Is a Hungarian industrial design application eligible for DAS?

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

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.

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%.

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.

• 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 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.

yes

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

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