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I. Evolution of patent activities
ACHIEVEMENTS AND SUCCESS
NEW OPTION TO SPEED UP PATENT PROCEDURES: PATENT PROSECUTION HIGHWAY
The HPO signed bilateral agreements with three national IP offices – on 30 June 2009 with the Japan Patent Office, on 22 October 2009 with the National Board of Patents and Registration of Finland and on 7 December 2009 with the Austrian Patent Office – enabling the offices to speed up the processing of patent applications in order to offer more effective services for the customers and to reduce the patent workload. In compliance with the agreements, the pilot project Patent Prosecution Highway (PPH) was launched in August 2009.
The PPH was originally a Japanese initiative based on bilateral agreements, which – besides providing more effective services for the customers – may offer solutions to manage the increasing volume of more and more complex patent workload worldwide.
The PPH project is advantageous for applicants who, due to their participation in the modern globalized economy, wish to obtain protection for an invention in several countries, for example in Japan and in Hungary at the same time. The essence of co-operation is that the national IP offices mutually recognise and utilise the work that has already been performed by the other office concerning the invention. Therefore they can perform their official duties in the patent procedures faster and in better quality, allowing the applicants requiring protection for the same invention in the country concerned to obtain patent protection in a shorter time.
According to the bilateral agreements, the applicants are, therefore, enabled to request an accelerated procedure concerning the inventions for which the IP office of the other contracting country has already performed the examination and established the patentability of the invention in respect of one or more claims.
Through the PPH project the HPO entered the circle of the world’s leading IP offices. With its pragmatic approach, the project became a widely used solution for cooperation. Its popularity is indicated by the fact that nearly a dozen national offices participate in this cooperation. The participants – including the HPO – are the national offices of the United States, the United Kingdom, Germany, Australia, Canada, South Korea, Singapore, Denmark, Finland, Austria and the European Patent Office.
COMMITTEE ON PATENT LAW OF THE EUROPEAN PATENT ORGANISATION
The Committee on Patent Law was established by the Administrative Council of the European Patent Organisation (EPO). Its duties include the support of the Administrative Council in patent law issues. This Committee is thus responsible for the preparation of the European Patent Convention’s (EPC) amendments and review, as well as for the preparation of amendments to the Implementing Regulations to the EPC. Its duties also cover the coordination of national rules of the contracting states in connection with the application of the EPC, as well as the coordination of the European position related to the international harmonisation of patent law.
The Committee on Patent Law meets regularly – according to the tasks and demands – with the participation of the representatives of the thirty-six contracting states to the EPC and the delegations of the extension organisations and states, holding annually 3-4 meetings on average. In the recent period the Committee on Patent Law contributed to the achievements of the EPO in several issues of strategic importance. With envisaging the legal framework of the cooperation between the European Patent Office (EPO) and the national offices, it facilitated the establishment of the European Patent Network, and it also drew up the regulatory background for the utilisation of national research results by the EPO as an important element of the network-based cooperation. The Implementing Regulations reviewed in 2000 to the EPC was elaborated and presented for the approval of the Administrative Council also by this Committee. The global harmonisation of the law on patents and the legal conditions of international work sharing between patent offices are constant items on the agenda of the meetings. In the recent period the Committee focused on the initiatives on regulation which aimed at the improvement of the quality of European patents and of the legal security of the European patent system (e. g. with the filtering of procedural abuses committed by a series of divisional applications). It is also partly due to the Committee’s work that the change of the European patent procedure to a delayed examination system was – at least for a certain time – taken off the “political” agenda of the EPO.
The Committee on Patent Law probably will have to play a significant role in the preparation of the EPC review needed for the introduction of the European Union patent.
The Vice-President for Legal Affairs of the HPO was elected Chair of the Committee on Patent Law by the Administrative Council in July 2005, who – performing his second three-year period in this position – is responsible for managing the work of the Committee. The Chair of the Committee on Patent Law – similarly to the Chairs of the other two standing committees – participates in the work of the Board responsible for the preparation of the meetings of the Administrative Council.
