HU - Hungary
Hungarian Intellectual Property Office (HIPO)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Hungarian Intellectual Property Office (HIPO)
HPL: Hungarian Law on the Protection of Inventions by Patents, Law No. XXXIII of 1995
HUML: Hungarian Law on Utility Model Protection, Law No. XXXVIII of 1991
List of currencies used in this document:
HUF (Hungarian forint)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 64(5), Rule 23bis.2(e)
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Hungary
Two-letter code:
HU
Hungary - Hungarian Intellectual Property Office (HIPO)
Name of Office:
Hungarian Intellectual Property Office (HIPO)
Location:
II. János Pál pápa tér 7
1081 Budapest
Hungary
Mailing address:
P.O. Box 415
1438 Budapest
Hungary
Telephone:
(36-1) 312 44 00
E-mail:
sztnh@hipo.gov.hu
Website:
Facsimile:
(36-1) 331 25 96
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, within 14 days from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application
No, only upon invitation in the case of other documents
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
EP
European Patent Organisation - European Patent Office (EPO)
, 
HU
Hungary - Hungarian Intellectual Property Office (HIPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
National protection: HU
European patent: EP
Types of protection available via the PCT:
National:
Patents
Utility models (a utility model may be sought instead of a national patent)
European:
Patents
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
The international application made available to the public shall obtain temporary protection, under paragraphs (1) and (2) of PCT Article 29, as from the day on which the issue of the Official Gazette of the Hungarian Intellectual Property Office (HIPO) containing the announcement of the publication of the Hungarian translation of the international application has come out. This date, until the contrary is proved, is the day of publication indicated in the Official Gazette. On the basis of the temporary protection, the applicant may, however, proceed against the unauthorized exploitation of the invention but the procedure shall be suspended until a decision of legal force is made for the grant of a patent.
Where the designation is made for the purposes of a European patent:
The provisional protection shall be effective in Hungary as from the day on which the Hungarian Intellectual Property Office (HIPO) publishes an announcement of the filing of the translation of the claims into Hungarian.
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later but must be given within 31 months from the priority date. This requirement can also be fulfilled within three months from the last day of the said time limit subject to the payment of an additional fee provided for under the national law. If not complied with within the prescribed time limits, the international application shall have no effect in Hungary.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Hungary
Language in which international applications may be filed:
If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annnex D), the applicant will have to furnish a translation (refer to PCT Rule 12.3)
If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a))
English, 
French, 
German, 
Hungarian
Language accepted for language-dependent free text in the sequence listing:
Same language as the international application (English, French, German or Hungarian)
Language in which the request may be filed:
English, 
French, 
German
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 28 May 2015, pages 85 et seq. and 29 June 2023, page 139.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “due care” criterion to such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
, 
XV
Visegrad Patent Institute - Visegrad Patent Institute (VPI)
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
, 
XV
Visegrad Patent Institute - Visegrad Patent Institute (VPI)
Fees payable to the receiving Office:
Transmittal fee:
11,800 HUF
International filing fee:
518,700 HUF
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
5,900 HUF
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
78,000 HUF
Electronic filing (the request, description, claims and abstract in character coded format):
117,000 HUF
Search fee:
Refer to
Annex D(EP)
Annex D(XV)
Fee for priority document (PCT Rule 17.1(b)):
per page 300 HUF
per document, plus 3,000 HUF
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
Please refer to the Office
Is an agent required by the receiving Office?
No
Who can act as agent?
Any authorized representative, such as a Hungarian patent attorney or attorney-at-law or registered European patent attorney
The list of registered patent attorneys is available on the website of the Hungarian Chamber of Patent Attorneys (HCPA) at:
http://www.szabadalmikamara.hu/Index.aspx?MN=Tagok_MindenTag&;LN=English
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
At the time of filing for notification of the fact that a deposit was made on or before the filing date
— any additional indications:
None
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, the characteristics of the microorganism and a taxonomic description
Additional information
Deposits may also be made for the purposes of patent procedure before the Hungarian Intellectual Property Office (HIPO) with “any internationally well-known depositary institution in case of reciprocity.”

