WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlN/l/HUN/I/l-
11 November 1996 
(96-4424) 
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. XXXVIII of 1991 on Utility Model Protection, 
as notified by Hungary under Article 63.2 of the Agreement (see document IP/N/1/HUN/I). 
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 texte1 de la Loi n· XXXVIII de 1991 sur la protection des 
modeles d'utilite, notifiee par la Hongrie au titre de I'article 63:2 de l' Accord (voir le document 
IP IN 11 IHUN 11). 
Consejo 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 el texto de la Ley de Protecci6n de los Modelos de 
Utilidad N° XXXVIII de 1991~ notificada por Hungria en virtud de 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/l/HUN/1). 
lEnglish only/anglais seulement/en ingles solamente. IP/N/lIHUN/IIl 
Page 2 
law No. XXXVIII of 1991 
on Utility Model Protection 
PART I 
Protectable utility model 
§ 1 
(1) Utility model protection shall be granted to any solution 
relating to the configuration or construction of an article or to 
the arrangement of parts thereof (hereinafter referred to as 
"utility model") which is new, involves inventive step and is 
susceptible of industrial application. 
(2) Within the meaning of paragraph (1), utility model protec­
tion shall not be granted, in particular, to 
~) aesthetic designs of an article, 
b) plant varieties and animal breeds. 
§ 2 
(1) The solution for which utility model protection is sought 
shall be considered to be 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 writte~ description or 
by public use in the country before the date of priority. 
(3) Any patent application or utility model application having 
an earlier date of priority that was announced by the National 
Office of Inventions -in the c~urse of publication, the giant of 
patent or utility model protection -following the date of priority 
of the utility model application, shall also be considered to form 
part of the state-of-the-art. 
(4) For the application of paragraphs (1) and (2), a written 
description or public use within six months preceding the date of 
priority of the application shall not be taken into consideration 
if it was made by, or with the consent of, the applicant or his 
predecessor in title, or if it was due to an abuse of the rights of 
the applicant or tlis predecessor in title. § 3 IPINI I/HUN/II 1 
Page 3 
(1) The utility model involves inventive step if it is not 
obvious to. a skilled craftsman as compared with the state-of-the-art. 
(2) Fer the application of paraDrap~ (1), the part of the 
state-of-the-art under Article 2(3) are not to be considered. 
§ 4 
The utility model shall be considered susceptible of 
industrial E~plication if it can he ~ade or used in ariy kind pf 
indus~ry, inclu~ing agriculture. 
§ 5 
(1) The applicant shall be granted protection fo~ his utility 
model if 
a) the utility model ~atisfies the requirements prescribed in 
Articles 1· to 4 of the Law and it is not excluded from utility model 
protection within th~ meaning of Article 1(2), . . 
b) the application complies with the formal requirements 
prescribed by this Law .. 
(2) The utility model cannot be~granted protection if its use ~ould 
be contrary to law or public morals, unless merely the trade in such 
products is restricted by law. 
Inventor of the utility model and 
right to utility model protection 
§ 6 
The inventor of the utility model is the person who has created 
the utility model. IP/N/I/HUN/l/l 
Page 4 
§ 7 
(1) The right to the utility model protection shall belong to 
the inventor or his successor in title. 
(2) If two or more persons have jointly created a utility model, 
the right to utility model protection shall jointly belong to ~hem 
or their successors in title. If two or more persons have created 
the utility model independently of each other, the right to utility 
model protection shall belong to the inventor or his successor in 
title who filed the application with the National Office of Inven­
tions with the earliest date of priority. 
§ 8 
(1) Where, on the basis of his employment or by virtue of 
other )egal relations, the inventor is under obligation to create a 
utility model (employees' utility model), the right to the utility 
model protection shall belong to the employer or the person entitled 
by other legal relations. 
(2) The inventor of an employees' utility model shall be en­
titled to remuneration, for which the provisions of the decree con­
cerning remuneration to be paid for employees' inventions shall 
apply mutatis mutandis. 
§ 9 
In any other matters for the personal rights of the inventor of 
the utility model, the right to the utility model protection and the 
employees' utility model the provisions of the law on ~he protection 
of inventions by patents (hereinafter referred to as "the Patent 
law") and of the decree on it~ implementation concerning the personal 
rights of the inventor, the right to a patent and the employees' in­
ventions shall apply mutatis mutandis. IP/NlllHUNlI/l 
Page 5 
Es~ablishment and duration of protection 
§ 10 
Utility model protection comes to existence by the Grant of 
utility model protection; the effect of protection shall be retro­
active to the date of application. 
