WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-related Aspects 
of Intellectual Property Rights IP/N/l/HUNlPll 
18 November 1996 
(96-4423) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Hungary 
The present document reproducesl Law No. XXXIII of 1995 on the Protection of Inventions 
by Patents, as notified by Hungary under Article 63.2 of the Agreement (see document IP IN 11 IHUNI 1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Hongrie 
Le present document contient le textel de la Loi n° XXXIII de 1995 sur la protection des 
inventions par les brevets, notifiee par la Hongrie au titre de l' article 63: 2 de I' Accord (voir le document 
IP 1Nl l/HUNI 1 ). 
Comite de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
Hungria 
En el presente documento se reproducel la Ley N° XXXIII de 1995 sobre la Protecci6n de 
Invenciones mediante Patentes, notificada por Hungria en virtud de 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/l/HUN/I). 
1 English only/anglais seulement/ingles solamente. 0" IP/~/l/lIlJ~fP/l 
Page 2 
Law No. XXXIII of 1995 
on the Protection of Inventions by Patents 
In order to promote technical progress in the Hungarian national economy, to 
implement up-to-date technology, to encourage inventors both morally and 
financially; and in confonnity with the international obligations of the Republic of 
Hungary concerning the protection of intellectual property, the Parliament enacts the 
following Law: 
PART I 
INVENTIONS AND PATENTS 
Chapter I 
SUbject Matter of Patent Protection 
Patentable Inventions 
Article 1 
(1) Patents shall be granted for any inventions which are new, involve an 
inventive activity and are susceptible of industrial application. 
(1) The following in particular shall not be regarded as inventions within the 
meaning of paragraph (1): 
(a) discoveries,. scientific theories and mathematical methods, 
(b) aesthetic creations, 
(c) schemes, rules and methods for performing mental acts, playing games or 
doing business, and programs for computers, 
(d) presentations of information. 
(3) Patentability of the subject matters referred to in paragraph (2) shall be 
excluded only to the extent to which a patent application or the patent relates to such 
subject matter as such. Novelty 
Article 2 IP/NI 1 IHUNIPI 1 
Page 3 
(1) An invention shall be considered new if it does not form part of the state of 
the art. 
(2) The state of the art shall be held to comprise everything made available to 
the public by means of a written description or oral communication, by use, or in any 
other way, before the date of priority. 
(3) The content of any national patent application or utility model application 
-or of any application equivalent to a national filing -having an earlier date of 
priority shall be also considered as comprised in the state of the art, provided that it 
was published or announced in the course of the application procedure at a date 
following the date of priority. The content of such an application published under an 
international treaty shall only be considered as comprised in the state of the art if the 
Hungarian translation of the application has been filed in compliance with the 
provisions of special legislation. For the application of these provisions, the abstract 
shall not be considered as comprised in the content of the application. 
(4) The provisions of paragraphs (1) to (3) shall not exclude the patentability of 
any substance (compound) or composition, comprised in the state of the art, for use in 
methods for treatment of the human or animal body by surgery or therapy and 
diagnostic methods practiced on the human or animal body, provided that use for 
such methods is not comprised in the state of the art. 
Article 3 
For the application of Articie 2, a disclosure of the invention that occurred no 
earlier than six months preceding the date of priority shall not be taken into 
consideration as part of the state of the art if 
(a) it was the due to an abuse of the rights of the applicant or his predecessors 
in title or 
(b) it was due to the fact that the applicant or his predecessors in title have 
displayed the invention at an exhibition specified in an announcement by the President 
of the Hungarian Patent Office published in the Hungarian Official Gazette. IP/N Il/HUN/P/l 
Page 4 
Inventive Activity 
Article 4 
(1) An invention shall be considered to involve an inventive activity if, In 
regard to the state of the art, it is not obvious to a person skilled in the art. 
(2) In deciding whether there has been an inventive activity, the part of the 
state of the art referred to in Article 2(3) shall not be taken into consideration. 
Industrial Application 
Article 5 
(1) An invention shall be considered susceptible of industrial application if it 
can be made or used in any kind of industry or agriculture. 
(2) Methods for treatment of the human or animal body by surgery or therapy 
and diagnostic methods practiced on the human or animal body shall, in particular, not 
be regarded as susceptible of industrial application. This provision shaee not apply, 
however, to products, in ·particular substances (compounds) or compositions, for use 
in such methods. 
Pa ten tability 
Article 6 
(-1) Patent protection shall be granted for an invention if 
(a) it satisfies the requirements of Articles I to 5 of this Law and IS not 
excluded from patent protection under the terms of paragraph (2) and 
(b) the relevant application complies with the requirements laid down by this 
Law. 
(2) No patent protection may be granted for an invention if the publication or 
exploitation thereof would be contrary to public policy or morality; exploitation may 
not be regarded as contrary to public policy merely because it is prohibited by law or 
regulation. IP/N/IIHUNlPll 
Page 5 
(3) Plant varieties and animal breeds may be granted patent protection under 
the provisions of Chapters XIII and XIV. 
Chapter 11 
Rights and Obligations Deriving jroln an Invention 
and jroln a Patent 
Moral Rights of the Inventor and his Rights 
Concerning the Disclosure o(the Invention 
Article 7 
(1) The person who has created an invention shall be deemed to be the 
inventor. 
(2) Unless a final court decision rules to the contrary, the person mentioned as 
such in the application filed at the accorded filing date shall be deemed to be the 
inventor. 
(3) If two or more persons have made an invention jointly, their shares of 
authorship shall be regarded as equal in the absence of an indication to the contrary. 
(4) Unless a final court decision rules to the contrary, the shares of authorship 
stated in the application filed at the accorded filing date or as determined under 
paragraph (3) shall be deemed applicable. 
(5) The inventor shall have the right to be mentioned as such in the patent 
documents. Published patent documents shall not mention the inventor if he so 
requests in writing. 
(6) The inventor shall be entitled to institute legal proceedings under the Civil 
Code against any person contesting his authorship or otherwise infringing his mora] 
rights deriving from the invention. 
(7) Prior to the publication of the patent application, an invention may only be 
disclosed with the consent of the inventor or his successor in title, as appropriate. IP/NIIIHUNIPI 1 
Page 6 
Right to a Patent 
Article 8 
(1) The right to a patent shall belong to the inventor or his successor in title. 
(2) Unless a final court decision or other official decision rules to the contrary, 
the right to a patent shall belong to the person who filed the application with the 
earliest date of priority. 
(3) If two or more persons have created an invention jointly, the right to the 
patent shall belong to them or their successors in title jointly. Where two or more 
persons are entitled to the right, it shall be deemed to belong to them equally unless 
otherwise provided. 
(4) If two or more persons have created an invention independently of each 
other, the right to the patent shall belong to the inventor, or his successor in title, who 
filed the application with the earliest date of priority. 
Service Inventions and Employee Inventions 
Article 9. 
(1) A service invention is an invention made by a person who, by reason of his 
employment, is under the obligation to develop solutions in the field of the invention. 
(2) An employee invention is an invention made by a person who, without 
being under an obligation by reason of his employment, makes an invention, the 
exploitation of which falls within the field of business of his employer. 
Article 10. 
(1) The right to a patent for a service invention shall belong to the employer as 
successor in title to the inventor. 
(2) The right to a patent for an employee invention shall belong to the inventor, 
but the employer shall be entitled to exploit the invention. The employer's right of 
exploitation shall be non-exclusive; the employer may not grant a license to exploit 
the invention. If the employer ceases to exist or if any of his organizational units are IP/NIl/HUN/P/l 
Page 7 
separated, the right of exploitation shall be transferred to his successor in title; it may 
not be assigned or transferred in any other way. 
Article 11 
(1) The inventor shall notify his employer of any service or employee invention 
immediately following its creation. 
(2) Within 90 days from receipt of the notification the employer shall make a 
declaration to the effect that he does or does not claim title to the service invention 
and state his intentions concerning the exploitation of the employee invention. 
(3) The employer may only exploit an employee invention subject to the right 
of the inventor to disclose his invention (Article 7(7)). 
(4) The inventor may dispose of a service invention if the employer gives his 
consent or fails to make the declaration under paragraph (2). 
(5) The right to a patent for an employee invention shall belong to the inventor 
and shall not be subject to the employer's right of exploitation if the employer gives 
his consent or fails to make the statement under paragraph (2). 
Article 12. 
(1) The employer shall file a patent application within a reasonable time 
following the receipt of the notification of a service invention; he shall furthermore 
proceed with all due diligence to obtain a patent. 
(2) Provided the patentability of the invention at the date of receipt of the 
notification has been acknowledged by the employer and the invention is kept secret 
and exploited within the trade as such, the employer may forego the filing of a patent 
application or may withdraw the application. The employer shall notify the inventor of 
such decision. 
(3) In the event of a dispute, the burden of proving that a solution was not 
patentable at the date of receipt of the notification shall be on the employer. IP/N/lIHUNlPll 
Page 8 
(4) Prior to any act or any intentional omission liable to prevent the obtaining 
of a patent with regard to a service invention, the employer shall be required -except 
for the case under paragraph (2) -to offer to assign to the inventor the right to a patent 
free of charge, subject or not to the right of exploitation applicable to employee 
inventions. 
(5) The provisions of paragraph (4) shall not apply where the inventor has 
already received fair remuneration having regard to the provisions of this Law. 
Remuneration (or Service Inventions 
Article 13 
(1) Where a service invention is utilized, the inventor shall be entitled to 
remuneration: 
(a) if the invention is protected by a patent from the beginning of its utilization 
up to the expiration of the definitive patent protection; 
(b) if the definitive patent protection lapses due to surrender or failure to pay 
the maintenance fee by the employer, from the beginning of the utilization up to the 
date on which the patent would have lapsed because of expiration; 
(c) if the invention is kept secret from the beginning of the utilization up to the 
disclosure of the invention or up to 20 years from the date on which the employer is 
notified·· of the invention, whichever expires later. 
(2) The following shall be considered utilization of a service invention: 
(a) the exploitation of the invention (Article 19), including failure to exploit in 
order to create or to maintain an advantageous market position; 
(b) the grant of an exploitation license to third parties; 
(c) the total or partial assignment of the right to a patent or of the patent. 
