Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
1
Decree No. 19/2005. (IV. 12.) GKM
on the Fees for Administrative Services in Industrial Property Procedures before the Hungarian
Patent Office
By virtue of the authorization under Article 3(3) of Act IV of 1992 on the fees for
administrative services in industrial property procedures I order – in agreement 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 paid under the present Decree.
(2) For the purposes of this Decree "industrial property procedures" shall mean procedures
concerning patents, plant variety protection, utility model protection, topography protection, design
protection, protection of trade marks and geographical indications, as well as procedures relating to
supplementary protection certificates fall within the competence of the Hungarian Intellectual Property
Office (hereinafter referred to as “the Office”).
Exemption from Fees
Article 2
[repealed]
Patent Fees
Article 3
(1) The filing and search fee is HUF 34 000, which is increased by HUF 1 700 for each claim
from the eleventh to the twentieth, by HUF 3 400 for each claim from the twenty-first to the thirtieth
and by HUF 5 100 for the thirty-first and each subsequent claim.
(2) The fee for a request for a search report supplemented with a written opinion (hereinafter
referred to as “written opinion”) is HUF 28 000, which is to be paid in addition to the filing and search
fee and the fee for a request for division [Article 15(3)].
(3) In the patent granting procedure the examination fee is HUF 58 000, with the exception in
paragraph (4).
(4) In the patent granting procedure the examination fee is HUF 40 000 if a written opinion is
made on the grounds of the request mentioned in paragraph (2).
(5) In the patent granting procedure the fee for grant is HUF 32 000, which is increased by
HUF 3 200 for each page in excess of six pages of the description and of the drawings.
(6) In the case of a patent application disclosing nucleotide or amino acid sequences, the fee
for grant payable for the sequence listing or table constituting part of the patent specification is HUF
107 000 irrespective of the number of pages of the sequence listing and table, provided that this fee is
more advantageous to the applicant than the fee calculated according to paragraph (5) and the
sequence listing and table constituting part of the patent specification are published exclusively in
computer-readable form, on an electronic data carrier.
(7) The amount of the maintenance fee of the patent is
(a) HUF 16 000 annually from the first to the third year;
(b) HUF 80 000 for the fourth year;
Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
2
(c) HUF 100 000 for the fifth year;
(d) HUF 135 000 annually from sixth to the twelfth year;
(e) HUF 140 000 annually from the thirteenth to the sixteenth year;
(f) HUF 145 000 annually for the seventeenth and eighteenth years;
(g) HUF 150 000 annually for the nineteenth and twentieth years;
(8) In the case of provisional pipeline patent protection the patent maintenance fee is HUF 150
000 annually.
Article 4
(1) In the case of a European patent application the fee for the publication of the claims is
HUF 21 400, which is increased by HUF 3 200 for each page in excess of six pages of the Hungarian
translation of the claims.
(2) In the case of a European patent the fee for the publication of the translation is HUF 21
400, which is increased by HUF 3 200 for each page in excess of six pages of the text of the European
patent. In calculating the number of pages the combined content of one of the following shall be
considered as the text of the European patent:
(a) the Hungarian translation of the claims and the text of the European patent without the
claims (the patent description and the drawings connected to it), if the language of the procedure
before the European Patent Office was English;
(b) the Hungarian translation of the claims and the Hungarian or English translation of the text
of the European patent without the claims, if the language of the procedure before the European Patent
Office was French or German;
(3) In the case of a European patent application or a European patent the fee for the
publication of any correction is HUF 21 400, which is increased by HUF 3 200 for each page in excess
of six pages of the corrected claims or the corrected translation of the text of the European patent.
(4) In the case of a European patent granted for an application disclosing nucleotide or amino
acid sequences, the fee for the publication of the translation or the fee for the publication of any
correction payable for the sequence listing or table constituting part of the text or part of the corrected
text of the European patent is HUF 107 000 irrespective of the number of pages of the translation,
provided that this fee is more advantageous to the applicant or to the patentee than the fee calculated
according to paragraph (2) or (3) and the sequence listing and table constituting part of the description
are published exclusively in computer-readable form, on an electronic data carrier.
(5) Where the translation required for the European patent to become effective is filed with
paying a surcharge, the surcharge is HUF 53 400, which shall be paid in addition to the fee for the
publication of the translation.
(6) The provisions of paragraphs (2) to (5) shall apply mutatis mutandis to European patents
maintained as amended as a result of opposition and limitation procedures under the European Patent
Convention.
Article 5
(1) The fee for the transmittal of an international patent application is HUF 10 700.
(2) Where the Office acts as a designated Office, the national fee is HUF 34 000, which is
increased by HUF 1 700 for each claim from the eleventh to the twentieth, by HUF 3 400 for each
claim from the twenty-first to the thirtieth and by HUF 5 100 for the thirty-first and each subsequent
claim.