HUNGARIAN PRESIDENCY IN THE EU IN 2011
The HPO plays a most active role in establishing the Hungarian position in IP matters and represent it on decision making fora in the EU, as well as in preparing for the duties of the Presidency of the EU Council to be performed by the Hungarian Government with regard to the issues concerning intellectual property.
Within the Inter-ministerial Committee for European Affairs (ICEA), the expert group for the elaboration and coordination of Hungarian position concerning intellectual property is headed by the Vice-President for Legal Affairs of the HPO. This is also the case in the Hungarian delegation during the meetings of the Council’s working parties on industrial property.
In the framework of the preparation for the Presidency, the HPO has delegated several members to the so-called “Presidency Task Force” which is responsible for performing the duties deriving from the Spanish-Belgian-Hungarian trio Presidency. Under close cooperation with the Ministry of Justice and Law Enforcement, the HPO participated in elaborating the IP chapter of the Trio Operative Programme and contributes to the preparation of the programme of the Hungarian Presidency.
The duties of the HPO as an industrial property office include the processing of the trade mark application for the logo of the trio Presidency, as well as the eventual registration of that trade mark.
Preparation of intellectual property legislation and application of law
Preparation of intellectual property legislation
The Hungarian Patent Office (HPO) performed to a high level its duties related to the preparation of legislation with a comprehensive approach and in an efficient manner. The majority of the tasks focused on the preparation of amendments to the legislation concerning industrial property and copyright. An important part of the work was related to Hungary’s membership of the European Union, the European Patent Organisation and the World Intellectual Property Organization.
It was in April 2009 that the so-called “industrial property package” prepared in 2008 was approved. On 20 April 2009, the Parliament adopted Act XXVII of 2009 on the amendment to certain industrial property laws, which entered into force on 1 August 2009.
Act XXIII of 2009 on the accession to the Agreement on the Application of Article 65 of the Convention on the Grant of European Patents, adopted in London on 17 October 2000 promulgates the London Agreement, and contains the amendment of Act XXXIII of 1995 on the protection of inventions by patents, which is necessary for the accession to the London Agreement. The London Agreement aims to partly waive the requirements for, and the costs of, translation of European patents. After accession, the whole text of the patents valid in Hungary will be available in English language, while the claims defining the scope of protection will be translated in each case into Hungarian. The act will enter into force in Hungary on 1st January 2011.
Due to the expanding range of industrial property documents that may be filed with the HPO in an electronic way, it was necessary to amend Government Decree 147/2007. (VI. 26.) Korm. on the detailed rules concerning electronic filing of certain documents in industrial property procedures. The amendment was drafted by the HPO. The decree contains, inter alia, provisions for creating opportunities for electronic filing of requests for the validation of European patents, as well as extending the rules for the electronic filing of industrial property communications to the requests for renewal of design protection.
The annual maintenance fees and the fees for administrative services in industrial property procedures before the Hungarian Patent Office were re-established. With regard to the economic crisis, the amount of the annual maintenance fee for patents, were already modified before Act XXVII of 2009 on the amendment to certain industrial property laws, which concerns the annual maintenance fees, entered into force on 1st August 2009. The amendment of Government Decree 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office, having entered into force on 11 June 2009, re-structured the annual maintenance fees for patents with a view to offering substantial support to the domestic patent activity. In accordance with the government’s objectives of encouraging the innovation and patent activities of the innovative domestic small and medium-sized enterprises, the annual maintenance fees for patents considerably decreased in the first three years of protection, with regard to the financial burden of the early stage exploitation of patents. According to the new schedule of fees, it is only from the 6th year on that the maintenance fees are raised in respect of patents that can already draw growing benefits, thus, the amount of the maintenance fee projected for the next 20 years has not changed practically.
