For innovators seeking patent protection in Hungary through the PCT national phase entry, navigating the deadlines, filing requirements, and examination procedures is essential. This detailed guide aims to shed light on critical aspects, facilitating a successful journey in Hungary’s patent landscape.
Deadline for PCT National Phase Entry in Hungary
In Hungary, the window for entering the national phase of a PCT application spans 31 months from the date of priority. An extension of up to 3 months is possible after the 31-month deadline, contingent on the payment of a surcharge.
Filing Requirements in Hungary
Hungarian is the official language for PCT national phase entry. The Hungarian translation of the international application must be submitted within 31 months from the priority date. An alternative provision allows translation within 3 months from the close of the 31-month deadline, subject to the payment of a surcharge.
To initiate the PCT national phase in Hungary, the following must be submitted:
- Name and address of the inventor (if not provided in the international application);
- Description;
- Claims (both original and amended, if applicable);
- Text matter of drawings;
- Abstract.
The Hungarian Patent Office does not require a copy of the international application. A simply signed original Power of Attorney is necessary for national phase entry. If the applicant is not the inventor, filing an Assignment Deed and Declaration of Assignment is required during the national phase entry or within the specified term by the Hungarian Patent Office.
Examination of a PCT National Phase Patent Application in Hungary
Hungarian patent applications undergo both formal and substantive examinations. If the application meets formal requirements, the Hungarian Patent Office assigns a filing date and conducts a Novelty Search for parts not subject to the international search. The request for substantive examination can be filed upon entering the national phase or within 6 months from the mention of the Search Report’s issuance in the Official Gazette.
Novelty Grace Period
Hungary provides a 6-month novelty grace period before the priority date. This applies if the disclosure resulted from an abuse of the applicant’s rights or if the applicant displayed the invention at an officially recognized exhibition.
Grant, Validity Term, and Maintenance Fees
After a patent grant decision, the Hungarian Patent Office sends the applicant the description, claims, and drawings for confirmation or proposed amendments within three months. The grant fee is due within this period. Patents in Hungary are valid for 20 years from the international filing date, with annual maintenance fees payable in advance. The due date is the anniversary of the international filing date, with a grace period of 6 months for late payments.
Duration of Registration Procedure
In a streamlined scenario, the average time to obtain a patent in Hungary from PCT national phase entry is approximately 3 years.
Understanding these intricacies ensures a seamless journey through the PCT national phase entry process in Hungary, aligning with regulatory requirements and optimizing the chances of successful patent protection.
You can see a list of Hungary IP Firms here.