Other procedures

Other patent procedures within the competence of the Hungarian Intellectual Property Office:

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 ⁣E-search⁣ database.

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

E-search database

Decision on lack of infringement

Any person believing that proceedings for patent infringement may be instituted against him may, prior to the institution of such proceedings, request a decision ruling that the product or process exploited or to be exploited by him does not infringe a particular patent specified by him.

Request for the ruling on the lack of infringement can only be filed in relation to one patent.

The description and drawing of the product or procedure exploited or to be exploited and the patent indicated have to be attached to the request.

A fee determined is to be paid for the procedure on lack of infringement.

In connection with procedures on lack of infringement the Hungarian Intellectual Property Office brings a decision after written preparation, usually on the basis of an oral trial, in the form of a board consisting of three members determining whether it admits the request for lack of infringement or refuses it.

The applicant bears the costs of the revocation procedure.

The final ruling on lack of infringement excludes the possibility of infringement proceedings on the basis of the indicated patent in respect of the same product or process.

The case law in connection with lack of infringement procedures can be found in the Guidelines.

Maintenance of protection

In connection with the maintenance of the patent, the statement on the revocation of the patent because of failing to pay the maintenance fee, and the restoration of the patent protection, and further the statement on the revocation of the patent because of relinquishment, fall into the competence of the Hungarian Intellectual Property Office.

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

Interpretation

In connection with the maintenance of the patent, the statement on the revocation of the patent because of failing to pay the maintenance fee, and the restoration of the patent protection, and further the statement on the revocation of the patent because of relinquishment, fall into the competence of the Hungarian Intellectual Property Office.

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