(3) The inventor shall be entitled to separate remuneration for each exploitation 
license and for each assignment, even if the license is granted or the assignment 
made without valuable consideration. The entitlement to remuneration shall not be IP/NI 1 IHUNIPI 1 
Page 9 
affected should one or more elements of the patent claim be replaced in the product or 
in the process by improved elements made available by the inventor. 
(4) Remuneration shall be paid by the employer or, in the case of a joint patent 
and in the absence of an agreement of the joint patentees to the contrary, by the 
patentee exploiting the invention. In the case of an exploitation license or assignment, 
the acquirer of the rights may assume the obligation to pay remuneration. 
(5) Remuneration shall be due in the case of utilization based on a foreign 
patent or other legal title of protection having the same effect; however, no 
remuneration for the exploitation shall be due if the inventor is entitled to 
remunerationt on the basis of a national patent. 
(6) Remuneration for the inventor shall be governed by a contract concluded 
with the employer, with the exploiting patentee or the person acquiring the rights 
(contract of remuneration). 
(7) Remuneration for the exploitation of the invention shall be commensurate 
with the royalty the employer or the exploiting patentee would have to pay on the 
basis of a patent license agreement, taking into account the licensing conditions in the 
technical field of the subject matter of the invention. 
(8) In the case of an exploitation license or of assignment of the patent, the 
remuneration shall be commensurate with the value of the license or the assignment or 
with the benefit deriving from a license or assignment without valuable consideration. 
(9) In assessing remuneration, the proportions under paragraphs (7) and (8) 
shall be determined taking into account the employer's contribution to the invention 
concerned and the duties of the inventor arising from his employment. Where an 
invention is kept secret, the disadvantages caused to the inventor by failure to obtain 
protection shall also be considered. IP/N/lIHUN/P/1 
Page 10 
Remuneration (or the Exploitation of 
an Employee Invention 
Article 14. 
(1) Remuneration for the right to exploit an employee invention shall be paid 
by the employer or, in the case of more than one employer and in the absence of an 
agreement to the contrary, by the employer exploiting the invention. 
(2) The remuneration of the inventor shall be governed by a contract concluded 
with the employer. 
(3) The amount of the remuneration for the right to exploit an employee 
invention shall be equal to that which would be payable by the employer for a license, 
on the basis of a patent license agreement, taking into account the licensing conditions 
in the technical field of the subject matter of the invention. 
Common Provisions Relating to 
Service and Employee Inventions 
Article 15 
(1) The contract of remuneration, the contract governing remuneration due in 
the case of the exploitation of an employee invention, as well as any disclosure, 
statement, notification or information rela~ing to service and employee inventions as 
prescribed by this Law shall be made in writing. 
(2) No derogation by contract from the provisions of this Law safeguarding the 
interests of the inventor s~all be permissible with respect to rights and obligations 
deriving from service and employee inventions. 
Article 16 
(1) All disputes concerning the service or employee character of an invention, 
the patentability of an invention kept secret or the remuneration due to the inventor of 
a service or employee invention shall be heard by the courts. 
(2) The Board of Experts for Inventions at the Hungarian Patent Office shall, 
on commission or at the request of the court, give an expert opinion on matters IP/N/1/HUN/P/1 
Page 11 
concerning the patentability of an invention kept secret and remuneration due to the 
inventor of a service or employee invention. 
(3) Members of the Board of Experts shall be appointed by the President of the 
Hungarian Patent Office for a period of five years from amongst the appropriately 
qualified persons proposed, in particular, by national interest groups of employers, 
employees and inventors, the Chamber of Patent Attorneys and national economic 
chambers, and from amonghst the officials of the Hungarian Patent Office. Detailed 
rules on the Board of Experts shall be laid down by speciallegislation. 
Article 17 
In the case of inventions created by civil servants, by professional members of 
the armed forces and of the police -persons in service relationships -or by members 
of a cooperative in a legal relationship equal to employment, the provisions of 
Articles 9 to 16 shall apply mutatis mutandis. 
Establishment of Patent Protection 
Article 18 
(1) Patent protection shall begin with the publication of the patent application. 
The protection shall be effective'retroactively from the date of the application. 
(2) Protection resulting from publication shall be provisional. It shall become 
definitive if a patent for the invention is granted to the applicant. 
Rights Conferred by the Patent 
Article 19 
(1) Patent protection shall afford the owner of the patent (patentee) the 
exclusive right to exploit the invention. 
(2) On the basis of the exclusive right of exploitation, the patentee shall be 
entitled to prevent any person not having his consent, 
a) from making, using, putting on the market or offering for sale a product 
which is the subject matter of the invention, or importing the product for such 
purposes; IP/N/1IHUNIPIl 
Page 12 
b) from using a process which is the subject matter of the invention or, where 
such other person knows, or it is obvious from the circumstances, that the process 
cannot be used without the consent of the patentee, from offering the process for use; 
c) from making, using, putting on the market, offering for sale or importing for 
such purposes a product obtained directly by a process which is the subject matter of 
the invention. 
(3) On the basis of the exclusive right of exploitation, the patentee shall also be 
entitled to prevent any person not having his consent from supplying or offering to 
supply a person, other than a person entitled to exploit the invention, with means 
(instruments, appliances) relating to an essential element of the invention, for carrying 
out the invention, when such person knows, or it is obvious from the circumstances, 
that those means are suitable and intended for carrying out the invention. 
(4) The provisions of paragraph (3) shall not apply when the supplied or 
offered means are staple commercial products, except when the supplier or offerer 
deliberately induces his client to commit the acts referred to in paragraph (2). 
(5) For the application of paragraph (3), persons performing acts not falling 
under the exclusive right of exploitation, as referred to in paragraph (6), shall not be 
considered persons entitled to exploit the invention. 
(6) The exclusive right of exploitation shall not extend to: 
(a) acts done privately or not involved in an economic activity; 
(b) acts done for experimental purposes relating to the subject matter of the 
invention, including experiments and tests necessary for the registration of medicines; 
(c) preparation for individual cases, in a pharmacy, of a medicine in accordance 
with a medical prescription, or acts concerning the medicine so prepared. 
(7) In the absence of proof to the contrary, a product shall be deemed to have 
been obtained by a patented process if the product is new and a substantial likelihood 
exists that the product was made by the patented process and the patentee has been 
unable, despite reasonable efforts, to determine the process actually used. A IP/NI1 IHUN IPIl 
Page 13 
substantial likelihood that the product was made by the patented process shall exist, in 
particular, when the patented process is the only known process. 
Exhaustion of the Exclusive Right of Exploitation 
Conferred by Patent Protection 
Article 20 
The exclusive right of exploitation conferred by patep.t protection shall not 
extend to acts concerning a product put on the domestic market by the patentee or 
with his express consent. 
Limitations of Patent Protection 
Article 21 
(1) A right of prior use shall belong to any person who, in good faith, before 
the date of priority, in the territory of the country and within the framework of his 
economic activities, had begun to make or use the subject matter of the invention or 
had made serious preparations for that purpose. 
(2) A prior user shall be considered a bona fide user until it is proved that the 
prior use was based on the inventive activity that led to the patented product. 
(3) Patent protection shall have no effect against a prior user in relation to the 
extent of making, using or preparation existing at the priority date. The right of prior 
use may only be transferred together with an entitled economic organization (Civil 
Code, Article 685 (c)) or with that part of the economic organization in which such 
making, using or preparation has taken place. 
(4) A right of continued use shall belong to any person who, in the period 
between a declaration of lapse of patent protection and restoration thereof, in the 
territory of the country and within the framework of his economic activities, has 
started to make or use the subject matter of the invention or has made serious 
preparations for that purpose. The provisions of paragraph (3) shall apply mutatis 
mutandis to the right of continued use. 
(5) Subject to reciprocity, patent protection shall have no effect with respect to 
means of communication and transport which are in transit in the territory of the 
country or to foreign goods which are not intended to be put on the market in the IP/N/l/HUN/P/l 
Page 14 
country. The President of the Hungarian Patent Office shall be competent to give a 
ruling on matters of reciprocity. 
Tenn of Patent Protection 
Article 22 
Definitive patent protection shall have a term of 20 years beginning on the 
filing date of the application. 
Maintenance of Patent Protection 
Article 23 
(1) Annual patent fees, to be determined by special legislation, shall be paid 
during the term of patent protection. The fee for the first year shall be due on the filing 
date and the fees for the subsequent years shall be payable in advance on the 
anniversaries of the filing date. 
(2) The annual fees which become due before the publication of the patent 
application shall be payable within a period of grace of six months from the date of 
publication, the annual fees which become due before the grant of a patent treated as a 
State secret shall be payable within a period of grace of six months from the date on 
which the decision on the grant comes into effect, and all other annual fees shall be 
payable within a period of grace of six months from the due date. Scope o(Patent Protection 
Article 24 IP/N/IIHUNlPll 
Page 15 . 
(1) The scope of protection conferred by a patent shall be determined by the 
claims. The claims shall be interpreted on the basis of the description and the 
drawings. 
(2) Patent protection shall cover any product or process in which all the 
characteristics of the claim are embodied. 
(3) The terms of the claims shall not be confined to their strict literal wording; 
neither shall the claims be considered mere guidelines for a person skilled in the art to 
determine the claimed invention. 
Succession in Title 
Article 25 
Rights deriving from an invention and from patent protection, with the 
exception of moral rights, may be transferred, assigned and pledged. 
Joint Right to a Patent and Joint Patent 
Article 26 
(1) Where there are two or more patentees for the same patent, each of the joint 
patentees may dispose of his own share. Where one joint patentee wishes to dispose of 
his share, the other joint patentees shall enjoy a right of preemption with respect to 
third parties. 
(2) The invention may be exploited by anyone of the joint patentees alone; 
however, he shall be obliged to pay appropriate remuneration to the other joint 
patentees, in proportion to their shares. 
(3) An exploitation license may only be granted to a third party jointly by the 
joint patentees. Collective consent may be replaced by a court decision under the 
general provisions of civil law . 
