Novelty grace period for industrial design applications in Hungary

Submitted by 页之码 on

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.

专利申请流程

  • Description of Hungarian invention patent application authorization and annual fee

    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%.

  • Features of the Hungarian Utility Model Patent Application Process

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

  • Whether a Hungarian industrial design application can apply for a combined appearance

    yes

  • How long does it take for a Hungarian invention patent application to be granted?

    3 years

  • How long is the PCT deadline for utility model applications in Hungary?

    • 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

  • What are the requirements for the Hungarian invention patent application documents?

    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

  • Features of the Hungarian invention patent application process

    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.

  • Can the priority right of a utility model application in Hungary be restored?

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

  • Novelty Grace Period for Hungarian Invention Patent Application

    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.

  • Features of the Hungarian design patent application process

    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.