§ 11 
(1) Utility model protection shall have a duration of ten years 
from the filing date of the application. 
(2) During the period of utility model protection annual fees, 
to be fixed by a special regulation, shall be payable. 
Effects, extent and li~itations of protection 
§ 12 
On the basis of utility model protection, the owner of the 
utility model protection shall have, as provided for by legislation, 
the exclusive right to exploit the utility model or to grant a 
license of exploitation to another person. The exclusive right of 
exploitation shall include manufacture, use, importation for commer­
cial purposes or marketing of the subject matter of the utility 
model. 
§ 13 
(1) The extent of utility model protection shall be determined 
by the claims. Claims may be interpreted only on the basis of the 
description and drawings. 
(2) Utility model protection shall cover a product embodying 
211 elements of thf cl~iQ or in which one or more elements of the 
c13im are reriloceo by an equiv2~ent. IP/N/l/HUN/Ifl 
Page 6 
(3) The demand for remuneration deriving from utility model 
protection shall not be affected if in the product one or more 
el€~ents of ~hc clsim are replaced by ioproved ele~€nts rsde 
2v~ilable to the exploiter by the owner of the utility model pro­
tection or by the inventor of the utility Godel. 
§ 14 
Rights deriving from a utility model and its protection, with 
the exception of the personal rights of the inventor, may be trans­
ferred, assigned and encumbered. 
§ 15 
On the basis of a contract of exploitation (license contract 
for a~~tility model protection), the owner of the utility model 
grants a license for the exploitation of the utility model, in ex­
change, the exploiter is obliged to pay royalties. 
§ 16 
(1) If a protected utility model cannot be exploited without 
infringing another utility model. protection, a compulsory license 
shall be gr-anted for fhe impeding utili ty model protection to the 
extent necessary for exploitation. 
(2) If a patented invention cannot be exploited without in­
fring~ng a utility model protection, a compulsory license shall be 
granted for the impeding utility model protection to the extent 
necessary for exploitation. 
§ 17 
(1) For the succession in title and the contracts of exploita­
tion, the provisions of the Patent Law shall apply mutatis mutandis. ]]>/~/l/lItJ~/I/l 
Page 7 
(2) For the compulsory license granted for a utility model 
protection, the exploitation of a utility model for the needs of 
national defense and the limitations of the utility model protec­
tion, the provisions of the Patent Law and of its implementing decree 
concerning the compulsory license for a patent, the exploitation and 
the limitations of patent protection shall apply mutatis mutandisw 
(3) For the joint utility model application and joint utility 
model protection, the provisions of the Patent Law and of its 
implementing decree concerning ~he joint patent application: and 
joint patent shall apply mutatis mutandis. 
PART 11 
UTILITY MODEL INFRINGEMENT AND INFRINGEMENT OF UTILITY MODEL 
PROTECTION 
utility m~del infringement 
§ 18 
Where the subject of a utili ty model. application or of 
a utility model has bBen taken unlawfully from another persoo, the 
injured party or his successor in title may claim partial or total 
assignment of the utility model application or of the utility model 
protection. 
Infringement of utility model protection 
§ 19 
(1) Any person who unlawfully exploits a utility model under 
protection commits infringement of utility model protection. 
(2) The owner. of the utility model protection may have recourse 
to the same civil remedies against the infringer as the patentee may 
enforce, by virtue of the Patent Law, against the infringer. IP/N/I/HUN/I/1 
Page 8 
(3) In the event of the infringement of the utility model 
protection, for the rights of the exploiter authorized by the owner, 
the provisions of the Patent Law shall apply. 
Decision of non-infringement 
§ 20 
(1) Any person who fears that proceedings for infringement of 
utility model protection will be instituted against him, may, prior 
to the institution of such proceedings, request a decision ruling 
that the product manufactured or intended to be manufactured by 
him, does not infringe a particular utility model protection speci­
fied by him. 
(2) A final decision of non-infringement bars the institution, 
on the basis of the utility model protection concerned, of infringe­
ment proceedings in respect of the same product. 
PART III 
LAPSE OF UTILITY MODEL PROTECTION 
Cases of the lapse of utility model protection 
§ 21 
(1) Utility model protection shall lapse 
a) when the period of protection expires, on the day 
following the date of expiration, 
b) if the annual fees have not been paid, 'on the day 
following the due date, 
c) if the owner of the utility model protection surrenders 
the protection, on the day following receipt of the surrender, or 
at an earlier date specified by the person surrendering the protec­
tion, 
"d) if the utility model protection is declared null and 
void, with retroactive effect :0 the filing date of ~hc application. IP/NIIIHUNIII 1 
Page 9 
(2) Utility model protection shall be regarded as lapsed, with 
retroactive effect to its filing date, when a patent is granted for 
a patent application 
a) derived from the utility model application, 
b) from which the utility model appljcation has been derived. 
