Hungría: Procedimientos administrativos (Gravámenes), Decreto, 1995, N° 77

Decree No. 77/1995. (XII. 29.) IKM on the Fees for Administrative Services in Industrial Property Procedures before the Hungarian Patent Office

By virtue of the power under Article 3(3) of Law No. IV of 1992 on the fees for administrative services in industrial property procedures I order - in concert with the Minister of Finance and the President of the Hungarian Patent Office - as follows:

Obligation to Pay Fees

Article 1

(1) In industrial property procedures fees for administrative services (hereinafter referred to as "fees") shall be payable under the present Decree.

(2) For the purposes of this Decree "industrial property procedures" mean procedures concerning patents, utility models, industrial designs, trademarks, appellations of origin and topography protection, as well as procedures relating to the authorization of industrial property expert activity, falling within the competence of the Hungarian Patent Office.

Exemption from Fees

Article 2

The fees of industrial property procedures - with the exceptions as stated in Articles 14 and 15 - are not subject to any exemption or allowances.

Patent Fees

Article 3

(1) The filing and search fee is HUF 20,000 which is increased by HUF 1000 for the eleventh and each subsequent claim.

(2) The examination fee is HUF 30,000; no examination fee is payable for applications relating to plant varieties or animal breeds.

(3) The fee for grant and the printing fee is HUF 10,000 which is increased by HUF 1000 for each page in excess of six pages of the description and of the drawings.

(4) Where, with respect to international applications under the Patent Cooperation Treaty, the law provides for the payment of the filing fee prescribed for complete examination, the amount under (1), and where it provides for the payment of the filing fee prescribed for deferred examination, half of that amount shall be payable.

(5) The amount of the annual fee for the maintenance of the patent is:

a) for the first year to the fifth year, yearly HUF 20,000

b) for the sixth year to the tenth year, yearly HUF 40,000

c) for the eleventh year to the fifteenth year, yearly HUF 60,000

d) for the sixteenth year to the lapse of patent protection due to expiration, yearly HUF 80,000

(6) Where the subject matter of the patent granted for a plant variety is grape or tree, one half of the amount prescribed under 5(a) or (b) shall be payable for the first to the tenth years.

(7) In the case of transitional patent protection the amount of the annual fee for the maintenance of the patent is HUF 80,000 per year.

Utility Model Fees

Article 4

(1) The fee for utility model application is HUF 16,000; which is increased by HUF 1000 for the eleventh and each subsequent claim.

(2) The amount of the annual fee for the maintenance of utility model protection is;

a) for the first year to the fifth year, yearly HUF 16,000

b) for the sixth year to the tenth year, yearly HUF 24,000

(3) The annual fee for the first year is increased by HUF 1000 for each page in excess of six pages of the description and of the drawings.

Payment of Annual Fees

Article 5

(1) The annual patent and utility model fees shall be payable without a surcharge in the first two months of the six months grace period, in the third and fourth months of that period with a surcharge of 25 per cent and in the fifth and six months with a surcharge of 50 per cent.

(2) In the case of transitional patent protection and utility model protection the provisions relating to the maintenance of patents treated as a State secret shall apply mutatis mutandis with respect to the computation of the grace period.

(3) If the patent application is divided following publication, the grace period for the payment of annual fees for the subsequent applications and for those which became due preceding the division, shall begin with the date on which the decision on the acceptance of the division comes into effect.

(4) In the case of a request for the restoration of protection the double of the annual patent or utility model fee due for the year in question shall be payable within three months following the expiration of the grace period.

(5) The payment of the annual fees may be effected within three months preceding the starting date of the grace period.

Industrial Design Fees

Article 6

(1) The fee for an industrial design application amounts to HUF 20,000, and the fee for the request for the prolongation of the protection is HUF 30,000.

(2) The fee for transmitting an international industrial design application is HUF 5000.

Trademark Fees

Article 7

(1) The fee for a trademark application and for the request for the renewal of trademark protection is HUF 30,000; this fee is increased by HUF 5000 for each further class of goods if the list of goods belongs to more than one class.

(2) In the case of collective marks the quintuple of the fees prescribed in paragraph (1) shall be payable.

(3) The fee for transmitting the application for international registration and renewal of trademarks, the request for recording the assignment of the international trademark and the fee for transmitting the request for recording any other amendment relating to the international trademark is HUF 5000.

Fees for Appellations of Origin

Article 8

The fee for transmitting the application for international appellation of origin is HUF 5000.

Fees for Topography Protection

Article 9

The fee for an application for the protection of the topography of microelectronic semiconductor products is HUF 30,000.

Fees for Revocation, Cancellation, Declaration of Expiration and Ruling on Lack of Infringement

Article 10

The fee of a request for the revocation of a patent, utility model protection, industrial design protection and topography protection, for the cancellation of a trademark or for the declaration of expiration of trademark protection for lack of use, and for a ruling on lack of infringement in any industrial property matter is HUF 30,000.

