Amendments include "Patent law" and "Utility model method" Including a number of industrial property laws LV Bill No. 1 has been passed 2023 years 1 month 1 Entered into force in Hungary. The bill is aimed at the Hungarian Intellectual Property Office (HIPO) Relevant aspects of various procedures are clarified. So are these amendments HIPO The accumulated results of practical experience, Its main objective is to align intellectual property law with Hungary's procedural legislation (include "Civil procedure law" and "General administrative procedure law" ) Be consistent. About Hungary "Patent law" and "Utility model method" The main amendments are outlined below:

patent, Maturity dates for plant varieties and utility models

patent, Maturity dates for plant varieties and utility models have been further clarified——The expiration date of these rights corresponds to the date the protection begins, If there is no corresponding date in the month in which the right expires, It will expire on the last day of the month. It is assumed that this change is roughly related to 2 month 29 japan-related, Because the date every 4 It only happens once a year.

The clarity of utility model claims

now, "Utility model method" The amendment makes the clarity of utility model claims consistent with the clarity of patent claims, That is, the wording of the claim must clearly define the scope of protection sought.

Amendment of patent and utility model applications

The provisions on amendments to patent and utility model applications have also been clarified. Previous legal provisions allowed for amendments to the application, Provided, however, that the subject matter of an invention or utility model cannot be extended beyond the content of the application originally submitted. The new clause is now worded differently :  Expanding the scope of an original patent or utility model application can be achieved not only by adding new content, You can also do this by removing some text or parts of an accompanying image.

Novelty search

Submit the patent specification in English, claim, Abstracts and attached drawings are no longer required for applicants to obtain HIPO Provide a search report while submitting a separate novelty search request. HIPO Now will "Auto" Finish the job, Like the patent specification they filed in Hungarian, claim, The summary is treated the same as the attached figure. In spite of this, The translation requirements have not changed, Patent applications are still published in Hungarian.

right HIPO Review comments in response

before, If the patent application does not meet the patentability requirements, Even the applicant during the substantive examination of HIPO After responding to the review submissions, The application may also be rejected in whole or in part. now, They will be completely rejected.

correct HIPO Decisions in patent cases

"Patent law" A new clause was introduced in the amendment, Allow the applicant to request corrections HIPO The specification on which the final patent is based, Claims and decisions with drawings. Such corrections can only be requested once within one year of the date of the decision.

Patent defense procedure——Changes on the opposing side

before, HIPO Unable to record the initiation of patent defense proceedings (Such as the transfer of rights) The change of the party. The amendment now allows HIPO Record these changes.

Suspend the patent proceedings at the request of the parties

If the patent defense proceedings involve several opposing parties, The proceedings may be suspended only at their joint request. The procedure can only be suspended once, The maximum period shall not be exceeded 6 month (After this period, the program will be terminated) , And may be reinstated at the request of either party.

Patent revocation procedure

"Patent law" The amendment is now adopted by clearly referencing the relevant provisions of the Act——The first 42 (1) article, The legal basis of patent revocation is clearly stipulated. The amendment applies up to 2023 years 1 month 1 The cases are still pending.

Before this, The evidence that can be submitted with a patent revocation request must be documentary evidence. now, "Patent law" Amendment provision, The request should be accompanied by supporting evidence. Documentary evidence must meet certain legal requirements, And it takes more time and effort to obtain than simple evidence. Such as, Screenshots of the website will be simple supporting evidence, Screenshots of the website taken in the presence of a notary public will be considered documentary evidence.

The amendment also introduces the possibility of postponing hearings on patent revocation proceedings——The parties may jointly request an extension, subject to certain restrictions (Such as, No later than before the hearing 3 day; There should be a valid reason for the extension) , HIPO The hearing may also be postponed in exceptional circumstances.

Deadlines for expediting patent revocation procedures have also been specified (Applicable up to 2023 years 1 month 1 The cases are still pending) , Specifically as follows:

The maximum time limit for correcting violations or submitting comments is 15 day, And before that 15 day; and

The deadline could still be extended, But it can only be approved if it is particularly reasonable; The amendment specifies the duration of the extension: minimum 15 day, Not more than 2 month.

Industrial property expert body

In industrial property disputes, The court and other competent authorities may require an agreement HIPO related "Industrial property expert body" Provide expert advice. Present Day, There is a growing demand for expert advice, Because it advises on a variety of public interest issues, This could help with research, Professional publications and the formation of legal thought. The amendment also provides that a database will be established, Make these comments available to the public. As far as confidentiality is concerned, The publicly available information will cover only the case number, Subject and agency conclusions on legal interpretation. however, If the lack of other information leads to misunderstanding or misdirection or incomprehension of its conclusions, Publication of the agency's opinion would be omitted, Because it is not binding on the competent authorities. (Be compiled from www. petosevic. com)

TRANSLATORS: Wang Dan　proofread: Rason group

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