Procedure for the grant of supplementary protection Certificates

Procedure for the grant of supplementary protection Certificates

The procedure for granting a certificate starts by filing an application with the Hungarian Patent Office.

Following the filing of the application a fee, determined by special legislation, shall be paid within two months of the filing date. In the event of failure to settle the filing fee, the application shall be considered withdrawn.

Where the application meets the conditions laid down for according a filing date, an official notification of the application for a certificate is published, and the examination is carried out.

The Hungarian Patent Office shall examine whether the application meets the conditions laid down in the Community Regulations, and in the Hungarian Patent Act and the Government Decree. The examination of the Hungarian Patent Office shall also cover whether the product designated by the applicant has already been the subject of a certificate in Hungary , and whether the authorization to place the product on the market as a basis for the certificate is considered the first authorization to place the product on the market. The application may not be modified in such a way that the certificate extends to a product, an authorization to place a product on the market or a basic patent other than that designated at the filing of the application.