(4) In the event of doubt, the shares of all joint patentees shall be deemed 
equal. If one of the joint patentees surrenders his patent protection, the rights of the 
other joint patentees shall extend to his share, in proportion to their own shares. IP/~/1/lIlJ~fP/1 
Page 16 
(5) Anyone of the joint patentees may also act individually to maintain and 
protect patent rights. His legal acts -compromise, recognition and waiver of rights 
excepted -shall be binding on any other joint patentee who has failed to observe a 
time limit or to perform a required act, provided that such other joint patentee has not 
subsequently remedied his omission. 
(6) Where the acts of the joint patentees are divergent, a decision shall be 
taken having regard to all other relevant facts in the procedure~ , 
(7) Costs relating to the patent are to be borne by the joint patentees In 
proportion to their shares. If, despite being notified, a joint patentee does not pay the 
costs for which he is liable, the joint patentee who has paid those costs may claim 
assignment to him of the share belonging to the joint patentee having not met his 
obligations. 
(8) The provisions concerning joint patents shall apply mutatis mutandis to 
joint patent applications. 
Chapter III 
Exploitation Contracts 
COl1clusi 011 of Expl of tati 011 Con tracts 
Article 27 
(1) Under a contract of exploitation (patent license contract) the patentee 
licenses the right to exploit an invention and the person exploiting the invention 
(licensee) is required to pay royalties. 
(2) The parties shall be free to determine the contents of the exploitation 
contract . However, any clause conflicting with the prohibition on restricting 
economic competition by agreement or having a purpose incompatible with the social 
functions of the rights conferred by a patent shall be null and void. 
(3) Refusal to conclude an exploitation contract shall not in itself constitute 
abuse of a dominant economic position. IP/NIl/HUN/PIl 
Page 17 
Rights and Obligations of the Parties 
Article 28 
(1) The patentee shall guarantee for the whole duration of the exploitation 
contract, that no third parties hold rights in the patent preventing or limiting exercise 
the right of exploitation. This guarantee shall be subject to the rules applicable to a 
vendor who transfers proprietary rights, except that the licensee may, instead of 
cancellation, terminate the contract with immediate effect. 
(2) The patentee shall also guarantee the technical feasibility of the invention. 
The same rules shall apply to this guarantee as to the legal consequences of faulty 
performance, except that the licensee may, instead of cancellation, terminate the 
contract with immediate effect. 
(3) The exploitation contract shall cover all patent claims and every mode of 
exploitation, to any extent whatsoever, without limitation in time or as to territory. 
(4) A right of exploitation shall be exclusive only if expressly stipulated by 
contract. In the case of an exclusive exploitation license, the patentee may also exploit 
the invention in addition to the licensee who has acquired the right of exploitation, 
unless expressly excluded by contract. The patentee may terminate the exclusivity of 
a license, subject to a proportional reduction in the royalty, if the licensee does not 
begin exploitation within a reasonable period of time. 
(5) The patentee shall inform the licensee of any third party rights in relation to 
the patent and of any other important circumstances. However, he shall be obliged to 
transfer economic, technical and organizational know-how only if this has been 
expressly agreed. 
(6) The licensee may transfer the license or grant sub-licences to third parties 
only with the express consent of the patentee. 
(7) The patentee shall maintain the patent. IP/NI1IHUNIP 11 
Page 18 
Termination of the Exploitation C contract 
Article 29 
The exploitation contract shall terminate, with effect for the future, when the 
contractual period expires or when certain specified circumstances occur or when the 
patent expires. 
Effect of Provisions Relating to Exploitation Contracts 
Article 30 
(1) The parties may derogate by mutual consent from the provisions relating to 
exploitation contracts where not prohibited by law. 
(2) Matters relating to exploitation contracts that are not covered by this Law 
shall be governed by the provisions of the Civil Code. 
Chapter IV 
COlnpulsory Licenses 
Compu!sOlY Licenses for Lack ofExp/oitation 
Article 31 
If within four years from the date of filing of the patent application or within 
three years from the grant of the patent, whichever period expires last, the patentee 
has noLexploited the invention in the territory of the country to satisfy the domestic 
demand or if he has not undertaken serious preparations or has not granted a license 
for such purpose, a compulsory license shall be granted, on request, to an enterprise 
having its domicile in the country (Article 685( c) of the Civil Code is relevant for 
defining persons in this category), unless the patentee justifies the lack of exploitation. IP/~/1/IIlJ~/1?/1 
Page 19 
Compulsory Licenses in Respect o(Dependent Patents 
Article 32 
(1) If the patented invention cannot be exploited without infringing another 
patent (hereinafter referred to as "the dominant patent"), a compulsory license shall be 
granted, on request and to the extent necessary for the exploitation of the dominant 
patent, to the owner of the dependent patent, . provided that the invention claimed in 
the dependent patent involves an important technical advance of considerable 
economic significance in relation to the invention claimed in the dominant patent. 
(2) Where a compulsory license has been granted under paragraph (1) with 
respect to a dominant patent, the owner of such a patent shall be entitled on reasonable 
terms to a license to exploit the invention claimed in the dependent patent according 
to the common provisions on compulsory licenses. 
General Provisions 011 CompulsolY Licenses 
Article 33 
(1) An applicant for a compulsory license shall be required to prove that the 
requirements for a compulsory license have been complied with, and further that 
(a) the patentee was unwilling to grant a voluntary license to exploit the patent 
under appropriate conditions and within a reasonable period of time; 
Cb) he is able to exploit the invention to the required extent. 
(2) The scope and duration of a compulsory license shall be established by the 
court, taking into account the ·purpose of the exploitation authorized by the 
compulsory license; a compulsory license may be granted with or without limitation. 
Unless relinquished or cancelled, a compulsory license shall have effect until 
expiration of the term of validity fixed by the court or until the lapse of patent 
protection. Compulsory licenses shall be recorded in the Patent Register. 
(3) The patentee shall receive adequate compensation for the compulsory 
license, which shall be fixed, failing agreement between the parties, by the court. The 
compensation shall take into adequate account the economic value of the compulsory 
license. In particular, it shall be commensurate with the royalty the holder of the 
compulsory license would have paid on the basis of an exploitation contract IP/~/l/lIlJ~fP/l 
Page 20 
concluded with the patentee, taking into account the licensing conditions In the 
technical field of the invention. 
(4) The holder of a compulsory license shall have the same rights as the 
patentee in regard to the maintenance of the patent and the exercise of the rights 
deriving from protection. 
(5) If an enterprise holding a compulsory license ceases, to exist or if any of its 
organizational units are separated, the compulsory license shall be transferred to the 
successor in title. A compulsory license granted with respect to a dominant patent may 
only be assigned together with the dependent patent. However, a compulsory license 
may not be assigned or transferred to any other person. The holder of a compulsory 
license may not grant a license of exploitation. 
(6) The holder of a compulsory license may relinquish his compulsory license 
at any time. If the holder does not begin exploitation within one year from the 
definitive grant of the compulsory license, the patentee may claim modification or 
cancellation of the compulsory license. 
(7) The patentee may request modification or cancellation of a compulsory 
license if the circumstances on which it was based cease to exist and are unlikely to 
occur again. Modification or cancellation shall take a form that does not prejudice the 
legitimate interests of the holder of the compulsory license. 
Chapter V 
Infringenlent of Inventions and Patents 
Infringement of Inventions 
Article 34 
Where the subject matter of a patent application or a patent has been taken 
unlawfully from the invention of another person, the injured party or his successor in 
title may claim a statement to the effect that he is entitled wholly or partly to the 
patent and may claim damages under the rules of civil liability . Infi·ingement of Patents 
Article 35 IP/N/IIHUNIP/l 
Page 21 
(1) Any person who unlawfully exploits a patented invention commits patent 
infringement. 
(2) The patentee may, according to the circumstances of the case, have 
recourse to the following civil remedies: 
( a) request that the fact of infringement be declared by the court; 
(b) request an injunction that the infringer cease his infringement; 
(c) demand satisfaction from the infringer by way of a declaration or by other 
appropriate means; if necessary, the declaration shall be made public by the infringer 
or at his expense; 
(d) require surrender of the enrichment obtained by infringement of the patent; 
( e) request the seizure of the means used for infringement and of the infringing 
products. 
(3) The court may rule, according to the circumstances of the case, that the 
infringing nature of the means and products seized be removed ,or, where this is not 
possible, that they be destroyed. In place of destruction, the court may order that the 
means and products seized be auctioned according to court procedure; in such case, 
the court shall decide how the sum obtained is to be used. 
( 4) Where a patent is infringed, the patentee may also claim damages under the 
rules of civil liability. JP IN/IIHUNIPI 1 
Page 22 
Rights of the Applicant and the Licensee 
in the Event of Patent Infringement 
Article 36 
(1) An applicant whose invention enjoys provisional protection may also 
institute proceedings for patent infringement; however, the proceeding shall be 
suspended until the decision to grant the patent has become final. 
(2) In the event of patent infringement, the holder of a contractual license may 
invite the patentee to take appropriate action in order to stop the infringement. If the 
patentee fails to take action within 30 days from the invitation, the licensee recorded 
in the Patent Register may institute proceedings for patent infringement in his own 
name. 
Ruling on Lack of Infringement 
Article 37 
(1) Any person believing that proceedings for patent infringement may be 
instituted against him may, prior to the institution of such proceedings, request a 
decision ruling that the product or process exploited or to be exploited by him does 
not infringe a particular patent specified by him. 
(2) Where a final ruling on lack of infringement has been given, infringement 
proceedings may not be instituted in respect of the patent or in respect of the product 
or process specified in the ruling. 
Chapter VI 
Lapse of Patent Protection 
Lapse of Provisional Patent Protection 
Article 38 
Provisional patent protection shall lapse ex tllnc: 
(a) if the patent application is definitely rejected; 
(b) if the annual fees have not been paid by the end of the period of grace; 
(c) if the applicant has relinquished protection. IP/~/l/l1lJ~fP/l 
Page 23 
Lapse of Definitive Patent Protection 
Article 39 
Definitive patent protection shall lapse: 
, (a) when the period of protection expires, on the day following the date of 
expiration; 
Cb) if the annual fees have not been paid by the end of the period of grace, on 
the day following the due date; 
( c) if the patentee relinquishes the protection, on the day following receipt of 
the relinquishment or at an earlier date specified by the person relinquishing 
protection; 
Cd) if the patent is revoked, with retroactive effect to the filing date of the 
application. 