Fees for Publication, Amendment, Extension of Time Limits and Division

Article 11

(1) The fee for the request for the publication of the patent application before the expiration of 18 months is HUF 10,000.

(2) The fee for the request for amendment in any industrial property matter, as well as for extension of time limits in such matters and in those referred to in Article 10 is HUF 2000 for the first request, HUF 4000 for the second request and HUF 6000 for further requests.

(3) The fee for the request for amendment involving an increase in the number of patent or utility model claims shall increase by HUF 1000 for the eleventh and each subsequent claim compared with the fees stated under (2).

(4) The fee for the request for the division of a patent application is HUF 20,000 if filed prior to the request for substantive examination and HUF 50,000 following that request, for each further application; the fee for the request for the division of a utility model application is HUF 16,000 for each further application.

Fees for Recording a Succession in Title and a License Agreement

Article 12

The fee for the request for recording a succession in title and a license agreement in any industrial property matter is HUF 10,000; this fee is HUF 2000 if the inventor of a service invention or utility model or the author of a service design or topography acquires the said rights.

Fees for Copies, Extracts and Legalization

Article 13

(1) The fee for a copy or extract prepared in the course of any industrial property procedure is HUF 100 for each page.

(2) The fee for the legalization is HUF 100 for each page.

Allowances of the Inventor and of the Author

Article 14

(1) If at the date of payment the person entitled to the application or to the protection is exclusively the inventor and the author, respectively, one fourth of the filing and search fee, examination fee, fee for grant, printing fee, furthermore of the fee for utility model application, industrial design application and topography application shall be payable.

(2) If at the date of payment the person entitled to the patent or to utility model protection is exclusively the inventor, one fourth of the annual patent or utility model fee for the first five years and one half of the annual patent or utility model fee for the sixth to the tenth year shall be payable.

Exemption and Deferment

Section 15

The Hungarian Patent Office may accord an exemption from the filing and search fee, fee for grant and printing fee and from the fees for utility model, industrial design and topography applications, as well as may grant a deferment of the annual patent and utility model fees due for the first to the fifth years if the holder of the right cannot pay the above fees because of his wages, income and financial standing; the fees subject to the deferment shall be paid together with the annual fee for the sixth year.

Fee for the Procedure Relating to the Authorization of Expert Activity

Article 16

(1) The fee for the procedure relating to the authorization of industrial property expert activity is HUF 10,000.

(2) The fee for an appeal against a decision rejecting the request is HUF 2000.

Mode of Payment

Article 17

(1) The fees for industrial property procedures shall be payable to the account of the Hungarian Patent Office, with the indication of the identifying data (file number or registration number), and in the procedure relating to the authorization of expert activity with the indication of the purpose of the amount.

(2) Foreigners can validly effect payments exclusively through their representative - patent attorney of attorney-at-law - domiciled in Hungary.

Failure to pay

Article 18

(1) Subject to the provisions of paragraph (2) the client shall be invited to remedy the defects if the fees have not been paid in the industrial property procedure; failing which the application and the request, respectively shall be refused or shall be considered withdrawn.

(2) Failure to duly pay the annual fees shall give rise to the expiration of protection.

Refund of Fees

Article 19

(1) Undue fees, annual fees paid more than three months before the starting date of the grace period, or paid in a smaller amount than prescribed in the case of the expiration of protection, further in the case of the refusal of the request for restoration annual fees paid under Article 5 (4) shall - on request - be refunded or transferred in favour of another industrial property matter by the Hungarian Patent Office.

(2) The fee for an appeal against a decision rejecting the request shall be refunded to the requesting party if the decision rejecting the request violated the law.

Entry into Force, Transitional Provisions

Article 20

(1) This Decree enters into force on the day of its promulgation.

(2) The former provisions shall apply to fees due with respect to applications and requests filed before the entry into force of this Decree and to annual fees either paid before the entry into force or with respect to which the grace period has started before the entry into force.

(3) For patent applications filed before the entry into force of this Decree

a) if the grace period for the payment of the annual fee for the first year begins after the entry into force, the amount of the annual fee shall increase by HUF 1000 for each page in excess of six pages of the description and of the drawings compared with Article 3(5)(a),

b) the fee for the request for subsequent examination filed after the entry into force is HUF 30,000,

c) the fee for the request, submitted after the entry into force, for the division of an application is HUF 20,000 for each further application in the case of deferred examination, and amounts to HUF 50,000 in the case of complete and subsequent examination.

(4) The fee for a request, submitted after the entry into force, for the postponement or omission of the publication of a patent or utility model application filed before the entry into force is HUF 5000.

(5) The fee for a request, submitted after the entry into force, for an expeditious examination of a patent, utility model, industrial design or topography application filed before the entry into force is HUF 10,000.

(6) Simultaneously with the entry into force of this Decree, the Decree No. 1/1992 (III.18.) TNM on the Fees for Administrative Services in Industrial Property Procedures before the National Office of Inventions, and the Decrees Nos. 8/1993 (XI.17.) TNM and 1/1994 (IV.30.) TNM amending it shall be repealed.