Lack of infringement
Any person believing that proceedings for patent infringement may be instituted against him may, prior to the institution of such proceedings, request a decision ruling that the product or process exploited or to be exploited by him does not infringe a particular patent specified by him.
Request for the ruling on the lack of infringement can only be filed in relation to one patent.
The description and drawing of the product or procedure exploited or to be exploited and the patent indicated have to be attached to the request.
A fee determined is to be paid for the procedure on lack of infringement.
In connection with procedures on lack of infringement the Hungarian Intellectual Property Office brings a decision after written preparation, usually on the basis of an oral trial, in the form of a board consisting of three members determining whether it admits the request for lack of infringement or refuses it.
The applicant bears the costs of the revocation procedure.
The final ruling on lack of infringement excludes the possibility of infringement proceedings on the basis of the indicated patent in respect of the same product or process.
The case law in connection with lack of infringement procedures can be found in the Guidelines.