Second extension of certain time limits (until 2 June 2020) in industrial property proceedings pending before HIPO
In view of the emergency situation due to the Coronavirus epidemic, the Hungarian Intellectual Property Office (HIPO) informs you of the time limits applicable to clients in industrial property proceedings pending before the Office as follows:
The time limits which were set by HIPO to rectify irregularities and/or submit comments and which expire on 31 March 2020, the date of entry into force of Government Decree 74/2020 (31 March) on certain procedural measures applicable during the period of state of danger, or following that date, will be automatically extended until 2 June 2020 without any individual measure or notification to that effect. Up to this point in time the Office will not apply any sanctions for failure to comply with the aforementioned time limits. This measure does not affect time limits which expire after 2 June 2020.
If necessitated by circumstances at a later point in time, HIPO will take measures again concerning the time limits it has set and inform its clients thereof.
As much as possible under applicable legislation, HIPO will take into account the difficulties owing to the ordered emergency measures when setting the time limits. In addition, time limits set by HIPO to rectify irregularities and/or submit comments may be extended on request submitted before the expiry of the time limit, provided it is allowed by legislation. The applicable fees must be paid simultaneously with the filing of such requests.
In patent and utility model matters, in the event of failing to comply with time limits set by HIPO, a request for continuation of the proceedings may be filed within two months from the notification of the decision taken after 2 June 2020 because of the failure, simultaneously with which the omitted act must also be completed. Requests for continuing the proceedings will not be considered submitted until the fees for such request have been paid.
We would like to draw your attention to the fact that HIPO is not in the position to extend time limits determined by industrial property Acts. If you fail to meet such time limits, a request for restitutio in integrum may be submitted in cases allowed by an Act. According to section 1 of Government Decree 74/2020 (31 March) on certain procedural measures applicable during the period of state of danger, the time limit set out by an Act for the submission of a request for restitutio in integrum regarding an omission that takes place during the period of state of danger shall not include the period of state of danger. The request must render probable the grounds for the failure to comply and that the failure in question occurred without fault, and the omitted act must also be completed. In view of the state of danger, HIPO will proceed fairly and equitably when deciding on such requests for restitutio in integrum.