Utility Models

The law on Utility Model protection was accepted and entered into force on January 1, 1992.

The basic characteristics of this law are as follows:

1. The protection can cover the form, structure or arrangement of the components of a product, if it is novel, can be used in the industry and is based on an inventive step. The solution is based on an inventive step if it is not obvious for a technician skilled in the art.

2. The prior art includes world-wide written publications and public use in Hungary. The subject matter of earlier patent or utility model applications also belongs to the prior art.

3. The period of protection is ten years from the filing date. Annual maintenance fees must be paid.

4. The rights emanating from the protection are practically identical with those offered by patent protection.

5. A utility model application can be converted into a patent application and vice versa.

6. The other requirements are very close to (practically identical with) those of the patent law.

In case of utility models there is a 6 month grace period for publications occurred accidentally by the inventor or the applicant.