Hungarian Patent Office
- Q1 Filing Date
- Q2 Reliresentation
- Q3 Forms and Means of Communications
- Q4 Relief in Resliect of Time Limits
- Q5 Reinstatement of Rights
- Q6 Restoration of liriority Rights Where the Filing of the Subsequent Alililication was Delayed
- Q7 Restoration of liriority Rights Where the Filing of a Coliy of the Earlier Alililication was Delayed
- Q8 Request for Recordation of Change in Name or Address
- Q9 Request for Recordation of Change in Alililicant or Owner
- Q10 Request for Recordation of a License or a Security Interest
- Q11 Request for Correction of a Mistake
Q1: Filing date
Q1-1 For the purpose of obtaining a filing date, an applicant may file an application on paper or “as otherwise permitted by the Office”. If your Office accepts applications filed in a form or by a means other than on paper, for the purpose of the filing date (for example, on-line filing), please provide a brief explanation regarding the acceptable form or means, and describe whether such form or means, for the purpose of the filing date, are different from the form or means applicable to applications accepted by your Office for the purpose of processing the application after according the filing date.
[Reference: PLT Article 5(1)(a)]
A1-1 The Hungarian Patent Office (HPO) accepts patent applications filed on-line as of 1 July 2007. A patent application may only be filed electronically by using an electronic form drawn up by the HPO for this purpose. Applicants may initiate electronic applications only following a preliminary registration: advanced electronic signature or establishment of a client's gate at www.hungary.hu
On receipt of the patent application filed in electronic form, the HPO sends the applicant an automatic notification containing an electronic receipt number. After receipt of the patent application filed in electronic form, the HPO immediately examines whether it meets the legal requirements relating to electronic administration. In the case of electronic filing, the patent application is considered to have been filed when the automatic notification of the electronic receipt was sent to the applicant, except where the HPO establishes that the document received is not interpretable and notifies the party thereof by electronic mail. The party sending the not interpretable document is obliged to acknowledge receipt of the notification. If the party does not acknowledge receipt of the notification within fifteen days, the Hungarian Patent Office shall forward it to him by post.
Further procedural actions may not be taken in electronic form in the patent granting procedure.
Detailed rules of the electronic filing of patent applications are laid down by special legislation.[Government Decree 147/2007. (VI. 26.) Korm on the detailed rules concerning electronic filing of certain documents in industrial property procedures].
Q1-2 Does your Office accept a drawing as the element referred to as “a part which on the face of it appears to be a description” in PLT Article 5(1)(a)(iii)?
[Reference: PLT Article 5(1)(b)]
A1-2 Yes.
Q1-3 For the purpose of according the filing date, a Contracting Party may require information allowing the identity of the applicant to be established or information allowing the applicant to be contacted by the Office, or the both. What is the requirement of your country?
(a) Information allowing the identity of the applicant to be established
(b) Information allowing the applicant to be contacted by the Office
(c) Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.
[Reference: PLT Article 5(1)(c)]
A1-3 Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.
Q1-4 Does your Office accept evidence allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office as the element referred to in PLT Article 5(1)(a)(ii) (“indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office”)?
[Reference: PLT Article 5(1)(c)]
A1-4 No.
Q1-5 For the filing date to be determined under PLT Article 5(6)(b), which of the optional elements referred to in PLT Rule 2(4) are required by your Office?
(a) A copy of the earlier application
(b) A copy of the earlier application and its filing date, certified as correct
(c) A translation of the earlier application
(d) The missing part of the description or missing drawing must be completely contained in the earlier application
(e) The application must contain an indication that the contents of the earlier application were incorporated by reference
(f) An indication as to where the missing part of the description or the missing drawing is contained in the earlier application or in the translation.
[Reference: PLT Rule 2(4)]
A1-5 - A copy of the earlier application
- A translation of the earlier application
- The missing part of the description or missing drawing must be completely contained in the earlier application
- An indication as to where the missing part of the description or the missing drawing is contained in the earlier application or in the translation.
Q1-6 For a reference to a previously filed application to replace the description and any drawing for the purpose of the filing date under PLT Article 5(7), which of the requirements referred to in PLT Rule 2(5) are required by your Office?
