Act LV amending several industrial property laws, including the Patent and Utility Model Acts, entered into force in Hungary on January 1, 2023. Act LV aims to clarify certain aspects of various procedures before the Hungarian Intellectual Property Office (HIPO). The amendments are the results of the HIPO’s practical experience and their main goal is to harmonise IP laws with Hungarian procedural legislation, including the Law on Civil Procedure and the Law on General Administrative Procedure. The main amendments to the Hungarian Patent and Utility Model Acts are outlined below.
Expiration of patents, plant varieties and utility models
The expiration date of patents, plant varieties and utility models has been clarified further – the rights expire on the date corresponding to the starting date of protection, and if that day is missing from the month when the rights expire, they will expire on the last day of the month. Presumably this change is about February 29 as it only exists every four years.
Clarity of claims for utility models
The Utility Model Act now aligns the clarity of claims requirement for utility models with the one for patents, i.e. the wording of the claims must clearly define the scope of the protection sought. Read more