Restoration of Patent Protection 
Article 40 
(1) If patent protection has lapsed by reason of failure to pay annual fees, 
protection shall be restored at the request of the applicant or the patentee. 
(2) Restoration of patent protection may be requested within three months 
following the expiry of the period of grace. A fee determined by special legislation 
shall be payable within that time limit. IP/N/lIHUNlP1l 
Page 24 
Relinquishment o(Patent Protection 
Article 41 
(1) The applicant named in the Register of Patent Applications or the patentee 
named in the Patent Register may relinquish patent protection by a written declaration 
addressed to the Hungarian Patent Office. 
(2) If the relinquishment affects the rights of third ,parties deriving from 
legislation, from decisions of an authority, from a license contract or any other 
contract recorded in the Patent Register, or if a lawsuit is recorded in the Patent 
Register, it shall take effect only with the consent of the parties concerned. 
(3) It shall also be possible to relinquish certain of the patent claims. 
(4) Withdrawal of the relinquishment of patent protection shall have no legal 
effect. 
Revocation and Limitation o(Patents 
Article 42 
(1) The patent shall be revoked ex tunc: 
(a) the subject matter of the patent does not satisfy the requirements laid down 
in Article 6(1)(a); 
(b) the description does not disclose the invention in a clear and complete 
manner as required by this Law (Article 60(1)); 
( c) the subject matter of the patent extends beyond the content of the 
application as filed at the accorded "filing date or -in the case of division -beyond the 
content of the divisional application. 
(2) If the grounds for revocation affect the patent in part only, revocation shall 
be pronounced in the form of a corresponding limitation of the patent. 
(3) Should the request for revocation be rejected by a final decision, a new 
procedure for the revocation of the same patent on the same grounds may not be 
instituted by any person. Reclaiming o(royalties 
Article 43 IP 1Nl 1 IHUN/PIl 
Page 25 
If definitive patent protection lapses ex tunc, only the portion of the royalties 
paid to the patentee or the inventor that was not covered by· the profits derived from 
the exploitation of the invention may be reclaimed. 
PART 11 
PROCEDURES BEFORE THE HUNGARIAN PATENT OFFICE 
IN PATENT MATTERS 
Chapter VII 
General Provisions Governing Patent Procedures 
COlnpetence of the Hungarian Patent Office 
Article 44 
The Hungarian Patent Office is the administrative authority for industrial 
property with country-wide competence; it shall have authority in the following patent 
matters: 
( a) grant of patents; 
(b) decision on the lapse of patent protection and the restoration of patent 
protection; 
(c) revocation of patents; 
(d) decision on lack of infringement; 
( e) interpretation of patent descriptions; 
(f) recording of patent applications and patents, including matters 
concerning their maintenance; 
(g) official information on patent matters. 
Application of the General Rules o(Administrative Procedure 
Article 45 
The Hungarian Patent Office shall proceed in patent matters under its own 
competence, with the exceptions laid down in this Law, by applying the ,provisions of 
Law No. IV of 1957 on the general rules of administrative procedure. IP/NI 1 IHUN/PI 1 
Page 26 
Decisions of the Hungarian Pate1lt Office 
Article 46 
(1) In revocation procedures, in procedures for a decision on lack of 
infringement and for the interpretation of a patent description, the Hungarian Patent 
Office shall proceed in the form of a board consisting of three members; the board 
shall take its decisions on a majority. 
(2) Decisions on the grant of patents, on the lapse of patent protection, on the 
restoration of patent protection, on the revocation of patents and on lack of infringe­
ment shall be considered decisions on merits. 
(3) Decisions of the Hungarian Patent Office shall take effect on service unless 
a review is requested. 
(4) The Hungarian Patent Office may withdraw or modify its decisions on 
merits in patent matters only if a request for review is made and only until such 
request is transmitted to the court. Its decisions may not be invalidated or changed by 
a supervisory authority; they shall be without appeal. 
(5) The decisions of the Hungarian Patent Office in patent matters may be 
changed by the court in conformity with the provisions of Chapter IX. 
Establishment of Facts 
Article 47 
(1) In procedures before it, the Hungarian Patent Office shall examine the facts 
of its own motion, it shall not be restricted in such examination to the statements and 
requests of the parties. However, its decisions may only be based on facts or evidence 
on which the parties concerned have had an opportunity to present their comments. 
(2) The parties shall be invited or notified to remedy insufficiencies of 
documents submitted in patent matters. Time limits 
Article 48 IP/~/l/IIlJ~fP/l 
Page 27 
(1) The time limits prescribed by this Law shall not be extended. Failure to 
comply with such time limits shall involve legal consequences without notice. 
(2) Where this Law does not prescribe any time limit to remedy insufficiencies 
or to submit a statement, a time limit of at least 30 days shall be fixed which may be 
extended on request before the expiration of the period. A time limit of more than 
three months and more than three extensions of a time limit may be granted only in 
special cases. 
(3) The time limits generally prescribed to terminate administrative procedures 
shall not apply to patent matters. 
Restitutio in integrum 
Article 49 
(1) In patent matters -unless excluded under paragraph (5) -a request for 
restitutio in integrum may be submitted within 15 days of the unobserved time limit or 
of the last day of the unobserved period. The request must state the grounds of failure 
to comply and the circumstances showing that the failure to comply occurred without 
fault. 
(2) Where the failure to comply became known to the party subsequently or the 
cause thereof was removed subsequently, the time limit shall be reckoned from the 
date on which the failure to comply became known or the cause thereof was removed. 
The request for restitutio in integrum shall only be admissible within six months of 
the time limit not complied with or the last day of the period not complied with. 
(3) Where a time limit is not complied with, the omitted act must be carried out 
simultaneously with the filing of the request for restitutio in integrum or -if it is 
admissible -an extension of the time limit may be requested. 
(4) If the Hungarian Patent Office grants restitutio in integrum, the acts carried 
out by the party in default shall be considered to have been performed within the time 
limit not complied with; a hearing held on the day not complied with shall be repeated 
where necessary. Depending on the outcome of the new hearing, it shall be decided IPINI1/HUN /PI I 
Page 28 
whether the decision taken at the original hearing should stand or should be revoked 
in whole or in part. 
(5) Restitutio in integrUl11 shall be excluded: 
(a) in the event of failure to comply with the time limit prescribed for filing the 
declaration of priority (Article 61(2)) or with the time limit of 12 months fixed for 
claiming convention priority; 
(b) in the event of failure to comply with the time limit fixed for derivation 
(Article 62); 
(c) in the event of failure to comply with the time limit fixed for filing the 
declaration of exhibition (Article 64(1)(a)) and with the time limit of six months with 
respect to displaying at an exhibition (Article 3(b )); 
(d) in the event of failure to pay the annual fees (Article 23). 
111ternlption and Suspension ortlle Procedure 
Article 50 
(1) In the event of the death of a party or the dissolution of a legal person, the 
procedure shall be interrupted until the person of the successor in title is registered 
and his claim justified. 
(2) Where legal proceedings are instituted with respect to the entitlement to file 
a patent application or the right to a patent, the patent procedure shall be suspended 
until the court decision becomes final. Representation 
Article 51 IP/NI1 IHUNIPI 1 
Page 29 
(1) Foreign applicants shall be represented by an authorized patent attorney or 
an attorney-at-Iaw, having residence in the country, in all patent matters within the 
competence of the Hungarian Patent Office. 
(2) A power of attorney shall be drawn up as a public instrument or as a private 
paper having the force of evidence. A power of attorney given to a patent attorney or 
an attorney-at-Iaw shall be valid only if signed by the principal. 
(3) The Hungarian Patent Office shall appoint a trustee from among the patent 
attorneys and attorneys-at-Iaw: 
(a) for unknown heirs or for a party whose whereabouts are unknown, at the 
request of the adverse party, or 
(b) for a foreign party not having an authorized representative. 
Use o[Languages 
Article 52 
(1) The language of patent procedure shall be Hungarian, the patent description 
with the claims, any text matter of the drawings and the abstract shall be in 
Hungarian. 
(2) In patent matters, documents in foreign languages may also be filed; 
however, the Hungarian Patent Office may require that a translation into Hungarian, 
certified where necessary, be filed: IP/~/l/lIlJ~fP/l 
Page 30 
Access to Files 
Article 53 
(1) Prior to the publication of the patent application, only the applicant, his 
representative, the expert, or the body called upon to give an expert opinion may 
inspect the files. The inventor may inspect the files even if he is not the applicant. 
(2) The following shall be excluded from inspection even after publication: 
(a) draft decisions, and all other documents used for the preparation of 
decisions and expert opinions, which are not communicated to the parties; 
(b) documents relating to the designation of the inventor if he has requested 
that publication of his name be waived; 
(c) documents constituting State secrets. 
(3) Upon payment of a fee, the Hungarian Patent Office shall issue copies of 
documents that may be inspected. 
(4) Procedures in patent matters shall be public only if there is an adverse party 
participating. 
(5) The President of the Hungarian Patent Office may order, at the request of 
the competent Minister and in the interest of national defense, that a patent application 
be dealt with as a State secret. In such case, publication of the application and printing 
of the description shall be waived and other procedures relating to the patent shall 
also be qualified as State secrets. Chapter VIII IP/NIl/HUNIP11 
Page 31 
Registration of Patent Matters, Inforlnation to the Public 
Register o(Patellt Applications, Patent Register 
Article 54 
(1) The Hungarian Patent Office shall keep a Register of Patent Applications 
and a Patent Register which shall contain all facts and circumstances concernIng 
patent rights. 
