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INFORMATION
General information on the utility model protection granting procedures started
after January 1, 1996
(according to the Act No. XXXVIII of 1991)
1. Publication of Data
1. After the utility model protection application (hereinafter referred to as
"utility model application") has been filed, the Hungarian Patent
Office (hereinafter referred to as "Office") publishes the data of
the utility model application - the name and address of the applicant and the
possible representative, the file number of the application, the title of the
model, the day of application, or the day of priority which differs therefrom
respectively, the country and number of the earlier application - in its official
journal (Gazette of Patents and Trademarks).
2. Application Fees
Information in connection with the utility model application fees are contained
in Point 1. of the Table of Fees attached to the present information. The application
fee is to be paid in to the Office's budgetary account and the file number is
to be indicated. Without indicating the case number, the application does not
take effect.
The Office may grant exceptions from the utility model application's fees, if
the right holder - because of his or her earnings, income and financial situation
- cannot cover those.
3. Formal and Substantive Examination
In case of deficiencies observed in the course of the formal and substantive
examination of the utility model application, the Office invites the applicant
to remedy the deficiencies, to share the application or make a declaration;
it continues the procedure on the basis of the remedy or the declaration.
If the applicant does not answer to the invitation to remedy the deficiencies
or to make a declaration within the period specified, the application shall
be deemed to be withdrawn.
4. Modification - Internal Priority
The utility model application may not be modified through the addition of new
content so, that its scope becomes broader than the one disclosed in the application
filed on the day of application. Taking this restriction into consideration
the applicant may modify the description, the claim or the drawing up to the
date on which the decision on the grant of the utility model becomes final.
The request for modification is subject to fees (See Point 2 of the Table of
Fees). The applicant may file a new application within twelve months of the
day of the application by claiming internal priority.
5. Prolongation of Deadline
Before the deadline announced in the call of the Office the prolongation of
the deadline can be requested. However a prolongation longer than three months
and prolongation of deadlines more than thrice can only be granted in exceptionally
justified cases. The request for prolongation of deadline is subject to fee
(See Point 3 of the Table of Fees)
6. Restitutio in Integrum
In utility model matters - unless otherwise provided by law - a request for
restitutio in integrum may be submitted within 15 days of the failed time limit
or of the last day of the neglected period. Where the failure to comply became
known to the party subsequently or the cause thereof was removed subsequently,
the time limit shall be reckoned from the date on which the failure to comply
became known or the obstacle thereof ceased. After six month reckoned from the
failed time limit or of the last day of the neglected period, request for restitutio
in integrum may not be submitted.
7. Division
In one utility model application only one utility model's protection can be
requested. If in one rapplication the protection has been requested for more
models, the application has to be divided. The request for division is subject
to fee (See Point 4 of the Table of Fees)
8. Granting Protection
The Office grants a utility model protection, if the application and the model,
according to the examination, comply with the requirements prescribed by law.
In the decision on the granting the maintenance fee to be paid is indicated
(See Point 11 of the present information).
The utility model description and the drawing will not be printed. The Office
issues a deed on the utility model protection, to which the description and
the drawing are attached, and sends them together with the decision on granting
the protection to the applicant.
9. Inspection of Documents
After granting the utility model protection any person may inspect the utility
model application, and may receive copies of it, upon payment of a fee.
10. Duration of the Utility Model Protection
The duration of the utility model protection lasts 10 years from the day of
the application.
11. Maintaining the utility model protection (maintenance fee)
11. 1. During the period of utility model protection annual maintenance fees
are to be paid. The annual fees are contained in Point 7 of the Table of Fees.
Those maintenance fees, in connection with which the grace period has started
before December 29, 1995, are to be paid according to the fee regulations previously
in force. The application fee is to be paid in to the Office's budgetary account
and the file number and the register number are to be indicated. Without indicating
the file number or the register number, respectively, the application does not
take effect.
11.2. The maintenance fee for the first year is due on the day of the application,
and the maintenance fees for further years are due on the anniversaries of the
day of the application in advance. The maintenance fee that became due before
the granting of the utility model protection can be paid within a grace period
of six months reckoned from the date when decision on granting the protection
becomes final. Further maintenance fees can be paid within a grace period of
six months reckoned from the date it becomes due.
The maintenance fees can be paid without any supplementary fees in the first
two months of the grace period, while the supplementary fee is 25 % in the third
and fourth, and 50 % in the fifth and sixth months of the grace period. The
proprietor has to ensure the due and regular payment of the maintenance fees
without extra notification of the Office.
11.3. In case of division of the utility model protection, for all applications
that arose from the division, the maintenance fees have to be paid from the
beginning of the first year.
11.4. The maintenance fee can also be paid three months prior to the commencement
of the grace period.
11.5. The Office may grant deferment of the payment of the maintenance fees
from the first to the fifth years, if the proprietor - because of his or her
earnings, income and financial situation - cannot cover those. If deferment
was permitted, the maintenance fees are to be paid together with the maintenance
fee for the sixth year.
11.6. Until the commencement of the grace period, the Office pays back the
fee that has been paid earlier than three months prior to the grace period and
in case the protection lapses the sum paid in, which is smaller than the proscribed
fee, must to be also paid back, on request.
11.7. If the maintenance fee is not paid regularly, the protection lapses.
12. Restoration of Utility Model Protection
The restoration of the utility model protection can be requested within three
months after the expiry of the grace period of six months, if the utility model
protection has lapsed by reason of non-payment of maintenance fees. Twice the
amount of the annual maintenance fee is to be paid within the deadline. (Point
8 of the Table of Fees)
13. Cases of Lapse of Utility Model Protection
The utility model protection lapses, if
a. the period of protection expires, on the day following the date of expiration;
b. the annual fees have not been paid within the grace period, on the day following
the due date;
c. the owner of the utility model protection surrenders the protection, on the
day following receipt of the surrender, or on an earlier date specified by the
person surrendering the protection;
d. the utility protection is declared null and void, with retroactive effect
to the filing date of the application.
14. Considering the Utility Model Protection Lapsed
The utility model protection shall be considered lapsed, with retroactive effect
to the day of application, when a patent is granted for a patent application
a. derived from the utility model application;
b. from which the utility model application has been derived.
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