(3) Where the Office acts as an elected Office, the national fee is HUF 17 000, which is
increased by HUF 850 for each claim from the eleventh to the twentieth, by HUF 1 700 for each claim
from the twenty-first to the thirtieth and by HUF 2 550 for the thirty-first and each subsequent claim.
(4) Where the Office acts as a designated or an elected Office, the surcharge is HUF 53 400,
which shall be paid in addition to the national fee.
(5) In the case of an international patent application the effect of which has ceased, the fee for
a request for the restoration of rights is HUF 107 000, which shall be paid in addition to the national
fee.
Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
3
(6) The additional national search fee – irrespective of whether the Office acts as a designated
or an elected Office – is half of the amounts indicated in paragraph (2).
Fees for supplementary protection certificates
Article 6
(1) The fee for an application for the grant of a supplementary protection certificate and the
fee for a request for the extension of the duration of a supplementary protection certificate is HUF
214 000.
(2) The amount of the maintenance fee of the certificate is
(a) HUF 267 000 for the first year;
(b) HUF 320 000 for the second year;
(c) HUF 374 000 for the third year;
(d) HUF 427 000 for the fourth year;
(e) HUF 480 000 for the fifth year;
(f) HUF 564 000 for the sixth year.
(3) If the last year of the duration of the certificate is an incomplete year, the amount of the
maintenance fee shall be the result of multiplying the number of each commenced calendar month of
the incomplete year by one twelfth of the maintenance fee indicated in paragraph (2) for the complete
year having the same serial number as the incomplete year.
Fees for plant variety protection
Article 7
(1) The fee for an application for plant variety protection is HUF 32 000.
(2) The maintenance fee of the plant variety protection is HUF 53 400 annually from the first
to the tenth year.
(3) From the eleventh year until lapse by the reason of expiry, the maintenance fee of the plant
variety protection is HUF 106 800 annually.
(4) In the case of vine and trees, the maintenance fee of the plant variety protection is half of
the amount indicated in paragraph (2) and three quarters of the amount indicated in paragraph (3).
(5) The fee for forwarding an application for Community plant variety right is HUF 10 700.
(6) The amount of the maintenance fee payable in the year of the lapse of the Community
plant variety right, in respect of the maintenance of the re-established plant variety protection, shall be
the result of multiplying the number of each commenced calendar month by one twelfth of the
maintenance fee determined for the complete year having the same serial number as the year of the re-
establishment of the plant variety protection.
Fees for utility model protection
Article 8
(1) The fee for utility model application is HUF 17 000, which is increased by HUF 1 100 for
the eleventh and each subsequent claim.
(2) The amount of the maintenance fee of the utility model protection is
(a) HUF 21 400 annually from the first to the fifth year,
(b) HUF 32 000 annually from the sixth to the tenth year.
(3) The maintenance fee for the first year is increased by HUF 3 200 for each page in excess of
six pages of the description and of the drawings.
(4) If an international patent application claims utility model protection in the Republic of
Hungary as a designated or as an elected State, the national fee is HUF 17 000, which is increased by
HUF 1 100 for the eleventh and each subsequent claim; the surcharge is HUF 53 400, which shall be
paid in addition to the national fee.
Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
4
(5) In the case of an international patent application the effect of which has ceased, the fee for
a request for the restoration of rights is the amount indicated in Article 5(5), shall paid in addition to
the national fee, even if the international patent application claims utility model protection in the
Republic of Hungary as a designated or as an elected State.
Payment of maintenance fees
Article 9
(1)–(3) [repealed]
(4) In the case of a request for the restoration of protection the double of the maintenance fee
of the patent, plant variety protection or utility model protection or the double of the maintenance fee
of a supplementary protection certificate due for the year in question shall be paid within three months
following the expiration of the grace period.
(5) [repealed]
Fees for design protection
Article 10
(1) The fee for a design application is HUF 32 000, which is increased by HUF 6 400 for each
further design if protection is sought for more than one design in the application.
(2) The fee for a request for the deferment of publication is HUF 10 700, which is increased by
HUF 10 700 for each month of deferment from the eleventh to the twentieth month and by HUF 21
400 for each further month of deferment from the twenty-first to the thirtieth month reckoned from the
earliest date of priority.
(3) The fee for a request for the renewal of design protection is:
(a) HUF 64 000 for the first renewal,
(b) HUF 85 400 for the second renewal,
(c) HUF 107 000 for the third renewal,
(d) HUF 160 000 for the fourth renewal.
(4) In the case of a partial renewal of design protection the fees prescribed in paragraph (3)
shall be paid.
(5) The fee for forwarding a Community design application is HUF 10 700.
(6) The fee for forwarding an international industrial design application is HUF 10 700.
