Can the priority right of a Hungarian invention patent application be restored?

Submitted by 页之码 on

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

专利申请流程

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

  • 10 years

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

  • 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.

  • no

  • 20 years

  • 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
  • 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.