Restoration of utility model protection 
§ 22 
. If utility model protection has lapsed by reason of 
non-payment of annual fees, the National Office of Inventions shall, 
upon request, restore the protection if the failure had been caused 
by a justifiable reason. 
Surrender of utility model protection 
§ 23 
(1) The owner indicated in the Utility Model Register may 
surrender utility model protection by written declaration addressed 
to the National Office of Inventions. If the surrender affects the 
rights of third parties based on legislation, on decisions of an 
authority, on a license contract recorded in the utility Model 
Register, or if proceedings are recorded in the Utility Model Re­
gister, it shall only take effect with the consent of the parties 
concerned. 
(2) ~t shall also be possible to surrender certain claims of 
the utility model protection. 
Nullity of utility model protection 
§ 24 
(1) Utility model protection shall be declared null and void if 
a) the subject ~atter of the utility 
tile requirements laid dO\Jn in Article 5el)a), . 1 moocJ. does not satisfy IP/N/l/HUN/I/l 
Page 10 
b) the description does not satisfy thelegar require­
ments (Article 32). 
(2) Where conditions of nullity exist only parti~lly, the 
utility model protection shall be limited accordingly. 
Reclaiming of fees 
§ 25 
If utility model protection lapses with retroactive effect 
to its establishment, only the portion of the remuneration: 
collected in good faith by the owner of utility model protection 
or the inventor of the utility model can be reclaimed. which was 
not covered by the benefits derived from the exploitation of the 
utili ty model-. 
PART IV 
PROCEOURES BEFORE THE NATIONAL OFFICE OF INVENTIONS 
IN UTILITY MODEL MATTERS 
Competence of the National Office of Inventions 
§ 26 
-The National Office of Inventions shall be competent to 
a) grant utility model protection, 
b) declare that utility model protection has lapsed, or to 
restore it, 
c) declare utility model protection null and void, 
d) declare non-infringement, 
e) interpret the description of the utility model, 
f) deal with matters concerning the maintenance and re­
cording of utility model protection. IP/NIlIHUNIIIl 
Page 11 
Application of the general provisions on 
administrative procedure 
§ 27 
(1) The National Office of Inventions shall proceed in 
utility model matters, with the exceptions prescribed in this Law, 
by applying the general provisions of administrative procedure. 
(2) The National Office of Inventions may retract or modify. 
its ~ecisions on utility model matters taken on the merits only 
on the basis of a request for review and until its transmittal to 
the court. Its decisions may not be invalidated or changed by a 
supervisory authority, they shall be without appeal. 
(3) Decisions on utility model matters taken by the National 
Office of Inventions may be changed by the court, in conformity 
with the provisions of Article 37. 
§ 28 
(1) For the procedure of the National Office of Inventions in 
utility model matters the general provisions of the Patent Law and 
its implementing decree concerning the procedure of the National 
Office of Inventions in patent matters shall apply mutatis mutandis. 
(2) A utility model application shall be considered withdrawn. 
when a patent is granted, by final~d~cision;;f6r a patent applica­
tion 
a) derived from the utility model application, 
b) from which the utility model application has been 
derived. 
Utility model application 
§ 29 
(1). The procedure for the grant of utility model protection 
s h d 11 beg i n \.J i t h . the f i 1 i n 9 0 fan a pp 1 i cat ion wit h the N a t ion a 1 
U r r i ;~~; :) r J (I \' en t i 0 i15 . I1?/~/l/lIlJ~/I/l 
1?Qe12 
(2) Utility model applications shall contain a request, a 
description of the utility model and other relevant documents. 
(3) Detailed formal requirements to be complied with in 
applications shall be laid down in special regulation. 
(4) Rights can only be based on an application which contains 
at least the name and address of the applicant, as well as a 
description of the essential features of the utility model. For 
the description reference to a priority document may also be 
substituted~ 
Derivation from patent application 
§ 30 
(1) Where the applicant has already filed, at an earlier date, 
a patent application, in his declaration of priority concerning a 
utility model application for the same subject matter he may claim, 
in addition to retaining the filing date of the patent application, 
the right of priority relevant for the patent application. 