(2) The Patent Register shall contain, in particular, the following entries: 
(a) registration number of the patent; 
(b) reference number; 
(c) title of the invention; 
(d) name (official designation) and address (place of business) of the patentee; 
( e) name and place of business of the representative; 
(f) name and address of the inventor; 
(g) filing date of the application; 
(h) priority data; 
(i) date of the decision on the grant of patent; 
(j) amount of the annual fees paid and date of payment; 
(k) legal title and date of the lapse of protection and limitation of the patent; 
(1) exploitation licenses. 
(3) Any right relative to patent protection may be invoked against a third party 
who acquired his right in good faith and for a consideration if it is recorded in the 
Patent Register. 
( 4) Any person may have access to the Patent Register and may ask for a copy 
of the registered data on payment of a fee. 
(5) Following publication of the applications, the provisions of paragraphs (3) 
and (4) shall apply mutatis mutandis to the Register of Patent Applications. IP 1Nl l/HUNIPI 1 
Page 32 
Entries in the Patent Register 
Article 55 
(1) Entries in the Register of Patent Applications or in the Patent Register shall 
be made exclusively on the basis of decisions of the Hungarian Patent Office or court 
decisions. Entries on the basis of the decisions listed in Article 85(1), may only be 
made if no review is requested within the stipulated time limit or if the decision of the 
court concerning the review has become final. 
(2) The Hungarian Patent Office shall decide on rights and facts relating to 
patent protection on the basis of a request submitted in writing. An official document 
or private paper providing sufficient evidence shall be attached to such request. 
(3) A request shall. be inadmissible if it is based on a document which is invalid 
due to formal defects or which lacks an official authentication required by law, or if it 
is clear from the contents of the document that the legal statement included therein is 
invalid. 
(4) Where the request or its enclosures contain rectifiable defects, the applicant 
shall be invited to remedy them or to submit comments. 
Information to the Public 
Article 56 
The official journal of the Hungarian Patent Office is the Gazette of Patents 
and Trademarks which shall contain, in particular, the following data and facts 
relating to patent applications and patents: 
Ca) on communication of certain data, the name and address of the applicant 
and the representative, the reference number of the application, the filing date and the 
date of priority where the latter is different, the number of the international 
publication in the case of international applications and the title of the invention; 
(b) on publication of the patent application, the data listed under paragraph (a) 
and the name of the inventor, the international classification code of the invention, the 
abstract with the characteristic figure, as well as a statement whether publication is to 
take place after the preparation of the search report; 
(c) after the grant of patent, the registration number, the name (official 
designation) and address (place of business) of the patentee, name and place of IP 1Nl 1 IHUNIPI 1 
Page 33 
business of the representative, the reference number, the filing date of the application, 
the date of priority, the title of the invention, the international classification code of 
the patent, the name and address of the inventor and the date of the decision on grant; 
(d) legal title and date of the lapse of patent protection, limitation of the patent, 
and the restoration of patent protection. 
Chapter IX 
Patent Granting Procedure 
Filing of Patent Application and Requirements 
Article 57 
(1) The procedure for the grant of a patent shall begin with the filing of a 
patent application with the Hungarian Patent Office. 
(2) A patent application shall contain a request for the grant of patent, a 
description of the invention with one or more claims, an abstract, drawings where 
necessary, and other relevant documents. 
(3) Detailed formal requirements to be complied with by patent applications 
shall be laid down by special legislation. 
(4) A patent application shall be subject to the payment of a filing fee and a 
search fee determined by special legislation; the fees shall be payable within two 
months.after the date of filing. 
(5) Where the documents making up the patent application have been prepared 
in a foreign language, the patent" description with the claims, the abstract and the 
drawings shall be filed in Hungarian within four months after the date of filing. 
(6) Until publication, the applicant may withdraw the patent application in 
compliance with the provisions of Article 41. The Hungarian Patent Office shall take 
note of the withdrawal by a decision. IP/NI 1 IHUNIPI 1 
Page 34 
Date of Filing 
Article 58 
(1) The filing date of an application shall be the date on which the application 
filed with the Hungarian Patent Office contains at least: 
( a) an indication that a patent is sought, 
(b) information identifying the applicant, 
( c) a description and the drawing. referred to therein, even though they do not 
comply with other requirements. 
(2) In place of the filing of a description and drawings, reference to a priority 
document shall suffice to accord a date of filing for the application. 
Unity o(lnvelltiol1 
Article 59 
A patent application may seek patent protection for one invention only or for a 
group of inventions so linked as to form a single general inventive concept. IP/NIl/HUN/PIl 
Page 35 
Disclosure o(Invelltioll. Claims and Abstract 
Article 60 
(1) A patent application shall disclose the invention in a manner sufficiently 
clear and detailed for it to be carried out by a person skilled in the art on the basis of 
the description and the drawings. 
(2) The claims shall define clearly the scope of the protection sought, in 
accordance with the description. 
(3) The abstract shall merely serve for use as technical information and may 
not be taken into account either for the purpose of interpreting the scope of the 
protection sought or for the purpose of defining the state of the art under Article 2(3). 
Priority 
Article 61 
(1) The date establishing priority shall be: 
( a) generally, the date of filing of the patent application (application priority); 
(b) in the cases defined by the Paris Convention for the Protection of Industrial 
Property, the date of filing of the foreign application (convention priority); 
( c) the date of filing of a previously filed and pending patent application for the 
same subject matter, which is not earlier than 12 months prior to the current filing, 
provided that it has not served as a basis for claiming a right of priority (internal 
priority). 
(2) Convention and internal priority shall be claimed within two months after 
the filing of the application. The document establishing convention priority shall be 
filed within four months after the date of filing of the application. 
(3) If internal priority is claimed, the previous patent application shall be 
considered withdrawn. 
(4) Multiple priorities may be claimed for anyone claim in a patent 
application. IP/NIIIHUNIPI 1 
Page 36 
(5) If one or more priorities are claimed with respect to a patent application, the 
right of priority shall cover only those elements that are disclosed by the application 
establishing the given priority in accordance with Article 60( 1). 
Derivation from Utility Model Application 
Article 62 
(1) Where the applicant has already filed a utility model application at an 
earlier date, he may, in his declaration of priority filed within two months after the 
date of filing of a patent application for the same subject matter, claim the filing date 
of the utility model application and the right of priority relating to such application 
( derivation). 
(2) Derivation of a patent application shall be admissible within three months 
from the date when the decision on the grant of utility model protection becomes final, 
but not later than 20 years from the filing date of the utility model application. 
Deposit and Availability of Micro organ isrns 
Article 63 
(1) If an invention involving the use of a microorganism which is not available 
to the public cannot be disclosed in the patent application, as required by Article 
60( 1), a certificate shall be filed attesting to the fact that a culture of the 
microorganism has been deposited under the Budapest Treaty on the International 
Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. 
(2) If the culture of a microorganism is deposited after the filing of the patent 
application, the date of deposit shall be regarded as the date of filing. 
(3) The certificate of deposit may be submitted within a period of four months 
after the date of filing. 
(4) The deposited culture shall be made available by the depositary institution 
by furnishing samples to any person after the date of publication of the patent 
application and to any person having the right to inspect the files under the provisions 
of Article 53(1) prior to that date. IP/N/l/HUN/P/l 
Page 37 
(5) The person to whom a sample of the microorganism has been furnished 
may not make the deposited culture or any culture derived therefrom available to any 
third party before the termination of the patent grant procedure or before the lapse of 
patent protection and, with the exception of a holder of a compulsory license, he may 
use the deposited culture only for experimental purposes. A derived culture is deemed 
to be any culture of the microorganism which still has those characteristics of the 
deposited culture which are essential to carry out the invention. 
Declaration and Certification of Exhibition 
Article 64 
(1) The applicant may request under Article 3(b) that the display of his 
invention at an exhibition shall not be taken into consideration when the state of the 
art is determined, if 
(a) he files a statement to this effect within two months after the date of filing 
of the patent application and 
(b) he files within four months after the date of filing of the patent application, 
a certificate issued by an authority responsible for the exhibition attesting to the 
display and date of the exhibition. 
(2) The certificate must be accompanied by a description and, if necessary, 
drawings bearing the authentication of the authority responsible for the exhibition. 
(3) The certificate may only be issued during the period of the exhibition and 
only while the invention or its disclosure can be seen at the exhibition. IP/N/1/HUNIPIl 
Page 38 
Examination on Filing 
Article 65 
Following the filing of a patent application, the Hungarian Patent Office shall 
examine whether 
(a) the application satisfies the requirements for according a date of filing 
(Article 58), 
(b) the filing fee and the search fee have been paid (Article 57(4)), 
( c) the description, the abstract and the drawings have been filed In the 
Hungarian language (Article 57(5)). 
Article 66 
(1) If a date of filing cannot be accorded, the applicant shall be invited to 
correct the defects within 30 days. 
(2) If the applicant complies with that invitation within the specified time limit, 
the date of receipt of the correction shall be accorded as the date of filing. Failing 
which, the patent application shall be considered withdrawn. 
(3) The applicant shall be notified of the accorded date of filing. 
(4) If the filing fee and the search fee have not been paid or the patent 
description, the abstract and the drawings have not been filed in the Hungarian 
language, the Hungarian Patent Office shall invite the applicant to remedy the defects 
within the period specified by this Law (Article 57(4) and (5)). Failing which, the 
application shall be considered withdrawn. Communication of Certain Data 
Article 67 JP 1Nl 1 IHUN/P/l 
Page 39 
If, either on filing or as a result of a correction, a patent application complies 
with the requirements prescribed for according a date of filing, the Hungarian Patent 
Office shall publish the official information specified in Article 56( a) in its official 
journal (communication of certain data). 
Examination as to Formal Requirements 
Article 68 
(l) If a patent application satisfies the requirements examined under Article 65, 
the Hungarian Patent Office shall examine whether the formal requirements of Article 
57(2) and (3) have been satisfied. 
(2) Where the application does not comply with the requirements examined 
under paragraph (1), the applicant shallbe invited to correct the defects. 
(3) The patent application shall be rejected if, in spite of correction or 
comments~ it still does not comply with the requirements under examination. An 
application may be rejected only for grounds precisely and expressly stated in the 
invitation. 
(4) Where the applicant does not reply to the invitation within the fixed time 
limit, the patent application shall be considered withdrawn. 