Trade mark fees
Article 11
(1) The filing fee and the fee for a request for the renewal of trade mark protection is HUF 74
800 alike; this fee is increased by HUF 32 000 for the fourth and each further class if the list of goods
or services belongs to more than three classes.
(2) In the case of a collective or certification mark, the filing fee and the fee for a request for
the renewal of trade mark protection is HUF 320 000, which is increased by HUF 32 000 for the fourth
and each further class if the list of goods or services belongs to more than three classes.
(3) The fee for a request, by the proprietor of an earlier right indicated in the search report, for
notification of a later trade mark application, is HUF 6 400 for each calendar year of the period
specified in the request.
(4) The opposition fee is HUF 64 000.
(5) The fee for accelerated procedure is equivalent to the filing fee specified in paragraph (1).
(6) The fee for forwarding a Community trade mark application is HUF 10 700.
(7) In the case of the conversion of a Community trade mark application into a national trade
mark application, the amount of the filing fee specified in paragraph (1) or (2) less HUF 20 000 shall
Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
5
be paid. In the case of the conversion of a Community trade mark into a national trade mark
application, the filing fee is half of the amount specified in paragraph (1) or (2).
(8) The fee for forwarding an international trade mark application, a request for renewal, a
request for the subsequent extension of protection resulting from the international registration or a
request for recording any other amendment relating to the international trade mark application or to the
protection resulting from the international registration is HUF 10 700.
(9) The fee for the transformation of an international registration into a national trade mark
application is the amount of the filing fee specified in paragraph (1) or (2) less HUF 20 000, and in the
case provided for in Article 76/Z(3) of Act XI of 1997 on the Protection of Trade Marks and
Geographical Indications (hereinafter referred to as the "Trade Mark Act") the fee is half of the
amount of the filing fee specified in paragraph (1) or (2)..
Fees for protection of geographical indications
Article 12
(1) The filing fee for an application for the registration of a geographical indication is HUF
107 000.
(2) The fee for forwarding an application for the international registration of an appellation of
origin is HUF 10 700.
Fees for topography protection
Article 13
The fee for an application for the protection of the topography of microelectronic
semiconductor products is HUF 32 000.
Fees for revocation, cancellation, decision on lapse, decision on invalidity, decision on lack of
infringement and fees related to compulsory licenses
Article 14
(1) The fee of a request for revocation and for a decision on lack of infringement in patent,
utility model, design and topography protection matters, for a decision on lapse or invalidity, for
revocation of an extension of the duration and for a decision on lack of infringement in matters
concerning supplementary protection certificates, for granting, for review or modification of a
compulsory license and for access to books and records of the licensee in patent matters or in matters
relating to supplementary protection certificates, for revocation, cancellation of protection or of variety
denomination in plant variety protection matters, for cancellation or for revocation in trade mark and
geographical indication matters is HUF 128 000.
(2) The fee of a request for accelerated revocation or cancellation procedure or accelerated
procedure for decision on lack of infringement is equivalent to the fee specified in paragraph (1).
Fees of the requests for amendment, extension of time limits, division and for continuation of the
procedure
Article 15
(1) The fee for a request for amendment in any industrial property matter aiming at the grant
of protection, as well as for extension of time limits in such matters and in those referred to in Article
14 is HUF 4 800 for the first request, HUF 8 500 for the second request and HUF 16 000 for further
requests.
(2) The fee for a request for amendment involving an increase in the number of patent claims
shall increase by HUF 1 700 for each claim from the eleventh to the twentieth claim, by HUF 3 400
Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
6
for each claim from the twenty-first to the thirtieth claim and by HUF 5 100 for the thirty-first and
each subsequent claim compared with the fees stated under (1). The fee for a request for amendment
involving an increase in the number of utility model claims shall increase by HUF 1 070 for the
eleventh and each subsequent claim compared with the fees stated under (1).
(3) The fee for a request for division is HUF 34 000 if filed prior to the request for substantive
examination and HUF 92 000 following that request, for each divisional application in patent matters;
HUF 32 000 in plant variety protection matters and HUF 17 000 in utility model matters for each
further application.
(4) The fee for a request for the division of a design application or design protection is HUF
32 000 for each further application or protection.
(5) The fee for a request for the division of a trade mark application or trade mark protection is
(a) in the case of division by dividing the list of goods or services HUF 74 800 for each further
application or trade mark and if a collective or certification mark is concerned HUF 320 000 for each
further application or trade mark;
(b) in the case of the division of an application claiming protection for more than one sign an
amount corresponding to the filing fee [Article 11(1) and (2)] for each further application.
(6) The fee for a request for the division of an application for the registration of a geographical
indication is HUF 107 000 for each further application.
(7) The fee for a request for continuation of the procedure is HUF 35 000 in any industrial
property matter.
(8) Failing to comply with time limits for paying fees, the fee prescribed in paragraph (7) shall
be paid in addition to those fees.
