Revocation

Revocation

The revocation of the patent may be requested by anyone towards the patentee by claiming that the subject matter of the patent or the patent application respectively, at the time when the patent application has been permitted, did not satisfy those conditions laid down by law, which may serve as a basis for revocation.

In the request for revocation the reasons that serve as a basis for revocation have to be indicated, and further a fee determined by a special law has to be paid.

In connection with revocation procedures the Hungarian Intellectual Property Office brings a decision on the revocation, limitation or refusal of the request, after written preparation, usually on the basis of an oral trial, in the form of a board consisting of three members.

The losing party is required to bear the costs of the revocation procedure.

Final revocation cases can be studied in the PIPACS database.

The case law in connection with revocation procedures can be found in the Guidelines.