The national report of Hungary (and the necessary data collection) on the implementation of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights was completed within the deadline of 29 April 2009, and was forwarded to the European Commission. The report was prepared in close co-operation with the Ministry of Justice and Law Enforcement (hereinafter referred to: MJLE). The English and Hungarian language versions of the document are available on the website of the HPO.
The amendments to the regulations relating to the different international agreements in the field of industrial property (Patent Cooperation Treaty, Madrid Agreement and Protocol, Hague Agreement, European Patent Convention), which do not have to be ratified, as the treaties authorized the organisations established by themselves to amend these regulations, are in need of promulgation in the Republic of Hungary, independently of their entry into force under the international law. The HPO prepared the draft legislation on their promulgation in the obligatory format prescribed by the MJLE.
Written comments were prepared by the HPO to the questions referred by the Lithuanian Supreme Court of Justice for preliminary ruling to the European Court of Justice in the case C-66/09 of Kirin Amgen in the subject of supplementary protection certificates. The subject of the case is the interpretation of the transitional provisions of the Community regulation on the supplementary protection certificates of medicines.
OPERATION OF INTELLECTUAL PROPERTY PROFESSIONAL BODIES
Hungarian Council for the Protection of Intellectual Property
During the eight years since its establishment, the Hungarian Council for the Protection of Intellectual Property (hereinafter referred to as the “Council”) has become a body playing an orientating role in the intellectual property profession. Its operation has helped the work of the central public administration and its activities commanded keen domestic and international interest. The activities of the Council are regulated by Article 115/F of Act XXXIII of 1995 on the protection of inventions by patents.
In June 2009, the fourth volume of an intellectual property protection series, co-edited by the HPO and the Council, entitled “White Paper on Intellectual Property Protection, 2008-2009” was published. The volume devoted to the ongoing issues of intellectual property protection, containing nine studies, presents the latest developments in industrial property legislation, the pillars of the National Strategy Against Counterfeiting, elaborates on the current issues of trade mark legislation, gives an overview on the services of intellectual property protection in Europe as well as gives an insight into the current issues of copyright legislation.
It was with the professional and financial support of the Council that the "The economic contribution of the copyright-related industries in Hungary" was prepared, an analysis which, using the macroeconomic data of 2006 and applying the international methods elaborated by the WIPO quantifies the economic performance and employment ratios of the so-called creative industries. In comparison with the performance of the traditional economic sectors and in light of the international data, it indicates an increasing contribution (up to 7%) of the copyright-related industries to the Hungarian economy as a whole. It was in appreciation of the relevant efforts of the HPO that the HPO’s analysis of the copyright-related industries published in 2005 was included in a volume of international studies translated into Japanese and published by the Japan Copyright Office.
In compliance with its operational rules, the Council held four meetings. It discussed:
- the report on its activity in 2008 and its work plan for 2009;
- information on the amendments of certain industrial property laws;
- information on the legislation concerning orphan works;
- the situation of the current copyright issues before the European Union;
- the intellectual property event related to the World Science Forum (WSF);
- the legislation concerning the Body of Experts on Copyright;
- the action plans related to pharmaceutics and biotechnology, as well as public road vehicle industry;
- the National report of Hungary under Article 18 of Directive 2004/48/EC on the enforcement of intellectual property rights;
- the community initiatives relating to the further development of the European patent system (European patent, patent litigation);
- the report on the current issues of international and Community copyright legislation;
- the analysis, entitled “The economic contribution of the copyright-related industries in Hungary”;
- the international legislative tendencies relating to copyright limitations and exceptions and the issues of the Hungarian legal policy;
- the HPO’s questionnaire on design protection;
- the implementation of the National Strategy Against Counterfeiting;
- the questions relating to a digital Hungary and intellectual property protection.