Novelty Search 
Article 69 
(l) If a patent application satisfies the requirements laid down in Article 65, the 
Hungarian Patent Office shall carry out a novelty search and shall draw up a search 
report on the basis of the claims, with due regard to the description and any drawings. 
(2) The search report shall mention those documents and data which may be 
taken into consideration in deciding whether the invention to which the patent 
application relates is new and involves an inventive activity. IP/NII/HUNIPI 1 
Page 40 
(3) The search report together with copies of any cited document shall be 
transmitted to the applicant. 
(4) Information shall be published in the official journal of the Hungarian 
Patent Office on the search carried out simultaneously with the publication of the 
application, or separately if the search report is available at a later date. 
Publication 
Article 70 
(1) A patent application shall be published after the expiry of 18 months from 
the earliest date of priority. 
(2) At the request of the applicant, the application may be published at an 
earlier date if it satisfies the requirements of Article 65. 
(3) Publication shall be made by giving information to the public in the official 
journal of the Hungarian Patent Office as laid down in Article 56(b). 
(4) The applicant shall be notified of the publication. 
Observations 
Article 71 
(1) During the patent granting procedure any person may file an observation 
with the Hungarian Patent Office to the effect that the invention or the application 
does not comply with a requirement of patentability. 
'11 
(2) Such observation shall be taken into consideration when the requirement 
objected to in the observation is examined, . 
(3) The person making the observation shall" not be a party to the patent 
granting procedure. That person shall be notified of the outcome of his observation. Amendment and Division 
Article 72 IP/N/IIHUNIPIl 
Page 41 
(1) A patent application may not be amended in such a way that, by introducing 
new subject matter, it contains subject matter which extends beyond the content of the 
application at the date of filing. 
(2) The applicant shall be entitled to amend the description, claims and 
drawings as laid down in paragraph (1) until such time as the decision on the grant of 
a patent becomes finaL 
Article 73 
(1) If the applicant has claimed patent protection for more than one invention in 
one application, he may divide the application, retaining the date of filing and any 
earlier priority, until such time as the decision on the grant of a patent becomes finaL 
(2) A fee prescribed by special legislation shall be paid for division within 
two months from the filing of the relevant request. 
(3) If the fee for division is not paid upon filing the request, the Hungarian 
Patent Office shall invite the applicant to correct the defect within the time limit fixed 
in paragraph (2). Failing which, the request for division shall be considered 
withdrawn. 
Substantive Examination 
Article 74 
(1) The Hungarian Patent Office shall carry out a substantive examination of 
the published patent application at the request of the applicant. 
(2) The substantive examination shall ascertain 
(a) whether the invention meets the requirements of Articles 1 to 5 and whether 
it is not excluded from patent protection under Article 6(2) and 
(b) whether the application complies with the requirements laid down by this 
Law. IPINI lIHUNIP 11 
Page 42 
Article 75 
(1) Substantive examination may be requested simultaneously with the filing of 
the patent application or -within six months at the latest after the date of the official 
information on the performance of the novelty search (Article 69(4)). Failing which, 
provisional patent protection shall be considered relinquished. 
(2) Withdrawal of the request for substantive examination shall have no legal 
effect. 
(3) An examination fee prescribed by special legislation shall be payable within 
two months from the filing of the request. 
(4) If the examination fee is not paid upon filing the request, the Hungarian 
Patent Office shall invite the applicant to correct the defect within the time limit fixed 
in paragraph (3). Failing which, the application shall be considered withdrawn or the 
provisional patent protection shall be considered relinquished, respectively. 
(5) The examination fee shall be refunded on request if before the date of the 
official information on the novelty search the applicant withdraws the application or 
relinquishes provisional patent protection. 
Article 76 
(1) If a patent application does not meet the requirements examined under 
Article 74(2), the applicant shall be invited, according to the nature of the objection, 
to correct the defects, to submit comments or to divide the application. 
(2) A patent application shall be rejected in whole or in part if it does not meet 
the examined requirements even after the correction of the defects or the submitting of 
comments. 
(3) An application may be rejected only on grounds that have been precisely 
and expressly stated and duly reasoned in the invitation. Where neceSSaIY, a further 
invitation shall be issued. 
(4) If the applicant fails to reply to the invitation or to divide the application, he 
shall be considered to have relinquished the provisional patent protection. Grant of Patent 
Article 77 IP IN/l/HUNIPI 1 
Page 43 
(1) If the patent application and the invention to which it relates meet all the 
requirements of the examination (Article 74(2)), the Hungarian Patent Office shall 
grant a patent for the subject matter of the application. 
(2) Before the grant of a patent, the text of the description, claims and drawings 
forming the basis of the grant shall be transmitted to the applicant who may notify, 
within three months, his approval of the text transmitted. 
(3) lfthe applicant approves the text or fails to submit comments, a patent shall 
be granted on the basis of the description, claims and drawings as transmitted. If the 
applicant proposes amendments or files a new description, claims and drawings, the 
Hungarian Patent Office shall decide whether these shall be taken into account when 
stating the final text. 
( 4) Before the grant of a patent, the fees for grant and printing fixed by special 
legislation shall be payable within the period of three months stipulated for the 
statement under paragraph (2). If the applicant fails to pay those fees, he shall be 
considered to have relinquished the provisional patent protection. 
Article 78 
(.1) After the grant of a patent, the Hungarian Patent Office shall issue a patent 
certificate to which the printed description, claims and drawings shall be annexed. 
(2) The grant of the patent shall be recorded in the Patent Register (Article 54), 
and relevant information shall be given in the official journal of the Hungarian Patent 
Office (Article 56). IP/N/lIHUNlPll 
Page 44 
Chapter X 
Other Procedures in Patent Matters 
Procedure for Declaration of Lapse and for Restoration of Patent Protection 
Article 79 
(1) The Hungarian Patent Office shall declare the lapse of provisional patent 
protection under Article 38(b) and ( c) and that of definitive patent protection under 
Article 39(b) and (c); it shall restore patent protection under Article 40. 
(2) The lapse of patent protection and the restoration of patent protection shall 
be entered in the Register of Patent Applications and the Patent Register, respectively 
(Article 54), and relevant information shall be given in the official journal of the 
Hungarian Patent Office (Article 56). 
Revocation Procedure 
Article 80 
(1) Any person may institute proceedings for revocation of a patent against 
the patentee under Article 42. 
(2) The petition for revocation shall be filed with the Hungarian Patent Office 
with a copy for each patentee plus one additional copy. The petition shall state the 
grounds on which it is based and documentary evidence shall be annexed. 
(2) A fee prescribed by special legislation shall be payable for the petition for 
revocation within two months from the filing of the petition. 
(4) If the petition for revocation does p.ot comply with the requirements laid 
down in this Law, the petitioner shall be invited to correct the defects; if the fee for 
the petition has not been paid, the petitioner shall be invited to make payment within 
the time limit fixed by this Law. Failure to remedy the defects shall result in the 
petition for revocation being considered withdrawn. 
Article 81 
(1) The Hungarian Patent Office shall invite the patentee to submit comments 
on the petition for revocation. Following the written preparatory work, it shall decide IPIN 11IHUNIPI 1 
Page 45 
at a hearing on the revocation or limitation of the patent or on the refusal of the 
petition. 
(2) If there is more than one petition for revocation of the same patent, they 
shall be dealt with together. 
(3) lfthe petition for revocation is withdrawn, the procedure may be continued 
ex officio. 
(4) The losing party shall be required to bear the costs of the revocation 
procedure. 
(5) The revocation or limitation of the patent shall be recorded in the Patent 
Register (Article 54) and relevant information shall be given in the official journal of 
the Hungarian Patent Office (Article 56). 
Procedure {or a Decision Oil Lack o(In{ringement 
Article 82 
(1) A request for a decision on lack of fringement (Article 37) shall be filed 
with the Hungarian Patent Office with a copy for each patentee plus one additional 
copy. The request shall contain the description and drawings of the product or process 
exploited or intended for exploitation, as well as the description and drawings of the 
patent involved. 
(2) A request for a decision on lack of infringement may be filed only In 
respect of one patent. 
(3) A fee fixed by special legislation shall be payable for a request for a 
decision on lack of infringement within two months from the filing of the request. 
(4) If the request for a decision on lack of infringement does not comply with 
the requirements laid down in this Law, the requesting party shall be invited to correct 
the defects; if the fee for the request has not been paid, that party shall be invited to 
make payment within the time limit fixed by this Law. Failure to correct the defects 
shall result in the request for a decision on lack of infringement being considered 
withdrawn. IP/N/lIHUN/P/l 
Page 46 
Article 83 
(1) The Hungarian Patent Office shall invite the patentee to submit comments 
on the request for a decision on lack of infringement. Following the written 
preparatory work, it shall decide at a hearing whether the request shall be admitted or 
refused. 
(2) The requesting party shall bear the costs of the procedure for a decision on 
lack of infringement. 
interpretation o(Patent Description 
Article 84 
In the case of a dispute concerning the interpretation of the patent description, 
the Hungarian Patent Office shall give an expert opinion at the request of the 
competent court or other authority. 
PART III 
COURT PROCEEDINGS IN PATENT CASES 
Chapter XI 
Review of Decisions of the Hungarian Patent Office 
Request (or Review 
Article 85 
(1) Upon request, the court may review decisions on merits taken by the 
Hungarian Patent Office (Article 46(2)) as also its decisions declaring interruption of 
procedure, suspending procedure or furnishing a basis for entries in the Register of 
Patent Applications or the Patent Register. 
(2) Any party to procedures before the Hungarian Patent Office may request 
review of a decision. 
(3) Review of a decision on the revocation of a patent may also be requested by 
the inventor of a service invention. Review of a decision on the grant and revocation 
of a patent may be requested by the public prosecutor under Article 6(2). JP IN/lIHUNlP1l 
Page 47 
( 4) The request for review must be filed within 30 days from the date of 
notification of the decision to the party concerned or to the inventor of a service 
invention. 
(5) The request shall be filed with the Hungarian Patent Office which shall 
forward it, together with the documents of the patent file, to the court within 15 days. 
