Annulment

Any person can request the annulment of the utility model protection against the holder of the right referring to the fact that the subject matter of the model or the utility model application did not meet those requirements prescribed by the Law. A fee should be paid.

The reasons of annulment shall be indicated in the request for annulment, documentary evidence shall be annexed to it and the fee specified in separate legislation shall be paid.

In general, the Hungarian Intellectual Property Office takes a decision on the annulment and the limitation of the model protection and on the refusal of the request after making a written preparation, on the basis of a public hearing, in the form of a three-member board. Costs of the procedure shall be payable by the losing party.

The legal practice relating to the annulment procedure is presented in the Guidelines for patent examination (Hungarian only).