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Hungarian
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Patents
Where the Office is a designated Office:
37,400 HUF
— for the 11th to the 20th claim
per claim, plus 1,900 HUF
— for the 21st to the 30th claim
per claim, plus 3,800 HUF
— for each claim in excess of 30
plus 5,600 HUF
Where the Office is an elected Office:
HUF 18,700
— for the 11th to the 20th claim
per claim, plus 950 HUF
— for the 21st to the 30th claim
per claim, plus 1,900 HUF
— for each claim in excess of 30
plus 2,800 HUF
Utility models
18,700 HUF
— for each claim in excess of 10
plus 1,200 HUF
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 1
Declaration of assignment where the applicant is not the inventor 2
Appointment of an agent if the applicant has neither a residence nor his principal place of business within the territory of the European Union or in a State party to the Agreement on the European Economic Area 3
Who can act as agent?
Any authorized representative, such as a Hungarian patent attorney or attorney-at-law or registered European patent attorney
The list of registered patent attorneys is available on the website of the Hungarian Chamber of Patent Attorneys (HCPA) at:
http://www.szabadalmikamara.hu/Index.aspx?MN=Tagok_MindenTag&;LN=English
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

HU.01 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
HU.02 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex HU.I.
HU.03 DECLARATION OF ASSIGNMENT
HPL Art. 8(1)
For details, refer to the model of such declaration (not an official form) in Annex HU.II. Legalization is not required. For time limits, refer to the Summary.
HU.04 APPOINTMENT OF AGENT
HPL Art. 51(2)
Foreign applicants (natural persons or legal entities not having permanent residence or domicile in the territory of a Member State of the European Economic Area) shall be represented by an authorized patent attorney or an attorney-at-law in all patent matters before the Office. An agent must be appointed by filing a power of attorney. A model is given in Annex HU.III.
HU.05 SUPPLEMENTARY HUNGARIAN SEARCH REPORT (IN CASE OF LACK OF UNITY OF INVENTION)
HPL Art. 84/S, HPL Art. 84/S(7), HPL Art. 84/S(8), HPL Art. 84/S(9)
Where a part of the international application was not subjected to international search, the applicant must, within three months from the date of furnishing a Hungarian translation of the international application, pay the additional fee for search (refer to Annex HU.I); otherwise the parts not searched will be considered withdrawn.
HU.06 DRAWINGS ILLUSTRATING THE INVENTION
PCT Art. 7(2)(ii), HPL Art. 57(2), HPL Art. 57(3), HPL Art. 68, HPL Art. 84/Z (1)
Upon special invitation by the Office during patent examination the applicant must furnish drawings illustrating the invention, even where they are not necessary for the understanding of the invention, but the nature of the invention admits of illustration by drawings.
HU.07 ANNUAL FEES
HPL Art. 70, HPL Art. 23
The international application is published by the Office as soon as possible following the filing of the Hungarian translation of the international application. By the date of that publication, of which the applicant is informed by the Office, annual fees must be paid for each year which has lapsed since the international filing date. Annual fees for subsequent years must be paid in advance and are due on the anniversary of the international filing date. Payment can still be made within six months from the due date. The amounts of the annual fees are indicated in Annex HU.I.
HU.08 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, HPL Art. 72
The applicant may make amendments to the description, claims and drawings until the day on which the decision on the grant of the patent is delivered. The amendments should not go beyond the content of the application as filed. Any amendment during the national phase is subject to the payment of an amendment fee (refer to Annex HU.I).
HU.09 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, HPL Art. 84/Z (3)
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, a request for rejudgment of that decision may be filed within 30 days from the date of the notification of this decision. The Budapest-Capital Regional Court (Fóvárosi Törvényszék) will then decide that request.
HU.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
HU.11
HPL Art. 48
Certain time limits are prescribed by the law; these shall not be extended and their non-observance involves legal consequences without notice. Time limits not prescribed by the law are fixed by the Office; these time limits of at least two months, but not more than four months, may be extended by at least two months, but not more than four months upon request and payment of a fee for extension of time limits (refer to Annex HU.I). Further extensions of the time limit and an extension of more than four months, but not more than six months, may be given only in special cases.
