Renew a Hungarian patent validated through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in Hungary, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Hungary, the renewal fee is paid to the Hungarian Intellectual Property Office (HIPO). The rules that apply to a national Hungarian patent also apply to an EP patent in Hungary. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From the year 2023 onwards, you will have to settle the renewal fee with the Hungarian Patent Office.
Renew a national patent with the Hungarian Patent Office:
In order to maintain a patent application in Hungary, a renewal fee must be paid to the Hungarian Intellectual Property Office (HIPO) on an annual basis. This applies even if your application is still being processed and patents have not yet been granted. The first annual payment is free of charge. After this you are obliged to pay a recurring renewal fee to the Hungarian Intellectual Property Office (HIPO) to maintain the patent.
Renewal fees in Hungary fall exactly on the anniversary of when the original filing date of the application falls. The due date should be the month and day corresponding to the filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee from 2018-06-15 onwards.
In Hungary, there are other types of intellectual property for which you need to settle renewal fees, these are known as utility models and designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property Type #1 - Utility Models
A Hungarian utility certificate can be obtained for a period of 10 years from the filing date. The total term of protection is 10 years. The first renewal fee is due exactly 1 year from the filing date of the application and is paid. Afterwards the utility model is renewed annually until expiration. If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model, however, the fee is higher.
Intellectual Property Type #2 - Industrial Designs
A Hungarian design right is valid for 25 years from the filing date. Initially, a Hungarian design is protected for 5 years. In order to maintain protection beyond the initial 5-year period, it can be renewed every five years thereafter, up to a maximum of four renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.
Starting from the 1st anniversary of the filing date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.
National patent: The first renewal fee of a patent application is due at the beginning of the second payment year from the filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee from 2018-06-15 onwards.
Hungarian patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Hungary, the renewal fee is paid to the Hungarian Intellectual Property Office (HIPO).
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Hungarian Patent Office.
National patent: Prior to the grant, the Hungarian patent application is in its filing stage. You will have to pay the renewal fee to the Hungarian patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the third anniversary of the filing date.
Hungarian patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Hungary, the renewal fee is thereafter paid to the Hungarian Intellectual Property Office (HIPO).
National patent: The payment window in Hungary opens two months before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening. This rule is applicable to both national patents as well as to an EP patent in Hungary.
For example, if the renewal due date of a patent is 2017-06-30, you will only have to settle the renewal fee starting from 2019-04-30 onwards.
National patent: Yes, it is possible to renew a Hungarian patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 50% to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.
For example, if a patent’s renewal due is 2021-05-30, and the due date is missed, the patent will enter the grace period from 2021-06-01. The new total will need to be settled within the 6-month grace period, and will be due by 2021-11-30. Failure to pay this fee within the grace period, will result in the patent lapsing.
Hungarian patent validated through the European Patent Office (EPO): The same rule which applies to a national Hungarian patent for missing a renewal deadline also applies to an EP patent in Hungary.
National patent: It is not mandatory to make use of a local agent or representative when renewing a patent in Hungary. You can simply pay the fees by bank transfer or via a deposit account. This rule is applicable to both national patents as well as to an EP patent in Hungary.
In order to maintain a Hungarian patent, renewal fees need to be settled annually with the Hungarian Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Hungary.
