Forwarding community and international design applications

If you wish to obtain design protection in the European Union, the application can be filed with the Hungarian Intellectual Property Office. The HIPO will then forward the application to the European Union Intellectual Property Office (EUIPO).

The HIPO forwards international industrial design applications in which Hungary is indicated as the applicant’s Contracting State to the International Bureau of the World Intellectual Property Organization (WIPO).

Kulcsszavak: innovation, intellectual property, design, community design, international design, EUIPO, WIPO

Any natural or legal person or its authorized representative.

Community design applications may be filed with the HIPO. International industrial design applications, where the applicant’s contracting state is Hungary, have to be filed with the HIPO.

The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)

Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.

In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.

Identification can be done in the following ways:

User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.

Electronic signature with enhanced security is a minimum requirement.

When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.

It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.

The filing procedure is as follows:

1. Download the form to your device. Filling out the form in a web browser is not recommended.

2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.

3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.

The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.

4. Indicate that you really intended to compile this submission, or look at the HTML submission summary.

The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.

For more information on design procedures visit:

https://www.sztnh.gov.hu/en/design

In case of a community design application, the HIPO checks whether the fee for forwarding the Community design application has been paid. If not, the HIPO shall invite the applicant to rectify the irregularities. The HIPO shall forward the Community design application within two weeks after the payment of the fee.

Request for granting community design protection / international industrial design protection; depiction of the design; denomination of the product incorporating the design; in international applications designating at least one country where protection is sought.

In case of legal representation, a power of attorney also needs to be attached.

The transmittal fee is HUF 10 700.

The fees for the procedure shall be paid to budgetary account No. 10032000-01731842 of the HIPO kept with the Hungarian State Treasury by bank transfer or money order, with the indication of the identifying data (reference number or registration number) and the purpose (legal title).

Hungarian Intellectual Property Office

Not available

In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law in all patent matters.

This provision shall not apply if the foreigner is a natural person or a legal entity whose permanent residence or domicile is in the territory of a Member State of the European Economic Area.

Please also be advised that the language of proceedings before the HIPO is Hungarian.

Further information is available at https://www.sztnh.gov.hu/en/client-service

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Act XLVIII of 2001 on the legal protection of designs

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs

Council Regulation 6/2002 (EC) of 12 December 2001 on Community Designs

Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs

Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs

SZTNH