Notice from the Hungarian Intellectual Property Office in view to the earthquake and tsunami in Japan and their dramatic impact
In view of the natural disaster that struck Japan and of its dramatic impact, the Hungarian Intellectual Property Office draws the attention of applicants and patent holders from Japan to the general legal remedies provided under Hungarian intellectual property laws in the case of non-observance of time limits:
Patent, industrial design, utility model, topography protection and plant variety protection procedures
According to Article 48(1) of Act XXXIII of 1995 on the Protection of Inventions by Patents (Hungarian Patent Act), time limits prescribed by this Act shall not be extended. Failing to comply with such time limits shall involve legal consequences without notice. According to Article 49 of Hungarian Patent Act, in patent matters a request for restitutio in integrum may be submitted within two months of the unobserved date or of the last day of the unobserved time limit, if the failure occurred through no fault of the party. The request must render probable the grounds of failing to comply and that the failure occurred without fault. Where the failure to comply became known to the party subsequently or the cause thereof was removed subsequently, the time limit shall be reckoned from the date on which the failure to comply became known or the cause thereof was removed. The request for restitutio in integrum shall only be admissible within twelve months of the date not complied with or the last day of the time limit not complied with.
In the event of failing to comply with the time limit of twelve months fixed by Article 4 of the Paris Convention for the Protection of Industrial Property for filing the application necessary for claiming priority or prescribed for claiming internal priority [Article 61(1)(c)], a request for restitutio in integrum shall be admissible within two months of the last day of that time limit.
Where a time limit is not complied with, the omitted act must be carried out simultaneously with the filing of the request for restitutio in integrum.
Restitutio in integrum shall be excluded in the event of failing to comply with the following time limits:
- time limits fixed for filing the request for restitutio in integrum and the request for continuation of the procedure [paragraphs (1) to (3) and Article 48(3)];
- time limits fixed for filing and correcting the declaration of priority [Article 61(2) and (6)].
Restitutio in integrum shall not be admissible with respect to time limits the consequences of failing to comply with which may be averted by a request for continuation of the procedure [Article 48(3) to (6)].
Filing a request for restitutio in integrum is free of charge.
According to Article 48(2) of Hungarian Patent Act where this Act does not prescribe any time limit to rectify the irregularities or to submit a statement, a time limit of at least two months, but not more than four months, shall be fixed which may be extended, on request before the expiration of the period, by at least two months, but not more than four months. In particularly justified cases, more extensions of the time limit and an extension of the time limit of more than four months, but not more than six months may also be granted. In the event of failing to comply with a time limit referred to in paragraph (2), continuation of the procedure may be requested within two months from the date of notification of the decision taken because of the failure.
The omitted act shall be completed simultaneously with the filing of the request for continuation of the procedure.
Continuation of the procedure may not be requested in revocation procedures, in procedures for a decision on lack of infringement and in procedures provided for in Articles 83/E to 83/G.
The fee for a request for continuation of the procedure is HUF 35 000.
Trademark procedures
According to Article 42 of Act XI of 1997 on the Protection of Trademarks and Geographical Indications (Hungarian Trademark Act) in trademark matters a request for restitutio in integrum may be submitted within 15 days of the unobserved time limit or of the last day of the unobserved period. The request must state the grounds for failing to comply and the circumstances showing that the failure to comply occurred without the requesting party’s fault. Where the failure to comply became known to the party subsequently or the cause thereof ceased subsequently, the time limit shall be reckoned from the date on which the failure to comply became known or the cause thereof ceased. The request for restitutio in integrum shall be admissible only within six months from the date of the time limit not complied with or the last day of the period not complied with.
Where a time limit is not complied with, the omitted act must be carried out simultaneously with the filing of the request for restitutio in integrum or - if it is admissible - an extension of the time limit may be requested.
Restitutio in integrum shall be excluded:
- in the event of failing to comply with the time limit prescribed for filing the declaration of priority [Article 53(2)];
- in the event of failing to comply with the time limit of six months fixed for claiming convention or exhibition priority;
- in the event of failing to comply with the time limit prescribed for filing the opposition [Article 61/B(1) and (2) and Article 76/P(3)];
- in the event of failing to comply with the time limit fixed for submitting the request for accelerated procedure [Article 64/A(1)].
Filing a request for restitutio in integrum is free of charge.
The Hungarian Intellectual Property Office will take the current situation in Japan into account in managing intellectual property proceedings.