(a) The reference to a previously filed application must indicate the filing date of the previously filed application
(b) A copy of the previously filed application
(c) A copy of the previously filed application, certified as correct
(d) A translation of the previously filed application
(e) The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title
[Reference: PLT Rule 2(5)]
A1-6 - A copy of the previously filed application
- A translation of the previously filed application
Q2: Representation
Q2-1 In addition to the procedures referred to in PLT Article 7(2)(a) and (b), are there any procedures before the Office that an applicant, owner or other interested person may carry out himself without, for example, a local representative? If yes, please list those procedures.
[Reference: PLT Article 7(2)]
A2-1 No other procedure is applicable. However, those applicants, owners or other interested persons whose domicile or seat is located in the territory of a Member State of the European Economic Area are not obliged to appoint local representatives.
Q2-2 Where a single power of attorney relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single power of attorney be filed for each application and patent?
[Reference: PLT Rule 7(2)(b)]
A2-2 Yes
Q3: Forms and Means of Communications
Q3-1 Does your Office permit the filing of communications by telegraph, teleprinter, telefacsimile or other similar means of transmittal? If yes, does your Office require that the original of such communication, accompanied by a letter identifying the earlier transmission, be filed on paper?
(a) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is not permitted
(b) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is required
(c) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is not required
[Reference: PLT Rule 8(2)(c)]
A3-1 The filing of communications by telegraph, teleprinter, telefacsimile etc. is not permitted.
Q4: Relief in Respect of Time Limits
Q4-1 Which form of relief in respect of time limits does your Office provide?
[Reference: PLT Article 11(1), (2) and (4)]
A4-1 Extension of time limits requested prior to the expiration of the time limit
Time limit to file a request for extension: 1st extension: 2-4 months, further requests for extensions or extension of more than
4 months (maximum of 6 months) are allowed only in exceptional cases.
Amount of fee: 1st extension: HUF 4,800; 2nd: HUF 8,500; 3rd or further: HUF 16,000
Continued processing
Time limit to file a request for continued processing: within 2 months from the date of notification of the decision taken due
to the failure.
Time limit to comply with the unfulfilled requirement: at the same time as the request for continued processing
Amount of fee: the fee, which will be HUF 35,000 is not yet in force.
Q4-2 Which actions are excluded from the relief as described in A4-1?
[Reference: PLT Article 11(3) and Rule 12(5)]
A4-2 Extension of time is not allowed where the time limit is set by Act XXXIII of 1995 on the protection of inventions by patents itself (statutory time limit). Continued processing is excluded in case of statutory time limits, revocation procedures, procedures on the declaration of non-infringement and in procedures on compulsory licenses (the Doha framework).
Q5: Reinstatement of Rights
Q5-1 Under which circumstance does your Office reinstate the rights of the applicant or owner as referred to in PLT Article 12? In addition, please provide a brief explanation of the applicable standard.
[Reference: PLT Article 12(1)]
A5-1 Failure to comply with the time limit occurred in spite of due care required by the circumstances having been taken.
It is is necessary for the applicant or owner to supply evidence that he had exercised all due care required by the circumstances and that the delay was caused by unforeseeable factors (e.g., the applicant's working documents have been destroyed by fire and he has been obliged to prepare new ones, another example is a sudden illness). The department competent to decide on the omitted act decides upon the application for reinstatement of rights.
Q5-2What is the time limit for making a request for reinstatement of rights?
[Reference: PLT Rule 13(2)]
A5-2 The request shall be filed within 2 months from the missed deadline. If the failure to comply became known to the party subsequently or the cause thereof was removed subsequently, the time limit shall be reckoned from the date on which the failure to comply became known or the cause thereof was removed. The request shall only be admissible within 12 months of the missed deadline.
Q5-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 12(3)]
A5-3 No
Q5-4 Which actions are excluded from the reinstatement of rights?
[Reference: PLT Article 12(2) and Rule 13(3)]
A5-4 Reinstatement of rights is excluded in case of the deadlines for filing requests for reinstatement of rights and continued processing, and in the case of deadlines for claiming priority and correcting priority statements. No reinstatement of rights may be requested if continued processing is available.
Q6: Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
Q6-1 Under which circumstance does your Office restore the right of priority where the subsequent application was not filed within the priority period?
[Reference: PLT Article 13(2)]
A6-1 Failure to file the subsequent application within the priority period occurred in spite of due care required by the circumstances having been taken.