(6) The rules concerning complaints shall apply nlutatis mutandis to the 
requirements for a request for review . 
(7) In the case of a request filed late, the court shall decide on the request for 
restitutio in integrum. 
Jurisdiction and Competence 
Article 86 
(1) In proceedings for the review of decisions taken by the Hungarian Patent 
Office, the Metropolitan Court shall have jurisdiction and exclusive competence. 
(2) In appeals lodged against decisions of the Metropolitan Court, the Supreme 
Court shall have jurisdiction. 
Composition of the Court 
Article 87 
The Metropolitan Court shall sit in a chamber consisting of three professional 
judges of whom two shall have technical university degrees or equivalent 
qualifications. 
Rules Governing Proceedings Concerning 
Requests (or Revierv 
Article 88 
The court shall hear requests for the reVIew of decisions taken by the 
Hungarian Patent Office in accordance with the rules of non-contentious civil 
procedure, subject to the exceptions mentioned in this Law. Unless this Law or the 
non-contentious nature of the procedure indicates otherwise, the rules of the Code of 
Civil Procedure shall apply to the proceedings mutatis mutandis. IP/NIIIHUNIPI 1 
Page 48 
Publicity 
Article 89 
The court may, at the request of a party, exclude the public from the hearing or 
from the pronouncing of the decision notwithstanding the fact that the requirements 
prescribed in the general provisions of the Code of Civil Procedure may not be 
fulfilled. 
Incompatibility 
Article 90 
(1) In addition to the cases determined in the general provisions of the Code of 
Civil Procedure, the following persons shall be excluded from participating in the 
proceedings or from acting as judges: 
(a) persons who participated in taking the decision of the Hungarian Patent 
Office; 
(b) relatives, as defined in the general provisions of the Code of Civil 
Procedure relating to the incompatibility of judges, of a person mentioned under ( a), 
above. 
(2) The provisions of paragraph (l) shall also apply to the persons keeping 
records of evidence and to the experts. 
Parties to the Proceedings and Other Participants 
Article 91 
(1) The person who filed the request shall be a party to the court proceedings. 
The public prosecutor instituting proceedings shall be entitled to all the rights to 
which a party is entitled, except that he may not agree to a compromise nor relinquish 
or recognize rights. 
(2) Where an adverse party has also taken part in the procedure before the 
Hungarian Patent Office, the court proceedings shall be initiated against that party. Article 92 IP/NlllHUNlPll 
Page 49 
Where a joint patentee acts independently to maintain and protect patent rights, 
or proceedings have been initiated against one only of the joint patentees, the court 
shall notify the other joint patentees that they may join the proceedings. 
Article 93 
(1) Any person having a legal interest in the outcome of the proceedings for 
review of decisions taken by the Hungarian Patent Office may intervene in the 
proceedings, until such time as the court decision becomes final, in favor of the party 
whose interests he shares. 
(2) Save for compromise, recognition and relinquishment of rights, the 
intervenor may take any action which the party he supports is entitled to take, except 
that his acts shall have effect only where they do not conflict with the acts of the party 
concerned. 
(3) Any legal dispute between the intervenor and the party concerned may not 
be decided in the course of the proceedings. 
Represen tation 
Article 94 
(1) Patent attorneys may also act as representatives in proceedings. 
(2) The power of attorney given to a patent attorney or an attorney-at-law shall 
be valid only if signed by the prinCipal. 
Costs of Proceedings 
Article 95 
(1) Where an adverse party also takes part In the court proceedings, the 
provisions on litigation costs shall apply mutatis mutandis to the preliminary deposit 
and payment of the costs of proceedings. 
(2) In the absence of an adverse party, the applicant shall advance and meet the 
costs. IP/~/l/IIlJ~fP/l 
Page 50 
(3) The expenses and fees of the patent attorney representing the party shall be 
added to the costs of proceedings. 
Omission 
Article 96 
Where neither the applicant nor any of the parties appear at the hearing or 
where none of the parties respond to the invitation of the court in the fixed time limit, 
the court shall decide on the request on the basis of the material at its disposal. 
Restltutio in integrum 
Article 97 
The provisions of Article 49 shall apply mutatis mutandis to the submission of 
a request for restitutio in integrnm in non-contentious proceedings. 
Hearing and Taking of Evidence 
Article 98 
(1) The court of first instance shall take evidence and shall hold its hearings in 
accordance with the provisions of the Code of Civil Procedure. 
(2) If no adverse party takes part in the proceedings and the case can be settled 
on the basis of documentary evidence, the court may take a decision without a 
hearing,. but the party shall be heard at his request. 
(3) Should the court consider the case without a hearing, but find during the 
proceedings that a hearing is necessary, it may at any time order such hearing. 
However, where the court considers the case at a hearing, or has ordered a hearing, it 
may not revoke such order and consider the case without a hearing. 
( 4) Compromise may not be reached in the court proceedings if such 
compromise was not possible in the procedure before the Hungarian Patent Office. Decisions 
Article 99 IP/N/IIHUN/P/l 
Page 51 
The court shall decide· both on the merits of a case and on other matters by a 
judgment. 
Article 100 
(1) If the court changes a decision taken in a patent case, the judgment shall 
replace the decision of the Hungarian Patent Office. 
(2) The court shall repeal a decision and order the Hungarian Patent Office to 
start a new procedure if: 
(a) the decision was taken with the participation of a person who could be 
objected to on the grounds of incompatibility; 
(b) important rules of procedure which cannot be remedied by the court were 
infringed during the procedure before the Hungarian Patent Office; 
(c) the patent application has been rejected for formal reasons and the applicant 
remedies the defects simultaneously with the filing of a request for review or at the 
invitation of the court. 
(3) Where a party requests a court decision on a matter which was not the 
subject of the procedure before the Hungarian Patent Office, the court shall refer the 
request to the Hungarian Patent Office. In such case the court shall, if necessary, 
repeal the decision of the Hungarian Patent Office. 
(4) Where, after the filing of a request for review, the Hungarian Patent Office 
withdraws or repeals its decision since it does not qualify as taken on merits, the court 
shall terminate the proceedings. If the Hungarian Patent Office has changed its 
decision, the court proceedings may only continue in respect of matters still pending. 
Article 101 
The court judgment on the merits of a case shall be communicated by service. IP/NI 1 IHUNIPI 1 
Page 52 
Court Proceedings at Second Instance 
Article 102 
(1) The court of second instance shall decide on appeals lodged against 
decisions of the court of first instance in accordance with the provisions of the Code 
of Civil Procedure except that it may also take limited evidence at a hearing. 
(2) The court of second instance shall decide on appeals at a hearing if an 
adverse party also takes part in the proceedings. 
Exclusion of Request for Reconsideration 
Article 103 
No request for reconsideration is admissible in respect of final court decisions 
on the amendment of decisions of the Hungarian Patent Office. 
Chapter XII 
Patent Litigation 
Rules Governing Patent Litigation 
Article 104 
(1) The Metropolitan Court shall have jurisdiction and exclusive competence in 
court proceedings concerning the grant, modification or cancellation of a compulsory 
license,.the establishment of prior or continued use and concerning the infringement 
of an invention or a patent. 
(2) In such proceedings, the chamber of the Metropolitan Court shall be 
composed as laid down in Article 87. 
(3) Any other patent litigation not mentioned under paragraph (1) shall be 
heard by the county courts (or Metropolitan Court). 
(4) The general provisions of the Code of Civil Procedure shall apply in the 
court proceedings referred to under paragraphs (1) and (3), with the exceptions laid 
down in Articles 89, 90, 94 and 95(3) of this Law. PART IV IP/NlllHUNlPll 
Page 53 
PATENT PROTECTION FOR PLANT VARIETIES AND ANIMAL BREEDS 
Chapter XIII 
Provisions Concerning Plant Varieties 
Conditions of Patent Protection for Plant Varieties 
Article 105 
(1) A plant variety shall be patentable if it is distinct, uniform, stable and new 
and has been given a denomination suitable for registration. 
(2) The variety shall be deemed to be distinct if it clearly differs by one or 
more morphological or other measurable characteristics from any other variety whose 
existence is a matter of common knowledge at the date of priority. 
(3) The variety shall be deemed to be uniform if the relevant characteristics of 
its individuals are identical. 
(4) The variety shall be deemed to be stable if its relevant characteristics 
remain unchanged after repeated propagation or at the end of each cycle of 
propagation. 
(5) The variety shall be deemed to be new if it has not been offered for sale or 
marketed with the consent of the breeder or his successor in title: 
(a) in the country earlier than one year before the date of priority; 
(b) abroad earlier than four years or, in the case of trees and vines, earlier than 
six years before the date of priority. 
(6) The denomination must, at the date of priority, be such that the variety may 
be identified. In particular, it may not consist solely of figures except where this is an 
established practice for designating varieties, it must not be liable to mislead, it must 
be different from the denomination of an existing variety of the same or closely 
related plant species and its use must not be contrary to public policy or morality. IP/NI 1 IHUN/PI 1 
Page 54 
Rights and Obligations 
Deriving from Patent Protection for Plant Varieties 
Article 106 
(1) A patent granted for a plant variety shall confer on the patentee the 
exclusive right in respect of: 
(a) the production for the purposes of commercial marketing, the offering for 
sale or the marketing of the propagating material, as such, of the plant variety; 
(b) the repeated use of the plant variety for the commercial production of 
another variety; 
(c) the commercial use as propagating material of ornamental plants marketed 
for purposes other than propagation. 
(2) Entire plants, seeds or other parts thereof suitable for propagation shall be 
considered propagating material. 
(3) The propagating material of the patented plant variety may be exported only 
by the authorization of the patentee to a country in which the plant variety does not 
enjoy protection similar to that provided by this Law. 
(4) Patent protection shall have a duration of 15 years from the date of the grant 
of a patent or, in the case of trees and vines, of 18 years from such date. 
(5) The patentee shall be required to maintain the plant variety during the 
period of patent protection. 
(6) Where a plant variety has been qualified by the State, the inventor shall be 
entitled, at the patentee's discretion, to remuneration or to other compensation under 
the provisions on State qualification of plant varieties. 