HU.12
HPL Art. 49, HPL Art. 61(1)(c), HPL Art. 48(3), par. (1) to (3), HPL Art. 61(2) and (6)
Restitutio in integrum may be requested where the applicant has failed to observe a time limit during the international phase or before the Office.
A request for restitutio in integrum may be submitted within two months of the unobserved date or on the last day of the unobserved time limit, if the failure occurred through no fault of the applicant. The request must indicate the reasons for failing to comply and that the failure was unintentional.
Where the failure to comply became known to the applicant subsequently or the cause thereof was removed subsequently, the time limit shall be calculated from the date on which the failure to comply became known or the cause thereof was removed. The request for restitutio in integrum shall only be admissible within twelve months from the date not complied with or the last day of the time limit not complied with.
Where a time limit is not complied with, the omitted act must be carried out simultaneously with the filing of the request for restitutio in integrum.
If the Office grants restitutio in integrum, the acts carried out by the applicant in default shall be considered to have been performed within the time limit not complied with; a hearing held on the date not complied with shall be repeated where necessary. The decision taken as a result of the failure shall be revoked in whole or in part, modified or maintained as necessary or depending on the outcome of the new hearing.
Restitutio in integrum shall be excluded in the event of failing to comply with the following time limits:
(a) time limits fixed for filing the request for restitutio in integrum and the request for continuation of the procedure;
(b) time limits fixed for filing and correcting the declaration of priority.
Restitutio in integrum shall not be admissible with respect to time limits the consequences of failing to comply with which may be averted by a request for continuation of the procedure.
HPL Art. 40
Where the patent protection ceased due to failure to pay the annual fee and such failure was caused by a justifiable reason, the patent protection may be restored upon request filed within three months after the expiration of the six-month grace period referred to in paragraph HU.07 and provided that double the annual fee for the year in question is paid.
HU.13 UTILITY MODEL
HUML Art. 1, PCT Rule 49bis.1, PCT Rule 49bis.1 (a), PCT Rule 49bis.1 (b), PCT Rule 76.5
If the applicant wishes to obtain utility model protection on the basis of an international application—instead of a patent—, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office. The subject of utility model protection can be any solution relating to the configuration or construction of an article or to the arrangement of parts thereof which is new, involves inventive step and is susceptible of industrial application. Utility model protection does not cover processes, chemical compositions, foodstuffs, pharmaceuticals, plant varieties or animal breeds, microorganisms or aesthetic designs of an article.
HU.14 DERIVATION
HUML Art. 30
The applicant may retain the priority of an international patent application in the national phase if in an additional application for a utility model for the same subject matter (derivation from patent application) he makes a declaration, filed within two months from the date of filing of the utility model application, to this effect, provided that the derived utility model application is filed within the following time limits:
(a) in the course of the patent application procedure up to the date when the decision on the grant of patent becomes final or within three months from the date when the decision rejecting the patent application becomes final, or
(b) within three months from the date when the decision declaring nullity of the patent for lack of novelty or lack of inventive step becomes final.
The application for the derivation of a utility model application is admissible only within 10 years from the filing date of the patent application.
HU.15
HPL Art. 62
The applicant may retain the priority of an earlier filed international utility model application in the national phase if, in an additional patent application for the same subject matter (derivation from utility model application), he makes a declaration, filed within two months from the date of filing of the patent application, to this effect, provided that the patent application is filed within three months from the date when the decision on the grant of utility model protection becomes final, but not later than within 20 years from the filing date of the utility model application.

