National phase of PCT applications

The rules for granting patents on PCT applications are generally the same as for national applications. The specific rules for PCT applications may be summarized as follows:

1. The international date of filing represents the national date of filing, which forms the date considered as the basic date for paying annuities.

2. The international publication is not considered as a national publication, therefore the provisional protection and the duty of paying annuities begins with the national publication.

3. If Hungary is a designated country, the national phase must be started within 31 months from the earliest priority date.

4. If Hungary is an elected country, the national phase must also be started within 31 months from the earliest priority date.

5. A priority document and a translation thereof need not be submitted.

6. To start the national phase the applicant must:

• pay the fee

• submit a Hungarian translation of the international application

• submit a power of attorney for the representative

• submit a declaration of assignment if the applicant is not the inventor, if not already filed within the time limit applicable under PCT Article 22 or 39(1).

Remark:

The Office prefers if the front page of the International publication is filed, because it speeds up identification of the Case. This is not a compulsory requirement.