1. Patents: Assignment
    1. 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 
    2. 2. Which formalities must be met to record a patent assignment? Which supporting documents are required?
    3. 2.1 Are original supporting documents essential or are copies sufficient?
    4. 2.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 2.3 Is there a must to use a specific form?
    6. 3. What are the legal consequences of not recording the patent assignment? Does the record in the patent register have declarative or constitutive effect?
    7. 4. Are there specific formalities in case the patent is held by more than one proprietor? 
    8. 5. Is there a need to appoint a domestic professional representative?
    9. 6. Which official fees (if any) arise from recording a patent assignment?
  2. Patents: Licensing
    1. 7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)? 
    2. 8. Which formalities must be met to record a patent licence? Which supporting documents are required?
    3. 8.1 Are original supporting documents essential or are copies sufficient?
    4. 8.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 8.3 Is there a must to use a specific form?
    6. 9. What are the legal consequences of not recording the patent licence? Does the record in the patent register have declarative or constitutive effect?
    7. 10. Are there specific formalities in case there is more than one licensor or licensee? 
    8. 11. Is there a need to appoint a domestic professional representative?
    9. 12. Which official fees (if any) arise from recording a patent licence?
  3. Patents: Pledge
    1. 13. It is possible to pledge a patent? If yes, is it required to record such pledge in the patent register?
  4. Trademarks: Assignment
    1. 1. How may a trademark be assigned (by law and/or transaction) and is it required to record the assignment in the national trademark register to become effective? 
    2. 2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?
    3. 2.1 Are original supporting documents essential or are copies sufficient? 
    4. 2.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 2.3 Is there a must to use a specific form?
    6. 3. What are the legal consequences of not recording the trademark assignment? Does the record in the trademark register have declarative or constitutive effect?
    7. 4. Are there specific formalities in case the trademark is held by more than one proprietor? 
    8. 5. Are there specific formalities in case a trademark is only partially assigned? 
    9. 6. Is there a need to appoint a domestic professional representative?
    10. 7. Which official fees (if any) arise from recording a trademark assignment?
  5. Trademark: Licensing
    1. 8. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 
    2. 9. Which formalities must be met to record a trademark licence? Which supporting documents are required?
    3. 9.1 Are original supporting documents essential or are copies sufficient? 
    4. 9.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 9.3 Is there a must to use a specific form?
    6. 10. What are the legal consequences of not recording the trademark licence? Does the record in the trademark register have declarative or constitutive effect? 
    7. 11. Are there specific formalities in case there is more than one licensor or licensee?
    8. 12. Are there specific formalities in case a trademark is only partially licenced? 
    9. 13. Is there a need to appoint a domestic professional representative?
    10. 14. Which official fees (if any) arise from recording a trademark license?
  6. Trademark: Pledge
    1. 15. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

jurisdiction

Hungary
Add jurisdiction

Patents: Assignment

1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 

A patent can be transferred by legal transaction and succession.

The assignment must be recorded in order to be effective vis-à-vis third parties.

2. Which formalities must be met to record a patent assignment? Which supporting documents are required?

Entries are made into the register of patent applications and the Patent Register by the Hungarian Intellectual Property Office (Szellemi Tulajdon Nemzeti Hivatala, SZTNH) based on (i) its own decision, (ii) the decisions of other authorities, or (iii) court ruling. SZTNH shall decide on the basis of a request presented in writing. The underlying authentic instruments or private documents with full probative force shall be attached.

2.1 Are original supporting documents essential or are copies sufficient?

Submission of a copy is sufficient. 

2.2 Are there any legalization and/or notarization and/or translation requirements?

There is no special legalization and/or notarization requirements. Petitions in foreign languages may also be submitted, however SZTNH may require the submission of a Hungarian translation.

2.3 Is there a must to use a specific form?

It is necessary to fill out a paper-based form or an electronic form available on the SZTNH website

The legal consequence of not recording a patent assignment is that the assignment will have no effect against third parties.

The record in the patent register has declarative effect.

4. Are there specific formalities in case the patent is held by more than one proprietor? 

Each co-owner can sell his share of the patent without the consent of the other co-owners.

However, the other owners have the right of pre-emption over the co-owner's share against third parties.

5. Is there a need to appoint a domestic professional representative?

If the applicant has its place of residence or seat outside Hungary, it is required to commission a patent agent or an attorney-at-law for representation.

6. Which official fees (if any) arise from recording a patent assignment?

HUF 16 500 (approx. EUR 42,70) per application.

Patents: Licensing

7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)? 

In general, there are exclusive and non-exclusive licences. Both types can be recorded in the patent register.

The licence right becomes effective when the contract is concluded between the parties. Vis-à-vis third parties, the licence rights become effective when the licence is recorded in the patent register.

