Procedure before the court

Procedures for reviewing (changing) the decisions issued by the Office fall under the jurisdiction of the Metropolitan Court. Decisions of the latter may be appealed to the Metropolitan Appeal Court.

A request for reconsideration of a decision issued by the Office should be filed within 30 days with the Office which should transmit the file of the case within 15 days from receipt of the request to the Metropolitan Court.

The Metropolitan Court acts in senates composed of three professional judges of whom at least two must have a university or equivalent degree in a technical field.

In such proceedings the provisions of the Code of Civil Procedure must be followed, taken the specialties declared in the Hungarian Patent Act into consideration.

If questions arise before the Court that were not considered before the Office (e.g. widening of the scope of protection), the Court may return the case to the Office.

In addition to the cases decided in the first instance by the Office, the Metropolitan Court acts as a competent Court in suits relating to compulsory licenses and to rights concerning prior use as well as in infringement suits. The Metropolitan Court acts in such cases also in senates as described above. All other suits relating to patent matters should be prosecuted before competent County Courts being Appeal Courts in general civil procedures.