Hungarian Intellectual Property Office

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, except where the lapse is due to the end of the duration of the certificate. The lapse and the restoration of a certificate shall be entered in the register of applications and 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, the Hungarian Patent Office shall apply the provisions concerning revocation of patents of the Hungarian Patent Act.

In proceedings for establishing invalidity of a certificate, the Hungarian Patent Office, acting in a three-member council, shall, after written preparatory work, decide on the basis of oral proceedings, except where the basic patent has lapsed before its lawful term expires, or where the basic patent is revoked. In the latter cases the Hungarian Patent Office may also act of its own motion, when invalidity of the certificate is declared disregarding the oral proceedings and without setting up a three-member council. In such cases the Hungarian Patent Office is officially informed of the occurrence of the grounds for establishing invalidity of a certificate.

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.

The decisions on merits taken by the Hungarian Patent Office , and also its decisions declaring interruption of procedure, suspending procedure or furnishing a basis for entries in the register of applications, register of certificates or in the patent register shall be open to requests for review under chapter IX of the Hungarian Patent Act; the rules governing patent litigation shall also apply to certificates mutatis mutandis.