Fees relating to applications
Fees relating to services
As regards the manner of paying maintenance and renewal fees the Hungarian Intellectual Property Office (“HIPO”) informs you about the following:
According to Section 21 (1) of Decree No. 19/2005. (IV. 12.) GKM on the Fees for Administrative Services in Industrial Property Procedures before the Hungarian Patent Office the fees for industrial property procedures shall be paid to the account No. 10032000-01731842-00000000 of the HIPO kept with the Hungarian State Treasury by bank transfer or money order, with the indication of the identifying data (reference number or registration number) and the purpose (legal title).
Hungarian State Treasury
IBAN: HU30 1003 2000 0173 1842 00000000
Swift code: MANEHUHB
Provisions on due date are laid down in Section 115/R (3) of Act XXXIII of 1995 on the protection of inventions by patents (“HPA”). In the event of paying the fees for administrative services, the renewal fees and the maintenance fees by transfer, the date of payment is the second working day of the bank prior to crediting the amount on the Office’s account specified by the law on fees for administrative services in industrial property procedures, in the event of a transfer from abroad, the fifth working day of the bank prior to crediting. Calculating the date of payment in the above cases is based on the work schedule of the Hungarian State Treasury. If payment is made by money order, the date of payment shall be the day of posting the money order.
Patents, plant variety protection, supplementary protection certificates, utility model protection
Any person can pay maintenance fees (concerning patents, plant variety protection, supplementary protection certificates and utility model protection) to the HIPO, no separate request or legal representation is required. It is possible to pay by bank transfer, but please make sure to indicate the reference (or registration) number and the legal title in the message field. It is important that the payment is clearly identifiable from the details of the bank transfer.
There is no need to inform the HIPO of the payment. If you need an acknowledgment that the payment was fulfilled properly, you may contact the Customer Service for verification.
Trade marks, designs
In respect of trade marks and designs there are divergent rules containing provisions on a separate request and representation.
According to Section 65 of Act XI of 1997 on the protection of trade marks and geographical indications a request for renewal of trade mark protection may be filed with the HIPO by the trade mark holder, as well as by persons authorised thereto by law or contract. For the renewal of trade mark protection, a fee shall be paid as specified in the law on fees for administrative services in industrial property procedures. Payment of the renewal fee in itself shall not be considered as a request for renewal. The request for renewal shall indicate the registration number of the trade mark in question.
Section 51 of Act XLVIII of 2001 on the legal protection of designs lays down the basic rules of renewal procedure. Design protection shall be renewed by the HIPO at the request of its holder. Renewal of design protection granted for several designs may also be requested in respect of only a part of those designs (partial renewal). The request for renewal shall indicate the registration number of the design protection to be renewed and, in the case of partial renewal, the designs concerned. A fee determined by specific legislation shall be paid for the request for renewal within two months from the filing of the request.
Representation before the HIPO
Pursuant to Section 51 of HPA those foreign applicants whose permanent residence or domicile is in the territory of a Member State of the European Economic Area ("EEA") shall
- act on their own or
- be represented by an authorised patent attorney or an attorney-at-law in all IP matters within the competence of the HIPO
The professional representative does not have to be a national professional representative but must be domiciled in the EEA. If the applicant is represented by an authorised patent attorney or an attorney-at-law, the power of attorney shall be made in writing, but a signature from the mandator only is sufficient. [Section 51 (2) of HPA]
Apart from the client and his representative documents may also be submitted to the HIPO by any other person acting on behalf of the client. The person filing documents in such a manner is not an authorized representative, he will not be indicated in the register and the HIPO will be in contact with the client only. Documents can be submitted personally, using postal or delivery services or electronically using our electronic forms.
Please note that the language of proceedings before the HIPO is Hungarian, conversely all official correspondence will be sent to the client or his representative in Hungarian.
Foreign applicants whose permanent residence or domicile is outside the territory of a Member State of the EEA shall be represented by an authorised Hungarian patent attorney or an attorney-at-law in all IP matters within the competence of the HIPO. [Section 51 (1) of HPA]