Supplementary Protection Certificate (SPC)

The Supplementary Protection Certificate (SPC) is a sui generis protection that extends patent protection in respect of a medicinal or plant protection product. The certificate takes effect at the end of the lawful term of the basic patent for a period equal to the period which elapsed between the date on which the application for a basic patent was lodged and the date of the first authorization to place the product on the marketin the EU, reduced by a period of five years. The duration of the certificate may, however, not exceed five years from the date on which it takes effect

Kulcsszavak: supplementary protection certificate, application, marketing authorization, product, basic patent

The owner of the basic patent, its successor in title or their authorized representative.

Request for the supplementary protection certificate shall be initiated by an application submitted to the Hungarian Intellectual Property Office.

The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)

Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.

In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.

Identification can be done in the following ways:

User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.

Electronic signature with enhanced security is a minimum requirement.

When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.

It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.

The filing procedure is as follows:

1. Download the form to your device. Filling out the form in a web browser is not recommended.

2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.

3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.

The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.

4. Indicate that you really intended to compile this submission, or look at the HTML submission summary.

The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.

Further information may be found at the following link:

https://www.sztnh.gov.hu/en/patent/introduction

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 application shall contain at least the following:

a) an indication that a certificate is sought;

b) information identifying the applicant;

c) the registration number of the basic patent and the title of the invention; and

d) the number and date of the first authorization to place the product on the market, as referred to in Article 3(b) of the Community Regulation and, if this authorization is not the first authorization for placing the product on the market in the Community, the number and date of that authorization.

Filing fee: 235 400 HUF

Maintenance fees *

a) for the first year: HUF 293,700;

b) for the second year: HUF 352,000;

c) for the third year: HUF 411,400;

d) for the fourth year: HUF 469,700;

e) for the fifth year: HUF 528,000;

f) for the sixth year: HUF 620,400.

* If the last year of the duration of the certificate is an incomplete year, the annual fee shall be paid proportionately together with the total amount of the annual fee for the last complete year.

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

Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) 

Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products

Act XXXIII of 1995 on the protection of inventions by patents

Decree No. 26/2004 (II. 26.) Korm. on the rules necessary for the implementation of the European Community Regulations concerning the creation of a supplementary protection for certain products

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

SZTNH