Fees for filing PCT national phase patent application in Hungary
Fees associated with Hungarian PCT National Phase Entry as well as other patent fees are available in the fee calculator.
The time limit for Hungarian PCT national phase entry
The time limit for entering the Hungarian national phase of a PCT application is 31 months from the date of priority. This deadline may be restored, the condition of due care applies.
Minimum filing requirements for PCT national phase patent application in Hungary
In Hungary, the official language of the PCT National Phase Entry is Hungarian. The Hungarian translation of the international application must be provided within 31 months from the priority date. It is possible to furnish the translation within 3 months from the last day of the 31-month deadline, provided that the surcharge is paid.
To entry the PCT national phase in Hungary, it is necessary to submit:
– name and address of the inventor if they have not been provided in the international application;
– description;
– claims;
– text matter of drawings;
– abstract.
A copy of the International Application is not required by the Hungarian Patent Office.
A simply signed original Power of Attorney should be filed when entering the National Phase.
If the applicant is not the inventor, the Assignment Deed should be filed when entering the National Phase.
Analysis of a PCT national phase patent application in Hungary
Patent applications in Hungary undergo formal and substantive examination. If an application complies with the formal requirements, the Hungarian Patent Office administers the filing date and conducts a Novelty Search if some parts of the international application were not subject to international search. The substantive examination may be requested at the time of entering the national phase or at the latest within 6 months following the filing date.
Novelty grace period for Hungarian PCT patent application
The novelty grace period in Hungary constitutes 6 months before the priority date if the disclosure occurred:
– due to an abuse of the rights of the applicant or his predecessors in the title;
– since the applicant or his predecessors in title have displayed the invention at an exhibition officially recognized by the Hungarian Intellectual Property Office.
Grant, validity term, and patent maintenance fees in Hungary
After the decision to grant a patent the Hungarian Patent Office sends the text of the description, the claims, and drawings to the applicant who has three months to either confirm the text or to propose the amendments. The grant fee shall be paid within the aforementioned period of 3 months. Patents in Hungary are valid for 20 years from the international filing date of the application. Annual maintenance fees should be paid for each year from the international filing date. The first annual maintenance fee is due after the publication of the Hungarian translation of an international application; all subsequent annual fees should be paid in advance before the due date. The due date for payment of annuities is the anniversary of the international filing date. Annuities may also be paid within a grace period of 6 months from the due date.
Duration of the patent application registration procedure
In the case of a smooth registration procedure, the average time of obtaining a patent in Hungary is 3 years counted from the PCT National Phase Entry in Hungary.
Utility Model in Hungary
Any solution relating to the configuration or construction of an article or arrangement of parts thereof may be registered through a PCT national route as a utility model in Hungary if it is new, industrially applicable, and involves an inventive step. Utility models in Hungary are subject to formal and substantive examinations. However, they are not examined concerning novelty and inventive steps. The term of protection for a utility model in Hungary is 10 years from the international filing date.
Representation by a Hungarian patent attorney
For foreign patent applicants, it is necessary to perform the PCT national phase entry in Hungary through an agent, a registered patent attorney.
Notes
1. Online Search Database for Hungarian Patents and Utility Models.
2. PCT application in Hungary may also be nationalized via entering the European PCT regional phase and its further validation in Hungary.
If you have any queries related to the PCT National Phase Entry in Hungary, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.