Substantive Examination o(Applications 
Concerning Plant Varieties 
Article 107 
(1) A patent application may only seek patent protection for a single plant 
variety. IP/N/l IHUNIPI 1 
Page SS 
(2) The substantive examination of the application carried out by the Hungarian 
Patent Office shall ascertain: 
(a) whether the plant variety meets the requirements laid down in Article 105 
and is not excluded from patent protection under Article 6(2); 
(b) whether the application complies with the requirements prescribed by this 
Law. 
(3) The distinctness, uniformity and stability of the plant variety shall be 
assessed in the course of qualification by the State or on the basis of the results of 
experimental testing carried out for the purposes of patent procedure. The 
experimental testing shall be carried out in the territory of the country by an 
organization designated in special legislation. 
(4) The results of experimental testing carried out by a competent foreign 
organization may be taken into consideration in the patent procedure with the consent 
of such organization subject to reciprocity. In the matter of reciprocity, the standpoint 
of the President of the Hungarian Patent Office shall be decisive. The Hungarian 
Patent Office shall notify the organization mentioned under paragraph (3) of the 
acceptance of the results of foreign testing. 
(5) The cost of experimental testing shall be borne by the applicant. 
(6) The results of experimental testing may be filed by the applicant within four 
years following the date of priority. 
Revocation of Patent Granted for a Plant Variety, 
Cancellation of Variety Denominatio1l 
Article 108 
(1) A patent granted for a plant variety shall be revoked 
(a) ex tUIlC, if the plant variety was not distinct or new or was excluded from 
patent protection under Article 6(2), 
(b) with effect from the date at which the relevant decision has become final, if 
the patentee does not comply with the obligations provided for in Article 1 06( 5). IP/~/l/fI{]~fP/l 
Page 56 
(2) The variety denomination shall be cancelled if it was not suitable for 
registration and another variety denomination shall be given. 
Application of General Provisions 
Article 109 
(1) The patented plant variety may be put into public production only after 
having been qualified by the State. 
(2) In any other matters, the provisions of Chapters I to XII shall apply mutatis 
lnutandis to plant varieties and their patent protection. 
Chapter XIV 
Provisions Concerning Animal Breeds 
Conditions of Patent Protection for Animal Breeds; 
Right to Grant of Patent 
Article 110 
(1) An animal breed shall be patentable if it is distinct and new and has been 
given a denomination suitable for registration. Where an animal breed does not fall 
within the scope of the Law on Livestock Breeding, patentability shall also be subject 
to reproducibility of the animal breed. 
(2) The animal breed shall be deemed distinct if it clearly differs in one or 
more assessment characteristics from any other breed whose existence is a matter of 
common knowledge at the date of priority. 
(3) The animal breed shall be deemed reproducible if its assessment 
characteristics remain unchanged through several generations. 
(4) The animal breed shall be deemed new ifit has not been offered for sale or 
marketed with the consent of the breeder or his successor in title earlier than one year 
before the date of priority. 
(5) The denomination must, at the date of priority, enable the animal breed to 
be identified. In particular, it may not consist solely of figures except where this is an 
established practice for designating breeds, it must not be liable to mislead, it must be IP/N/IIHUNIPIl 
Page 57 
different from the denomination of an existing breed of the same or a closely related 
animal species and its use must not be contrary to public policy or morality. 
(6) In the case of State approved breeds, the right to a patent shall belong to the 
person applying for approval or to his successor in title. 
Rights and Obligations 
Deriving from Patent Protection of Animal Breeds 
Article 111 
(1) A patent granted for an animal breed shall confer on the patentee an 
exclusive right in respect of 
(a) the production for the purposes of commercial marketing, the offering for 
sale or the marketing of the propagating material, as such, of the animal breed, 
(b) the repeated use of the animal breed for the commercial production of 
another breed. 
(2) The animal itself (individual), sperms, ova, eggs suitable for hatching, 
embryos, or any other biological units or parts influencing or controlling propagation 
(e.g. parts of genes, cells) shall be considered propagating material. 
(3) The propagating material of the patented animal breed may be exported 
only with the authorization of the patentee to a country in which the animal breed does 
not enjoy protection similar to that provided by this Law. 
(4) Patent protection shall have a duration of 20 years from the date of filing of 
the application. 
Substantive Examination o{Applicatiolls 
Concerning Animal Breeds 
Article 112 
(1) A patent application may only seek patent protection for a single animal 
breed. 
(2) The substantive examination of the application carried out by the Hungarian 
Patent Office shall ascertain: IP/NI 1 IHUNlPll 
Page 58 
(a) whether the animal breed meets the requirements laid down in Article 
110(1) to (5) and is not excluded from patent protection under Article 6(2), 
(b) whether the application complies with the requirements prescribed by this 
Law. 
(3) The distinctness and reproducibility of the animal breed shall be assessed in 
the course of State approval or on the basis of the results of experimental productivity 
testing carried out for the purposes of patent procedure. The experimental testing shall 
be carried out in the territory of the country by an organization designated in special 
legislation. 
(4) The result of experimental productivity testing carried out by a competent 
foreign organization may be taken into consideration in the patent procedure with the 
consent of such organization and subject to reciprocity. In the matter of reciprocity, 
the standpoint of the President of the Hungarian Patent Office shall be decisive. The 
Hungarian Patent Office shall notify the organization mentioned under paragraph (3) 
of the acceptance of the results of foreign testing. 
(5) The results of experimental productivity testing may be filed by the 
applicant within four years following the date of priority. 
(6) The cost of experimental productivity testing shall be borne by the 
applicant. 
Revocation of Patent Granted for an Animal Breed. 
Cancellation or Denomination 
Article 113 
(1) A patent granted for an animal breed shall be revoked ex tunc if the animal 
breed was not distinct or new or was excluded from patent protection under Article 
6(2). 
(2) The denomination shall be cancelled if it was not suitable for registration 
and another denomination shall be given. Application of General Provisions 
Article 114 IP/N/IIHUNIPll 
Page 59 
(1) A patented animal breed falling within the scope of the Law on Livestock 
Breeding may be put into public production only after State approval. 
(2) In any other matters, the provisions of Chapters I to XII shall apply lnutatis 
mutandis to animal breed~ and their patent protection. 
PART V 
FINAL PROVISIONS 
Chapter XV 
Entry Into Force; Transitional Provisions 
Rules Establishing Provisions Concerning the EntJy Into Force of this Law 
and Transitional Provisions 
Article 115 
(1) This Law shall enter into force on January 1, ~996; its provisions shall 
apply -with the exceptions set out in paragraphs (2) and (5) -only in procedures 
started after its entry into force. 
(2) The provisions of Article 49 shall also apply mutatis mutandis to pending 
matters . 
. (3) Where a contract of remuneration or a patent license agreement was 
concluded or a service invention was utilized before the entry into force of this Law, 
the provisions valid at the time of the conclusion of the contract or of the utilization 
shall apply. 
(4) Exploitation commenced before the entry into force of this Law shall be 
subject to the previously applicable provisions with respect to the scope and 
limitations of patent protection and patent infringement. 
(5) The registration, maintenance, lapse and restoration of patents valid at the 
date of entry into force of this Law shall be subject to the provisions of this Law IP/N/IIHUNlPll 
Page 60 
except that, with respect to the conditions of revocation of the patent, the provisions 
applicable at the date of priority shall be decisive. 
(6) Following the entry into force of this Law, the National Office of 
Inventions shall continue to operate under the name "Hungarian Patent Office". Any 
mention of the National Office of Inventions in legislation shall mean the Hungarian 
Patent Office. 
Repealed Provisions 
Article 116 
Simultaneously with the entry into force of this Law, the following shall be repealed: 
(a) Law No. II of 1969 on the Protection of Inventions by Patents, as amended 
by Decree Law No. 5 of 1983, Article 39 of Law No. XXXVIII of 1991, Article 3(1) 
of Law No. IV of 1992, Article 23 of Law No. LXVIII of 1992 and Articles 1 to 6 of 
Law No. VII of 1994; 
(b) Articles 29(4) and 34(2) of Law No. XXXVIII of 1991 on Utility Model 
Protection; 
(c) Decree No. 77/1989 (VII. 10.) MT Concerning Remuneration to be Paid for 
Employee Inventions and Certain Other Measures Related to Inventions; 
(d) Joint Decree No. 411969 (XII.28.) OMFB-IM on the execution of Law No. 
II of 1969 on the Protection of Inventions by Patents as amended by Decree No. 
411983 (V.l2.) IM, and Article 1 of Decree No. 1111986 (IX.l!.) IM; 
(e) Decree No. 9/1969 (XII.28.) IM concerning Court Proceedings in Patent 
Matters. 
Amended Provisions 
Article 117 
Simultaneously with the entry into force of this Law, IP/NI1 IHUN/PI 1 
Page 61 
(a) in Article 3(6) of Law No. IV of 1957 on the General Provisions on 
Administrative Procedure the words "and in industrial property matters" shall be 
added after the words "in revenue matters"; 
(b) the following provisions shall be substituted for Article 8 of Law No. 
XXXVIII of 1991 on Utility Model Protection: 
"Article 8. The provisions on service and employee inventions shall apply 
mutatis mutandis to utility models created by persons working in employment or in 
civil service, by professional members of the armed forces and of the police -persons 
in service relationship -or by members of a co-operative working within the 
framework of a legal relationship of an employment nature."; 
(c) the following provision shall be substituted for Article 37(2) of the La\v on 
Utility Model Protection: 
"(2) Any person who took part as a party in the procedure before the Hungarian 
Patent Office may request that the decision be reviewed. Review of the decision on 
the revocation of utility model protection may be requested by the inventor of the 
employee utility model as well. Review of the decision on the grant and revocation of 
utility model protection may be requested by the public prosecutor under Article 
6(2)." 
Authorization 
Article 118 
(1) The Minister· of Justice shall be authorized to establish by decree, in 
agreement with the President of the Hungarian Patent Office, the detailed formalities 
for patent applications. 
(2) The Minister supervising the Hungarian Patent Office shall be authorized to 
establish by decree the detailed rules concerning the board of experts for inventions.