Hungarian patent application




Release time:2016-07-03

Scope of 1. Patents Granted
Any invention that is new, contains creative activities (inventive activity) and is suitable for industrial application.
Plant varieties and animal species are patentable. Plant varieties are authorized on the condition that the plant variety is distinguishable, consistent, stable and new, and has been given a registrable name; animal species are authorized on the condition that the species is distinguishable and new, and has been given a registrable name.
Discoveries, scientific theories and mathematical methods, works of art, planning, rules and methods for carrying out intellectual activities, methods of playing games or doing business, computer programs. Inventions whose implementation would violate public policy or morality are not protected by patents.

2. patent examination
(I) novelty
An invention is considered novel if it does not form part of the prior art. Anything available to the public prior to the priority date by written description or oral communication, through use, or in any other manner, constitutes prior art. The content of a national application for a patent or utility model with an earlier priority date or any content equivalent to a national application, if published after the priority date, shall also be considered as prior art.
(II) Nondestructive Disclosure
Non-destructive disclosure means disclosure of an invention that occurs no earlier than 6 months prior to the priority date. Due to the abuse of the applicant's rights or by the applicant or by the original right holder at an officially recognized exhibition, it is not considered to be prior art.
The Hungarian Patent Office conducts search and substantive examination of patent applications and publishes patent application and search reports. The scope of patent protection is determined by the claims, and the claims should be interpreted based on the description and the drawings.

Term of Protection and Revocation of 3. Patents
The term of protection in Hungary is 20 years from the date of application.
If the subject matter of the patent is not patentable or the specification does not meet the statutory requirements, or the content of the patent exceeds the content of the application filed at the filing date, the patent shall be revoked. Revocation is retroactive. When the revocation condition part exists, the patent should be qualified accordingly.
Anyone can initiate revocation proceedings. The procedure may continue after the revocation request is withdrawn.
The Budapest Court may judicially review the decision of the Patent Office if the party so requests within 30 days from the date of the notification of the decision. A person who is not satisfied with the judgment of the court may appeal to the Supreme Court.