(2) Priority and filing date of the patent application shall 
only apply, on the basis of derivation, to the utility model 
application if the application and declaration of priGrity are 
received by the National Office of Inventions 
a) in the course of the patent application procedure up 
to the date when the decision on the ~rant\of patent becomes final 
or within three months from the date when the decision rejecting the 
patent application becomes final, or 
b)"within three months from the date when the decision 
declaring nullity of the patent.·for lack of novelty becomes final. 
(3) Derivation of a utility model application shall be ad­
missible only within ten years from the filing date of the patent 
application. IP/N/IIHUNIIlI 
Page 13 
Derivation from industrial design application 
§ 31 
(1) Where the applicant has already filed, at. an earlier date, 
an industrial design application, in his declaration of priority 
concerning a utility model application for the same subject matter 
he may claim, in addition to retaining the filing date of the 
industrial design application, the right of priority relevant for 
the industrial design application. 
(2) Priority and filing date of the industrial design applica­
tion shall only apply, on the basis of derivation, to the utility 
model application if the application and declaration of priori~y 
are received by the National Office of Inventions in the course of 
the procedure for industrial design application up to the date when 
the decision on the grant of industrial design protection becomes 
final or within three months from the date when the decision re­
jecting the industrial design application becomes final. 
(3) Derivation of a utility model application shall be ad­
missible only within ten years from the filing date of the industrial 
design application. 
Description 
§ 32 
(1) The description shall make it possible for a skilled 
craftsman to carry out the subject matter of the utility model on 
the basis of the description and drawings. 
(2) At the end of the description one or more claims shall 
define, in accordance with other parts of the description, the 
extent of the utility model protection applied for. IP/N/1/HUN/I/1 
Page 14 
Unity of utility model 
§ 33 
In any utility model application, protection may only be 
sought for a single utility model. 
Examination of the utility model application 
§ 34 
(1) The National Office of Inventions shall undertake an 
examination of the utility model application in order to ascertain 
whether it complies with the requirements prescribed in 
Article 29 (2) to (4). 
(2) If the utility model application is so incomplete that no 
right can be based on it (Article 29 (4», the application shall be 
rejected without further procedure. 
§ 35 
The National Office of Inventions shall examine the sUbstance 
of the utility model applicatirin with regard to the following points: 
a) whether the subject of the application is a utility 
model; 
b) whether the subject of the application is susceptible 
for industri~l application; 
c) whether the subject of "the application is excluded 
from utility model protection under Article 5 (2); 
d) whether the 2~plication mests the requirement of unity; 
"e) whether the utility model is entitled to the claimed 
priority. IP/NllIHUNlIl1 
Page 15 
Procedure in utility model matters 
§ 36 
(1) For the priority, examination, amendment and division of 
utility model application, publication of data concerning utility 
model applications, declaration of expiration, restoration 
nullity of utility model protection, 2~ ~ell as int~rpreta-
tion of the description and declaration of non-infringement, the 
provisions of the Patent Law and of its implementing decree shall 
apply mutatis mutandis. 
(2) For the grant of utility model protection, the provlslons 
of the Patent Law and of its implementing decree shall apply, with 
,the difference that the description and drawings of the utility 
model shall not be printed. After announcement of the grant of 
utili~y model prptection, any person may inspect the utility model 
application and on payment can obtain copies of it. 
PART V 
COURT PROCEDURE IN UTILITY MODEL ~ATTERS AND LITIGATIONS 
Review of decisions taken by the National 
Office of Inventions 
§ 37 
(1) On request, the court may review the decisions of the 
National Office of Inventions taken with regard to: 
a) granting utility model protection, 
b) declaring utility model protection to have lapsed, or 
restoring utility model protection, 
c) declaring utility model protection null and void, 
d) ruling on npn-infringement. 
(2) Review of decisions may be requested by any person who took 
part as a paity in t~e proceedings before the National Office of 
Invefltions~ and by the inventor of the ef11fJ1oyces' utili::y model. IPINI I/HUN 11/1 
Page 16 
(3) The period within which the request for review may be sub­
mitted shall be thirty days from the day on which the party was 
notified of the decision. 
(4) The request shall be submitted to the National Office of 
Inventions which shall forward it to the court with the documents 
of the utility model matter within fifteen days. 
(5) Legislation concerning court procedures aiming at re­
viewing the decisions taken by the National Office of Inventions 
in patent matters shall apply to court procedures aiming at re~ 
viewing the decisions taken by the National Office of Inventions in 
utility model matters. 
