hungary are subject to formal and substantive examinations, but not novelty and inventive steps.

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.

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.

Yes (reason: due care), a request for restoration of rights can be filed within 2 months from the date of removal of the obstacle

no

Name of Patent Office

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

Filing Language: Hungarian

Necessary documents:

  1. Exterior Design Picture (Six Views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Power of Attorney
  3. Certified Priority Document
  4. small entity declaration
  5. inventor statement
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. IDS Form/IDS Document/prior art

25 years

via Paris Convention : 6 months from earliest priority date

Design applications in Hungary are examined automatically by the Office. The review process includes formal review and substantive review. The patent office will also conduct a novelty search and send the results to the applicant.

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.

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.

8 months

Yes (reason: due care), a request for restoration of rights can be filed within 2 months from the date of removal of the obstacle

no

yes

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