Legal basis for levying renewal fees
Art. 84/L PA
Amount of fees
(plus any charges levied by banks)
* Having regard to the state of danger declared due to the coronavirus pandemic, Article 23(1) of PA shall be applied differently from 7 August 2021 during the period of the state of danger as follows:
Article 1 of Government Decree 675/2021 (3 December)
(1) Article 23 of Act XXXIII of 1995 on the protection of inventions by patents shall be applied with the derogation that no maintenance fees shall be paid during the first three years of patent protection in the case of patent applications filed after the entry into force (7 August 2021) of Government Decree 474/2021 (6 August) on the different application of Act XXXIII of 1995 on the protection of inventions by patents but before the termination of the state of danger pursuant to Government Decree 27/2021 (29 January) on the declaration of the state of danger and the entry into force of the emergency measures.
(2) In the case of patent applications pursuant to paragraph (1), the maintenance fee of patent protection shall be
a) HUF 44 000 for the fourth year;
** Upon termination of the state of danger (the time of which is currently unknown), a modification of Article 23(1) of PA will enter into force.
According to this modification, maintenance fees, specified by the law on fees for administrative services in industrial property procedures, shall be paid annually starting from the fourth year during the term of patent protection. The fee for the fourth year shall be due upon expiry of three years following the filing date, and the fees for the subsequent years shall be paid in advance on the anniversaries of the filing date.
This modification shall be applied for the fees becoming due after the termination of the state of danger.
Art. 23(1) PA
(a) Due date (in the patent year concerned)
(b) Time limit for payment (without surcharge)*
(c) Earliest possible date for payment
(a) Anniversary of date of filing
(b) 3 months from due date
If the first renewal fee is due within 3 months of the publication of the mention of grant in the European Patent Bulletin, the renewal fee may be paid within said 3 months without a surcharge.
Renewal fees which – in the case of revocation of a European patent as a result of an omission or a decision reviewed by the Enlarged Board of Appeal – would have been due after the revocation, may also be paid within a grace period of six months from the communication of the decision re-establishing the rights or re-opening proceedings before the Board of Appeal.
(c) Payment may not be made more than 2 months before due date.
Art. 23, 84/L(2), (3), 115/M(3) PA
Period of grace for payment of fees (with surcharge)
(a) 6 months from due date (the first 3 months without surcharge)
(b) 4th, 5th and 6th month: 50%
Art. 23, 115/M PA
Communication of a reminder in cases of non-payment
(a) provided for?
(b) date of despatch
(a) Yes, but not binding
(b) One payment reminder issued before the due date and another during the period of grace
Restitutio in integrum
(a) provided for?
(b) time limit for submitting application
(a) No, however, request for restoration of patent protection is possible
(b) Within 3 months of the end of the period of grace if double the amount of that year's renewal fee is paid within that period
Art. 40 PA
Appointment of a national professional representative for
(a) payment of fees
(b) communication of a reminder of non-payment
(c) proceedings in respect of restitutio in integrum
Unless an international treaty provides otherwise, foreign applicants whose permanent residence or seat is not in the territory of the EEA must appoint a professional representative who is entitled to act before the HIPO.
This professional representative does not have to be a national professional representative but must be domiciled in the EEA.
Art. 51(1), (4) PA
Information regarding lapse of patent in cases of non-payment of renewal fees
Publication in the official gazette of the HIPO, the "Szabadalmi Közlöny és Védjegyértesítő"
Entry in the patent register (available also from the HIPO website)
Art. 54, 56 and 56/A PA
* For first renewal fee to be paid, see Art. 141(2) EPC.