Q6-2 In order to restore the right of priority, what is the time limit within which the subsequent application shall be filed?
[Reference: PLT Rule 14(4)]
A6-2 Two months from the expiry of the priority period.
Q6-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A6-3 No
Q7: Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
Q7-1 In order to restore the right of priority where a copy of the earlier application was not filed within the time limit, does your Office require a declaration or other evidence in support of the request for restoration of priority rights?
[Reference: PLT Article 13(3) and Rule 14(6)(b)]
A7-1 Yes.
Q7-2 Where the filing date of a copy of the earlier application was delayed (for example, a copy of the earlier application has not been filed within 16 months from the priority date), in order to enjoy restoration of priority right, what is the time limit within which such delayed copy of the earlier application shall be filed?
[Reference: PLT Rule 14(6)(b)]
A7-2 (same as A5-2) The copy of the earlier application shall be filed within 2 months from the removal of the cause of non-compliance with the time limit, and not later than one year following the expiry of the time limit (16 months from the priority date).
Q7-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A7-3 No
Q8: Request for Recordation of Change in Name or Address
Q8-1 Where a single request for recordation of change in name or address relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 15(3)(b)]
A8-1 Yes
Q9: Request for Recordation of Change in Applicant or Owner
Q9-1 Does your Office require the following elements to be contained in the request for recordation of change in applicant or owner?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest
[Reference: PLT Rule 16(1)(b)]
A9-1 Not applicable
Q9-2 Which documentation relating to the basis of the change is required by your Office under the following circumstances?
[Reference: PLT Rule 16(2)(a) to (c)]
A9-2 The change results from a contract: copy of the contract or of the part of the contract that is relevant.
The change results from a merger or from the reorganization or division of a legal entity: certified extract from the company register.
The change results from any other ground (e.g. by operation of law or a court decision): copy of the relevant law or court decision.
Q9-3 Where the change in applicant or owner is in the person of one or more but not all of several co-applicants or co-owners, does your Office require that evidence of the consent of the other co-applicants or co-owner to the change be provided to the Office?
[Reference: Rule 16(2)(d)]
A9-3 No.
Q9-4 Where a single request for recordation of change in applicant or owner relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 16(5)]
A9-4 Yes
Q10: Request for Recordation of a License or a Security Interest
Q10-1 May a license or a security interest in respect of a patent application or a patent be recorded under the law of your country?[Reference: PLT Rule 17(1)]
A10-1 Recordation of a license Yes
Recordation of a security interest No
If one or both of the answers is(are) “Yes”, please proceed to Q10-2. If both answers are “No”, please skip to Q11.
Q10-2 Does your Office require the following elements to be contained in the request for recordation of a licence (or a security interest)?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest by your country
(c) Information relating to the registration of the license (security interest)
(d) The date of the license (security interest) and its duration
[Reference: PLT Rule 17(1)(b)]
A10-2 - Information relating to the registration of the license
- The date of the license and its duration
Q10-3 Which documentation relating to the basis of the license (or security interest) is required by your Office under the following circumstances?
[Reference: PLT Rule 17(2)]
A10-3 The license is a freely concluded agreement: a copy of the agreement or its relevant part
The license is not a freely concluded agreement (ex. operation of law or a court decision): relevant court decision
Q10-4 Where the licence (or security interest) is a freely concluded agreement, does your Office require that any applicant, owner, exclusive licensee, co-applicant, co-owner or co-exclusive licensee who is not party to that agreement give his/her consent to the recordation of the agreement?
[Reference: Rule 17(2)(d)]
A10-4 No.
Q10-5 Where a single request for recordation of a license (or security interest) relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 17(5)]
A10-5 Yes
Q11: Request for Correction of a Mistake
Q11-1 Does your Office prescribe the following requirements with respect to a request for correction of a mistake?
(a) The request shall be accompanied by a replacement part or a part incorporating the correction
(b) The request shall be subject to a declaration by the requesting party stating that the mistake was made in good faith
(c) The request shall be subject to a declaration by the requesting party stating that such request was made without undue delay following the discovery of the mistake
(d) The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake
[Reference: PLT Rule 18(1)(b) to (d)]
A11-1 The request shall be accompanied by a replacement part or a part incorporating the correction
Q11-2 Where a single request for the correction of a mistake relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 18(3)]
A11-2 Yes
[End of questionnaire]
March 2008