Frequently asked questions
Does the Office examine the novelty of utility model applications?
No. The Office cannot contest during the granting procedure the novelty of the model nor the existence of an inventive step even if evidence relating to their lack is at the examiner's disposal, for example in the form of documents filed by a third party. Of course, this does not mean that those models may also be protected which are not new or do not involve an inventive step. However, these points of view are examined after the granting procedure, if an adverse party initiates an annulment procedure against the model.
Is it possible to make observations against utility model applications?
No. Since the Office publishes the content of the applications only after the grant of protection, third parties also get to know it only then. As a consequence, observations are not admissible during the granting procedure. Should any third party possess any document on the basis of which the model cannot be protected, he may assert it during the annulment procedure following the grant of protection.
Is it possible to protect several technical solutions in one application?
No. One application may request only the protection of one model. If an application still requests the protection of several models, the applicant may divide its application at the Office's invitation or on its own initiative.
Is it necessary to annex an abstract to the utility model application?
No. When utility model protection is granted, the main claim and the characteristic figure are published in the official journal of the Hungarian Intellectual Property Office, the Gazette of Patents and Trademarks.
Is it necessary to annex drawings to the utility model application?
Yes. Since the utility model application must relate in every case to the shaping or to the structure of an object or to the arrangement of its parts, drawings shall be annexed in every case. Drawings shall be drawn up according to the rules of technical drawing, with the difference that sizes cannot be indicated. At the same time each figure must receive a figure number and reference signs which must be indicated in the description as well.