8. Which formalities must be met to record a patent licence? Which supporting documents are required?

A written application in addition to the contract is necessary in order to record the entry in the patent register. The underlying authentic instruments or private documents with full probative force shall be attached

8.1 Are original supporting documents essential or are copies sufficient?

Submission of copies is sufficient.

8.2 Are there any legalization and/or notarization and/or translation requirements?

There is no special legalization and/or notarization requirement. Petitions in foreign languages may also be submitted, however SZTNH may prescribe the submission of a Hungarian translation.

8.3 Is there a must to use a specific form?

It is necessary to fill out a paper-based form or an electronic form available on the SZTNH website.

It will not become effective vis-à-vis third parties.

Recording the licence in the patent register has declarative effect.

10. Are there specific formalities in case there is more than one licensor or licensee? 

The co-patentees may grant a licence to a third party only jointly. The consent may be replaced by a judgment of the court.

11. Is there a need to appoint a domestic professional representative?

If the applicant has its place of residence or seat outside Hungary, it is required to commission a patent agent or an attorney-at-law for representation.

12. Which official fees (if any) arise from recording a patent licence?

HUF 16 500 (approx. EUR 42,70) per application.

Patents: Pledge

13. It is possible to pledge a patent? If yes, is it required to record such pledge in the patent register?

Yes, patents can be pledged.

Establishing a pledge requires the pledge contract to be in writing and the pledge to be registered in the patent register.

Trademarks: Assignment

1. How may a trademark be assigned (by law and/or transaction) and is it required to record the assignment in the national trademark register to become effective? 

A trademark can be transferred by contract or by succession.

The assignment must be recorded in order to be effective vis-à-vis third parties.

2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?

A written application in addition to the contract is necessary in order to record the entry in the trademark register. The underlying authentic instruments or private documents with full probative force shall be attached.

2.1 Are original supporting documents essential or are copies sufficient? 

Submission of copies is sufficient. 

2.2 Are there any legalization and/or notarization and/or translation requirements?

There is no special legalization and/or notarization requirement. Petitions in foreign languages may also be submitted, however SZTNH may prescribe the submission of a Hungarian translation.

2.3 Is there a must to use a specific form?

It is necessary to fill out a paper-based form or an electronic form available on the SZTNH website.

If the trademark assignment is not recorded, it has no legal effect against third parties.

Recording the assignment in the trademark register has declarative effect.

4. Are there specific formalities in case the trademark is held by more than one proprietor? 

Each co-owner can sell his share of the trademark without the consent of the other co-owners.

However, the other owners have the right of pre-emption over the co-owner's share against third parties.

5. Are there specific formalities in case a trademark is only partially assigned? 

No. It only needs to be properly specified in the trademark assignment contract.

6. Is there a need to appoint a domestic professional representative?

If the applicant has its place of residence or seat outside Hungary, it is required to commission a patent agent or an attorney-at-law for representation.

7. Which official fees (if any) arise from recording a trademark assignment?

HUF 16 500 (approx. EUR 42,70) per application.

Trademark: Licensing

8. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 

In general, there are exclusive and non-exclusive licences. Both types can be recorded in the trademark register.

The licence right becomes effective when the contract is concluded between the parties. Vis-à-vis third parties, the licence rights become effective when the licence is recorded in the trademark register.

9. Which formalities must be met to record a trademark licence? Which supporting documents are required?

A written application in addition to the contract is necessary in order to record the entry in the trademark register. The underlying authentic instruments or private documents with full probative force shall be attached.

9.1 Are original supporting documents essential or are copies sufficient? 

Submission of copies is sufficient. 

9.2 Are there any legalization and/or notarization and/or translation requirements?

There is no special legalization and/or notarization requirement. Petitions in foreign languages may also be submitted, however SZTNH may prescribe the submission of a Hungarian translation.

9.3 Is there a must to use a specific form?

 It is necessary to fill out a paper-based form or an electronic form available on the SZTNH website.

The trademark licence does not have any effect vis-à-vis third parties.

Recording the licence in the trademark register is declarative.

11. Are there specific formalities in case there is more than one licensor or licensee?

Joint proprietors of a trademark may grant a licence to a third party only jointly. The consent may be replaced by a judgment of the court.

12. Are there specific formalities in case a trademark is only partially licenced? 

No. It only needs to be properly specified in the trademark licence contract.

13. Is there a need to appoint a domestic professional representative?

If the applicant has its place of residence or seat outside Hungary, it is required to commission a patent agent or an attorney-at-law for representation.

14. Which official fees (if any) arise from recording a trademark license?

HUF 16 500 (approx. EUR 42,70) per application.

Trademark: Pledge

15. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

Yes, trademarks can be pledged.

Establishing a pledge requires the pledge contract to be in writing and the pledge to be registered in the patent register.