single application filed at one place and drafted in one language, even in each and every contracting state.

The application corresponds to the national (or regional) applications in those contracting states which are members of the Treaty and which were designated in the application by the applicant (and which are members of a regional treaty, for example the European Patent Convention).

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International patent application

The Patent Cooperation Treaty (hereinafter referred to as the "Treaty") helps the obtention of foreign rights; in the framework of the Treaty the patent procedure may be commenced with a single application filed at one place and drafted in one language, even in each and every contracting state.

The application corresponds to the national (or regional) applications in those contracting states which are members of the Treaty and which were designated in the application by the applicant (and which are members of a regional treaty, for example the European Patent Convention).

Kulcsszavak: international patent, international patent application, invention, recieving office, international phase, national phase

Any natural or legal person or their representative.

The Hungarian Intellectual Property Office acts as a receiving office in case of applications filed in the framework of the Treaty, where at least one of the applicants is Hungarian citizen or the residence or seat of at least one of the applicants is in Hungary. The application may also be filed with the International Bureau of WIPO (World Intellectual Property Organization) in Geneva, or with the European Patent Office in The Hague, Munich or Berlin.

International patent application can also be filed electronically, using the ePCT service of WIPO’ website by selecting “HU-Hungarian Intellectual Property Office” as Receiving Office.

For more information on international patent applications visit:

https://www.sztnh.gov.hu/en/patent/international-application/filling-the-application/filing-the-application-at-the-hungarian

There is no administration deadline defined in the applicable laws. The administrative deadlines laid down in the Act on General Public Administration Procedure do not apply nor do apply the provisions of the Act on General Public Administration Procedure which set a deadline for other measures of the acting authority.

The international patent application shall contain a request for patent protection, claims, abstract and drawings.

The fee for forwarding an international patent application is HUF 11,800. If HIPO proceeds as designated office, the national fee is HUF 37,400, which increases by HUF 1,900 per claim from the eleventh to the twentieth claim, HUF 3,800 per claim from the twenty-first to the thirtieth claim, and HUF 5,600 per claim from the thirty-first claim. In the case of the SZTNH acting as a selected office, the national fee is HUF 18,700, which increases by HUF 950 per claim from the eleventh to the twentieth claim, by HUF 1,900 per claim from the twenty-first to the thirtieth claim, and by HUF 2,800 per claim from the thirty-first claim. In the case of the Office acting as a designated or selected office, the surcharge is HUF 58,700, which must be paid in addition to the national fee.

The fee for the procedure can be paid to the budget settlement account number 10032000-01731842 of the HIPO by bank transfer by indicating the identification data (application number or registration number) or by cash transfer order.

Hungarian Intellectual Property Office

The procedure for reviewing the decisions of the HIPO falls within the competence and exclusive jurisdiction of the Budapest-Capital Regional Court. Review of a decision may be requested by any party to the procedures before the HIPO, any person excluded from, or limited in, the inspection of files or any person whose legal status as a party to the procedure has been denied. Other participants in the proceedings before the HIPO may, in their own right, file an independent request for review against the relevant provision of the decision or the decision concerning them. The deadline for submitting a request for reviewing the decision is 30 days from the date of notification of the decision to the party or other party to the proceedings. The request shall be filed with the HIPO, but it shall be addressed to the Budapest-Capital Regional Court. A fee of HUF 10,500 must be paid when filing the request, in the case of electronic submission by bank transfer.

In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law in all patent matters.

This provision shall not apply if the foreigner is a natural person or a legal entity whose permanent residence or domicile is in the territory of a Member State of the European Economic Area.

Please also be advised that the language of proceedings before the HIPO is Hungarian.

Further information is available at https://www.sztnh.gov.hu/en/client-service

Act XXXIII of 1995 on the protection of inventions by patents

Patent Cooperation Treaty

Regulations under the Patent Cooperation Treaty

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

SZTNH