Utility model litigation 
§ 38 
(1) Utility model litigation shall comprise: 
a) court proceedings concerning the grant, modification and 
revocation of a compulsory license, 
b) court proceedings concerning the fixing of the amount 
of damages for exploitation, 
c) court proceedings concerning the establishment of a 
right of prior use, 
d) actions for infringement. 
(2) Provisions of patent litigation shall apply to utility 
model litigation. 
(3) In any other utility model litigation not mentioned in 
paragraph (1), the county courts (or the Met~opolitan Court) shall 
proceed in accordance with the rules governing patent litigation. PART VI 
FINAL PROVISIONS IPINIIIHUNIIlI 
Page 17 
Amendments of the Patent Law 
§ 39 
(1) For Article 6 (3) c) of the amended law No. 11 of 1969 on 
the Protection of Inventions by Patents (hereinafter referred to 
as Patent Law) shall be substituted the following provision: 
(The invention cannot be granted patent protection if) 
"C) the subject matter thereof is identical with that of a 
patent or of a utility model protection having an earlier date of 
priority; where the identity is only partial, a patent may be 
grant~d solely with appropriate limitations." 
(2) The Patent Law shall be completed by the following 
Article 40/A: 
"Derivation from utility model application 
Article 40/A 
(1) Where the applicant has already filed, at an earlier date, 
a utility model application, in his declaration of priority con­
cerning a patent application for the same subject matter he may 
claim, in addition to retaining the filing date of the utility 
model application; the right of priority relevant for the utility 
model application. 
(2) Priority and filing date of the utility model application 
s~all only apply, on the basis of derivation, to the patent applica­
tion if the application and declaration of priority are received 
by the National Office of Inventions in the course of the utility 
model application procedure within three months from the date when 
the decision on the grant of utility model protection becomes final. 
(3) Oeriva"tion of a patent application shall be admissible 
o n 1 y vJ i t h i n t \.: t; n t y yea r s fro m the f i 1 i n D d J t e 0 f the u t j ~ i t y mod c 1 
Cl P P j j c () t j (J r 1 • " IP/N/I/HUN/I/l 
Page 18 
(3) For Article 40 (3) of the Patent Law the following pro­
vision shall be substituted: 
,t ( 3) I f a pat e n tap pI i cat ion 0 rut i lit y mod e lap p 1 i cat ion re­
lating to the same subject matter and having an earlier date of 
priority has also been filed, until the procedure relating to it 
is terminated, the other procedure shall be suspended." 
Amendment of the Decree-Law on the 
Protection of Industrial Designs 
§ 40 
Decree-Law No. 28 of 1978 on the Protection of Industrial 
Designs shall be completed by the following Article 14/A: 
"Derivation from utility model application 
Article l4/A 
(1) Where the applicant has already filed, at an earlier date, 
a utility model application, in his declaration of priority con­
cerning an industrial design application for the same subject 
matter he may claim, in addition to retaining the filing date of 
the utility model application, the right of priority relevant for 
the utility model application. 
(2) Priority and filing date of" the utility model application 
shall only apply, on the basis of derivation, to the industrial 
design application if the application and declaration of priority 
a~e received by the National Office of Inventions in the course of 
the utility model application procedure up to the date when the 
decision on the grant of utility model protection becomes final or 
within three months from the date when the decision rejecting the 
utility model application becomes final. 
(3) Deriyation 6f an industrial design application shall be 
admissible only within ten years from the filing date of the 
,;:1] i ty model apprication." IP/NI1 IHUN/I/l 
Page 19 
Amendments of the Lmplementing 0 ecree of the Patent Law 
§ 41 
. (1) For Rule 3(2) of the amended Joint Decree No. 4/1969 
(XII.28.) OMFB-IM on the implementation of Law No. 11 of 1969 on 
the Protection of Inventions by Patents (hereinafter referred to 
as "Implementing DecreeU) there shall be substituted the following 
provision: 
"(2) A patent or utility model protection having an earlier 
dat~ of priority (Article 6(3)c) of the Patent Law) shall mean a 
patent or utility model protection granted in Hungary; complete or 
partial identity shall be established by collating the claims." 
(2) Rule 19(3) of the Implementing Decree shall be completed 
by the following subparagraph e): 
iRestoration of rights may not be considered) 
fie) in the event of non-compliance with the time limit fixed 
for derivation (Article 40/A (2) and (3) of the Patent Law)." 
Entry into force 
§ 42 
(1) This Law shall enter into force on 1 January 1992. 
(2) The Minister of Justice shall be authorized to issue, in 
concert with the President of the National Office of Inventions, 
detailed rules on the formal requirements of utility model 
applications. 1 
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