Annexes

Annex HU.I - Fees
National fee for a patent application:
— where the Office is a designated Office
37,400 HUF
— plus for each claim from 11 to 20
1,900 HUF
— plus for each claim from 21 to 30
3,800 HUF
— plus for each claim in excess of 30
5,600 HUF
— where the Office is an elected Office
18,700 HUF
— plus for each claim from 11 to 20
950 HUF
— plus for each claim from 21 to 30
1,900 HUF
— plus for each claim in excess of 30
2,800 HUF
National fee for a utility model application
18,700 HUF
— plus for each claim in excess of 10
1,200 HUF
Additionnal fee for late furnishing of the translation of the international application and/or late payment of the national fee
58,700 HUF
Fee for a request for reestablishment of rights where the effect of an international patent application has ceased
117,700 HUF
in addition to the national fee
Fees in the national procedure:
— examination fee 4
63,800 HUF
— fee for grant and printing fee (including six pages) 4
35,200 HUF
— for each page of the specification and drawings in excess of six 4
3,500 HUF
— fee for grant and printing fee where the application contains disclosure of one or more nucleotide or amino acid sequences only on electronic medium
117,700 HUF
Amendment fee:
— for the 1st request
5,300 HUF
— for the second request
9,350 HUF
— for further requests
17,600 HUF
— plus for each claim from 11 to 20
1,900 HUF
— plus for each claim from 21 to 30
3,800 HUF
— plus for each claim in excess of 30
5,600 HUF
Fee for extension of time limits :
— for the 1st extension
5,300 HUF
— for the second extension
9,350 HUF
— for further extensions
17,600 HUF
National additional fee where certain parts of the international application have not been searched
half the amount of the national fee where the Office is a designated Office
Patents
Annual fee: 5
— for the 1st to the 3rd year
None
— for the 4th year
per year 88,000 HUF
— for the 5th year
per year 110,000 HUF
— for the 6th to the 12th year
per year 148,500 HUF
— for the 13th to the 16th year
per year 154,000 HUF
— for the 17th to the 18th year
per year 159,500 HUF
— for the 19th to the 20th year
per year 165,000 HUF
Utility models
Annual fee: 6
— for the 1st to the 5th year
21,400 HUF
— for the 6th to the 10th year
per year 32,000 HUF
The annual fee for the 1st year is increased for each page in excess of 6 pages of the description and of the drawings
by 3,500 HUF
Time of payment of the annual fees:
The first annual fee is due on the filing date, fees for the subsequent years are due on the anniversary of that date
There is a six-month grace period for the payment of all annual fees and the earliest date for effecting payment is two months preceding the starting date of the grace period. Fees which become due before publication can be paid within a six-month grace period counted from the publication date
Surcharge for payment during the grace period:
— during the first three months
none
— during the 4th to the 6th month
50% of the annual fee
Fee for a request for restoration of patent protection ceased due to failure to pay the annual fee
twice the annual fee for the year in question
How can payment of fees be effected?
All fees shall be payable to the account No. 10032000-01731842-00000000 of the Hungarian Intellectual Property Office kept with the Hungarian State Treasury by bank transfer or money order, with the indication of the identifying data (reference number or the registration number) and the purpose (legal ground). If the applicant is not resident in Hungary or in one of the member States of the European Economic Area, he can validly effect payments exclusively through his agent—patent attorney or attorney-at-law—domiciled in Hungary.
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex HU.II - Declaration of assignment
Annex HU.III - Power of attorney
Notes:
1 a This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
2 a Even if a corresponding declaration has been made in accordance with PCT Rule 4.17, the Office may nevertheless require further documents or evidence (refer toPCT Gazette No. 05/2001, page 2024).
3 a If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
4 a b c Where the applicant is exclusively the inventor on the date of payment of the fee, one fourth of the amount of fee must be paid, if no priority of a foreign application was claimed in respect of the application
5 a In accordance with the provisions of Article 23(1) of Act XXXIII of 1995. For the duration of patent protection an annual renewal fee shall be paid from the fourth year as defined in the legislation on the administrative service fees payable in connection with industrial property proceedings. The fee for the fourth year shall be payable in advance after the end of the third year following the day of notification, and on the calendar day corresponding to the date of application thereafter. This new provision entered into force on 1 June 2022 and shall apply to renewal fees falling due on or after 1 June 2022. The amounts are defined in Article 3(7) of Decree No. 19/2005 (IV.12.) GKM.
6 a Where the holder of the right is exclusively the inventor on the date of payment of the fee, one half of the fee must be paid, if protection is based on an application in respect of which no priority of a foreign application was claimed.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 31 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00