National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Hungary
IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register
| Contracting state | Hungary | |
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1 Transfer of rights by transaction (e.g. sale, merger) or by operation of law (e.g. succession, insolvency, compulsory execution) |
2 Licences and other rights |
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1Which supporting documents must be filed? |
The relevant public or private document Art. 55(2) PA |
as under 1. |
2Must a national professional representative be appointed? |
Unless an international treaty provides otherwise, foreign applicants whose permanent residence or seat is not in the territory of the EEA must appoint a professional representative who is entitled to act before the HIPO. This professional representative does not have to be a national professional representative but must be domiciled in the EEA. Art. 51(1), (4) PA |
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3Must a form be used? |
No |
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4Special fee payable? |
HUF 16 500 Art. 53/C(2)(b) PA |
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5Entries and data recorded in the register |
Transfer of rights (data concerning the new owner), licences (licensee's name, duration of the contract, exclusivity, limitation on certain claims if applicable), mortgage (name of the mortgagee), the fact that the right to a patent is or the rights conferred by a patent are part of a trust. Requests for recording rights or data in the register must be made in writing. An official or private document providing sufficient evidence must be attached to the request. The HIPO amends the register data concerning the inventor and the share in authorship on the basis of either a unanimous declaration of all inventors recorded in the register and all of the persons making the request or a final court decision attached to the request. Where requests on the same case are mutually exclusive, they are dealt with in order of date of receipt. The patent register authentically attests to the existence of the rights and facts recorded therein, in the absence of proof to the contrary. If their correctness or authenticity is disputed, the burden of proof is on the person doing so. With the exception of mortgage, entry in the register of transfer of rights, the fact that the right to a patent is or the rights conferred by a patent are part of a trust, and licences has declaratory effect. Any patent-related right has effect vis-à-vis a third party acquiring it in good faith and for a consideration only if it has been recorded in the patent register. Any person may have access to the patent register. The register is accessible electronically (online) via the HIPO website. Subject to payment of a fee, any person may ask for a certified copy of the data recorded in the register. Art. 54, 55, 25(2) PA |
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6Is a transfer registered by the EPO under Rule 85 EPC recognised? |
Yes Entry in the register is automatic on payment of a fee (HUF 16 500) and submission of a copy of the EPO certificate (EPO Form 2544). Art. 55(2) PA |
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7Special features |
In the event of patent infringement, the holder of a contractual licence may invite the patentee to take appropriate action in order to stop the infringement. If the patentee fails to take action within 30 days of the invitation, the licensee recorded in the patent register may institute proceedings for patent infringement in his own name. Art. 36(2) PA |