Features of the Hungarian Utility Model Patent Application Process

Submitted by 页之码 on

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

专利申请流程

  • 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.

  • Novelty grace period for industrial design applications in Hungary

    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.

  • Which is the Hungarian utility model application patent authority?

    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

  • 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

  • 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.

  • Is a utility model application in Hungary eligible for DAS?

    no

  • How long is the protection period for utility model applications in Hungary?

    10 years

  • Can Hungarian industrial design priority 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

  • Hungarian utility model application authorization and annual fee instructions

    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.