Other procedures concerning supplementary protection certificates

Lapse and restoration of a certificate

The Hungarian Patent Office shall declare the lapse of a certificate by a decision on merits, (see General information) except where the lapse is due to the end of the duration of the certificate. The lapse and, where appropriate, the restoration of a certificate shall be entered in the register of certificates and a notification shall be given in the official journal of the Hungarian Patent Office.

Establishing invalidity of a certificate

In proceedings for establishing invalidity of a certificate (see General information), the Hungarian Patent Office shall apply the provisions concerning revocation of patents of the Hungarian Patent Act, with that proviso that where the basic patent has lapsed before its lawful term expires, or where the basic patent is revoked the Hungarian Patent Office may also act of its own motion. In such cases, the Hungarian Patent Office is officially informed of the occurrence of the grounds for establishing invalidity of a certificate, the invalidity of the certificate can be declared without any special consideration disregarding the oral proceedings and without setting up a three-member council.

The invalidity of a certificate shall be entered in the register of certificates and a notification shall be given in the official journal of the Hungarian Patent Office. .

Proceedings instituted for the establishment of lack of infringement of a certificate

In proceedings for the establishment of lack of infringement of a certificate, the corresponding provisions of the Hungarian Patent Act shall apply mutatis mutandis.

Interpretation of a certificate

For the purposes of the interpretation of a certificate, at the request of the court or other authority, the Hungarian Patent Office shall give an expert opinion, comparing the certificate, the patent description and the authorization to place the product on the market.

Revocation of extension of a certificate  

With regard to the procedure for revocation of the extension of a certificate (see General information), the rules of the corresponding provisions of the Hungarian Patent Act concerning revocation of patents shall apply accordingly.

The revocation of the extension of a certificate shall be entered in the register of certificates and a notification shall be given in the official journal of the Hungarian Patent Office.