Fees for recording a succession in title, a right of pledge and a license agreement
Article 16
The fee for a request for recording a succession in title, a right of pledge and a license
agreement in any industrial property matter is HUF 15 000; this fee is HUF 3 200 if the inventor of a
service invention or a service utility model, the breeder of a service plant variety, the designer of a
service design or the creator of a service topography acquires the said rights.
Fees for copies, extracts and authentication
Article 17
The fee for a copy of a document (e.g. the minutes) or for an extract prepared in the course of
any industrial property procedure is HUF 300 for each page. The fee for authentication is HUF 3 000
for each document. If the copy is made from a computer-readable, electronic data carrier on a data
carrier of the same kind, the fee for a copy or extract is HUF 1 000 irrespective of the number of
pages.
Allowances of the inventors, breeders, designers and creators
Article 18–20
[repealed]
Mode of payment
Article 21
(1) The fees for industrial property procedures shall be paid to the account No. 10032000-
01731842-00000000 of the Office kept with the Hungarian State Treasury by bank transfer or money
Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
7
order, with the indication of the identifying data (reference number or registration number) and with
the indication "Treasury Transaction Code 310".
(2) The President of the Office may grant modes of payment unlike those provided in
paragraph (1), including the payment through deposit account.
Treatment and keeping a record of fees
Article 22
The legal provisions on the specific characteristics of the requirement of producing financial
statements and of book-keeping relating to budgetary organizations shall apply to the treatment,
accounting, record-keeping and – with the exception of cases provided for in Articles 24–26 – refund
of fees.
Failure to pay
Article 23
[repealed]
Refund of fees
Article 24
(1) Undue fees and maintenance fees paid more than two months before the starting date of the
grace period, or paid in a smaller amount than prescribed in the case of the lapse of protection, or
maintenance fees paid under Article 9(4) in the case of the refusal of the request for restoration shall –
on request – be refunded or transferred in favour of another industrial property matter by the Office.
(2) If the provisional pipeline patent protection is a basic patent for which the Office has
granted a supplementary protection certificate, the amount of the maintenance fee due in the last year
of the provisional pipeline patent protection subject to the period following the expiration of the
protection, calculated in compliance with the provisions of Article 6(3), shall – on request –– be
refunded or transferred in favour of another industrial property matter, provided that the maintenance
fee due in the first year of the certificate has been paid.
(3) The Office shall refund a proportionate part of the fee specified under Article 11(3)
corresponding – within the period specified in the request – to the ratio of search reports in connection
with which the notification complying with the request has not been made to those in connection with
which the Office has notified the proprietor of the earlier right according to his request.
(4) In the cases provided for in Article 61/H (4) of the Trade Mark Act, the Office shall
refund, at the request of the opponent, two thirds of the opposition fee.
Article 25
(1) If the purpose of the payment for the Office cannot be identified, the Office shall invite the
payer to rectify the irregularities.
(2) If the payer cannot be identified or notified or the rectification shall have no result, but the
data necessary for the refund are at the Office's disposal, the Office shall refund the amount paid.
Article 26
(1) In the case of the refund, on request, of the fee for a request for a written opinion – except
for the case provided for in Article 69/A(8)(d) of Act XXXIII of 1995 on the Protection of Inventions
by Patents (hereinafter referred to as the “Patent Act”) – and in the case determined in Article 75(5) of
the Patent Act as well as in Article 24(1) and Article 25(2) of this Decree, prior to the refund the
Office shall deduct from the amount to be refunded the amount of the commissions and fees of
Decree No. 19/2005. (IV. 12.) GKM Consolidated text (01.01.2011)
8
transfer orders given to the debit of the Office's account kept with the Hungarian State Treasury or the
amount of fees charged by the post for orders for postal financial transactions.
(2) The Office shall not refund a payment the amount of which does not reach HUF 300 or in
the case of which the costs of the refund reach or exceed the amount to be refunded.
Entry into Force, Transitional Provisions
Article 27
(1) This Decree shall enter into force – with the exception set out in paragraph (2) – on the
eighth day following its promulgation; simultaneously, Decree No. 71/2004. (IV. 28.) GKM on the
Fees for Administrative Services in Industrial Property Procedures before the Hungarian Patent Office
shall be repealed.
(2) Article 3(2) and (4) and Article 7(5) of this Decree shall enter into force on 1 November
2005.
(3) Article 4(2), (4) and (5) of Decree No. 19/2005. (IV. 12.) GKM on the Fees for
Administrative Services in Industrial Property Procedures before the Hungarian Patent Office as
amended by Decree No. 23/2010. (XII. 28.) KIM shall apply to European patents where the mention
of the grant is published in the European Patent Bulletin after 1 January 2011.
(4) [repealed]
(5)–(6) [repealed]