Contracting state

Hungary

Contracting state

Legal basis for levying renewal fees

 

Art. 84/L PA
Art. 3(7) FeeDecr

1

Amount of fees

(plus any charges levied by banks)

 

Year

HUF

1st

17 600

2nd

17 600

3rd

17 600

4th

88 000

5th

110 000

6th

148 500

7th

148 500

8th

148 500

9th

148 500

10th

148 500

11th

148 500

12th

148 500

13th

154 000

14th

154 000

15th

154 000

16th

154 000

17th

159 500

18th

159 500

19th

165 000

20th

165 000

* 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;
b) HUF 55 000 for the fifth year;
c) HUF 66 000 for the sixth year;
d) HUF 77 000 for the seventh year;
e) HUF 88 000 for the eighth year;
f) HUF 99 000 for the ninth year;
g) HUF 110 000 for the tenth year;
h) HUF 148 500 yearly for the eleventh to the twelfth year;
i) HUF 154 000 yearly for the thirteenth to the sixteenth year;
j) HUF 159 500 yearly for the seventeenth to the eighteenth year;
k) HUF 165 000 yearly for the nineteenth to the twentieth 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
Art. 3(7) FeeDecr

2

(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

3

Period of grace for payment of fees (with surcharge)

(a) duration

(b) 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

4

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

5

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
Art. 9(4) FeeDecr

6

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

7

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.

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