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.
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
- 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
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.
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.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.
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.Filing Language: Hungarian
Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Certified Priority Document
- Power of Attorney
- Certified Priority Document
- small entity declaration
- inventor statement
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- IDS Form/IDS Document/prior art
no
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.
Utility models in Hungary are subject to formal and substantive examinations, but not novelty and inventive steps.