Patent application

A patent is a form of legal protection that can be obtained for inventions. Patent protection can be granted for an invention if it is globally new, if it is not obvious in the relevant field of technology and if its operation can be described by precise technical parameters.

Patent protection can be obtained for a specific territory and lasts for 20 years, after which the invention becomes part of the public domain. The patent owner has the exclusive right to exploit the invention or grant permission to someone else for exploiting the invention.

Kulcsszavak: innovation, intellectual property, invention, patent, application, formal examination, novelty search, publication, written opinion, substantive examination

Any natural or legal person or its authorized representative.

The patent granting procedure shall be initiated by filing a patent application containing the description of the technical solution.

The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)

Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.

In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.

Identification can be done in the following ways:

User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.

Electronic signature with enhanced security is a minimum requirement.

When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.

It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.

The filing procedure is as follows:

1. Download the form to your device. Filling out the form in a web browser is not recommended.

2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.

3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.

The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.

4. Indicate that you really intended to compile this submission, or look at the HTML submission summary.

The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.

For more information on filing a patent application, the granting procedure, and other patent procedures, visit:

https://www.sztnh.gov.hu/en/patent

There is no administration deadline defined in the applicable laws. The administrative deadlines laid down in the Act on General Public Administration Procedure do not apply nor do apply the provisions of the Act on General Public Administration Procedure which set a deadline for other measures of the acting authority.

The HIPO publishes the patent application that complies with the requirements defined by the law after 18 months, thus creating a provisional patent protection with a retroactive effect to the date of application.

The patent application filed with the Hungarian Intellectual Property Office shall contain at least:

Application and search fee: HUF 37,400

Additional fee per claim:

from claim 11 to claim 20: HUF 1,900

from claim 21 to claim 30: HUF 3,800

from claim 31: HUF 5,600

Fee for a research report supplemented with a written opinion: HUF 30,800

Fee for a search report supplemented with a written opinion in accelerated procedure: HUF 61,600

Examination fee: HUF 63,800 (in case of a written opinion: HUF 44,000)

Granting fee: HUF 35,200 (for the 6th and each page in excess of six of the description and the drawings: HUF 3500 per page)

Maintenance fee:

Year 1

HUF 17,600

Year 11

HUF 148,500

Year 2

HUF 17,600

Year 12

HUF 148,500

Year 3

HUF 17,600

Year 13

HUF 154,000

Year 4

HUF 88,000

Year 14

HUF 154,000

Year 5

HUF 110,000

Year 15

HUF 154,000

Year 6

HUF 148,500

Year 16

HUF 154,000

Year 7

HUF 148,500

Year 17

HUF 159,500

Year 8

HUF 148,500

Year 18

HUF 159,500

Year 9

HUF 148,500

Year 19

HUF 165,000

Year 10

HUF 148,500

Year 20

HUF 165,000

 

The fees for the procedure shall be paid to budgetary account No. 10032000-01731842 of the HIPO kept with the Hungarian State Treasury by bank transfer or money order, with the indication of the identifying data (reference number or registration number) and the purpose (legal title).

Hungarian Intellectual Property Office

The procedure for reviewing the decisions of the HIPO falls within the competence and exclusive jurisdiction of the Budapest-Capital Regional Court. Review of a decision may be requested by any party to the procedures before the HIPO, any person excluded from, or limited in, the inspection of files or any person whose legal status as a party to the procedure has been denied. Other participants in the proceedings before the HIPO may, in their own right, file an independent request for review against the relevant provision of the decision or the decision concerning them. The deadline for submitting a request for reviewing the decision is 30 days from the date of notification of the decision to the party or other party to the proceedings. The request shall be filed with the HIPO, but it shall be addressed to the Budapest-Capital Regional Court. A fee of HUF 10,500 must be paid when filing the request, in the case of electronic submission by bank transfer.

In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law in all patent matters.

This provision shall not apply if the foreigner is a natural person or a legal entity whose permanent residence or domicile is in the territory of a Member State of the European Economic Area.

Please also be advised that the language of proceedings before the HIPO is Hungarian.

Further information is available at https://www.sztnh.gov.hu/en/client-service

Act XXXIII of 1995 on the protection of inventions by patents

Decree No. 20/2002. (XII. 12.) IM on the detailed formalities for patent applications, documents filed in relation to European patent applications, European patents and international patent applications and for applications for plant variety protection

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

SZTNH