HUNGARY

• INTERNATIONAL TREATIES TO WHICH HUNGARY IS SIGNATORY

  • International Treaties to which Hungary is a signatory:

    • Paris Convention for the protection of Industrial Property
    • Patent Co-operation Treaty – PCT.
    • European Patent Convention.
    • Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• PATENT LEGISLATION IN HUNGARY

  • The Hungarian legal system follows the Civil Law model.

    Patents in Hungary are Protected by ‘The Act On The Protection of Inventions By Patents – 1995’.

    Patents are granted by The Hungarian Patent Office – HIPO

• BASICS REGARDING PATENTABILITY OF INVENTIONS IN HUNGARY

  • Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention.

    For an Invention to be patentable, it should contain the following:

    (i).Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.

    (ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.

    (iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agricultur

• INVENTIONS NOT PATENTABLE IN HUNGARY

  • Inventions pertaining to the following:

    • Discoveries, Scientific Theories & Mathematical methods.
    • Aesthetic creations.
    • Substances already existing in nature and nuclear materials.
    • Charts
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    • Inventions contrary to public order & morals.
    • Methods of treatment by surgery or therapy on humans and animals.
    • Prejudicial to the Interests or Security of the Nation.

    PartityPatents Law Firms through its associates in Hungary is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN HUNGARY

  • (i). A formal request for the grant of a patent of invention .

    (ii). The name and address or head office of the applicant or his representative .

    (iii). Short adequate Title of the Invention to be patented.

    (iv). Summary of the invention and Priority data if any.

    (v). Description of the invention along with drawings if any.

    (vi). Claims along with Abstract

    (vii). Drawings necessary to understand the invention.

    (viii). Application & Documents in Hungarian.

• EXAMINATION OF THE PATENT APPLICATION IN HUNGARY
  • • Once the application is filed, the application is examined for compliance requirements. Any deficiencies to be rectified by the applicant within stipulated time else, application abandoned.
    • Application is then examined for formality requirements. If any deficiencies found, applicant to rectify the same within stipulated time line else, application is terminated.
    • Post formalities examination, a preliminary examination is conducted to ascertain deficiencies if any in the application and applicant to comply with rectifications within timelines else, application deemed abandoned.
    • Application is then published and substantive examination carried out at the request of the applicant.
    • Prior to granting the patent, HIPO transmits the text of the description, claims, drawings on which the patent is to based to the applicant who may indicate approval within 3 months or comment upon it and which will be taken up during patent grant
    • Patent granted and then certificate issued accordingly. Application is also examined for the following:
    • The invention’s patentability.
    • The patent application’s unitary features.
    • Correctness of the Priority claimed.
    • The invention’s compliance with the patentability conditions.
    • Scientific & Technical aspects.

    Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.

    Patent Validation comprises of certain formalities and requirements per national laws of the designated country.

    Parity Patent Attorneys and Associate Law Firms in Hungary are at hand to help and assist you with Patent Validation.

• RIGHTS OF THE PATENTEE IN HUNGARY

  • TERM AND KINDS OF PATENTS GRANTED IN HUNGARY :

    • Patents with a term of 20 yrs.
    • Utility Models with a term of 10 yrs.

    (i) Patents confer on its holders and successors an exclusive right to work the invention.

    ii) Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .

    iii) Patentee may authorise the working of the patent either by a manufacturer or by an importer.

    iv) Patentee may even assign, lease or licence the patent.

    v) Patentee is entitled to take legal action against infringers.

• COMPULSORY LICENCES OF PATENTS IN HUNGARY

  • A period of 3yrs. must have elapsed since the grant of the patent or a period of 4yrs. since the filing date of the patent application.

    Compulsory licenses by way of Administrative Acts are granted in the event the patent concerning public health and national defense has not been exploited in Hungary. Further:

    (i). When the recent invention can only be used by violating an older patent and the more recent one represents an important technical progress of considerable economic importance, compared to the older patent;

    (ii). Patent is not used adequately in the home market whereby, the use is effected by imports, and the patentee has not undertaken anything necessary to counter the effects of such usage;

    (iii). Public Interest demands, national emergencies and such other unforeseen circumstances so require.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Hungary, can assist you comprehensively with Compulsory Licence matters.

• PATENTS Cost of Registration in HUNGARY