Any person believing that proceedings for infringement of utility model protection may be instituted against him may, prior to the institution of such proceedings, request a decision ruling that the product exploited or to be exploited by him does not infringe a particular utility model protection specified by him. A fee should be paid.
The Hungarian Intellectual Property Office takes a decision on the fact whether the product or procedure used or to be used infringes the model protection after making a written preparation, in general on the basis of a public hearing, in the form of a three-member board.
The requestor shall bear the expenses of the procedure for a decision on non-infringement.
A final decision on non-infringement excludes that a procedure be instituted on the basis of the designated model protection in respect of the same product by reason of infringement of model protection.
The legal practice relating to the procedure for a decision on non-infringement is presented in the Guidelines for patent examination (Hungarian only).