Body of Experts on Industrial Property
The Body of Experts on Industrial Property acted in the matter of 14 requests and commissions. An expert opinion was prepared in 4 cases, one case was terminated due to lapse of interest, and one further case is ongoing. The majority of commissions were initiated by courts, investigating authorities and economic entities.
Body of Experts on Copyright
The Body of Experts on Copyright received 26 requests; the number of requests received in 2008 and continued in 2009 was 7. Eleven appointments were received from courts, 2 requests from the police, one from a mayor’s office, and 12 from private organisations (enterprises, associations and law offices). The requests concerned a wide range of copyright and related rights issues, with the emphasis being on book publishing, computer programs, architectural creations and their designs.
INDUSTRIAL PROPERTY OFFICIAL EXAMINATION AND PROCEDURES
OFFICIAL ACTIVITY
As a consequence of the global economic-financial crisis, the increasing tendency of previous years in the number of applications within the framework of the international patent cooperation treaty (PCT) designating Hungary came to a halt. WIPO registered 155 000 PCT applications, that is, the number of applications decreased to a smaller degree than expected, by 4.5% compared to the previous year.
In the years following the accession to the European Patent Convention on 1 January 2003, a continuously increasing number of cases relating to granted European patents have been filed in respect of Hungary. In 2009, the number of European patents designating Hungary was above 25 000, surpassing by 9% the figure of the previous year; the HPO received 2309 requests for validation of European patents, which is 4.4% more than in 2008.
As a result of Hungary’s accession to the Community and European protection systems, a considerable part of the foreign applications filed directly with the HPO in the previous years shifted to the European or the Community route. Consequently, following the year of accession and in all relevant titles of protection, the number of industrial property matters filed in the national route, domestically and directly with the HPO from abroad, decreased as expected. The decrease in the number of patent applications between 2000 and 2008 was mainly due to the decline in the number of foreign applications filed directly with the HPO and to that of the PCT applications entering the national phase. As a result of the upward trend in the domestic patent application activity, however, there was an increase in the volume of patent applications filed in the national route.
The level of patent, utility model activities of the Hungarian applicants increased compared with the previous year. The volume of domestic patent applications, which was registered at the level of roughly 700 in the previous years, showed a favourable upward trend, surpassing by 11% the figure of 2008. The favourable trend in the patent applications can be the result of, inter alia, the innovation support activities of the Research, Technology and Innovation Fund and the awareness raising activities of the HPO in the past years. Patent activity is closely related to the intensity of Hungarian research and development and innovation, to the industrial property awareness and the property relations within the Hungarian economy.
Although the number of applications filed by Hungarian applicants abroad continued to be extremely low, both the European patent and the Community or international (Madrid Agreement) trade mark activities showed an upturn compared to the previous year.
The figures of the industrial property activity of foreign applicants in Hungary indicate the international interest in the Hungarian economy and market and also the integration of the Hungarian economy in Europe. Since the accession to the European Patent Convention on 1 January 2003 a growing number of foreign applicants have requested protection for the territory of Hungary not directly but following the European route, that is, in the procedure before the EPO.
As a result of the accession to the European and Community protection systems, the amount of industrial property with protection extending to the territory of Hungary has been continuously increasing year by year. These protections must be respected by all domestic market players during their economic decision making.
The HPO has performed the tasks of a receiving office deriving from the Patent Cooperation Treaty (PCT), – in respect of the euro-PCT– deriving from the accession to the European Patent Convention on 1 January 2003. Hungarian applicants have filed 112 PCT applications, 6 European patent applications via the HPO as a receiving office. Through its IP information activities, the HPO supports primarily the preparation of international applications of domestic SMEs and individual inventors.
PATENTS
The number of applications within the framework of the international patent cooperation (PCT) designating Hungary showed a decline, as a consequence of the economic crisis, compared with the previous year. Although to a lesser degree, compared with the expectations of previous years, the number of requests for validation of European patents in Hungary continued to grow. The continuously increasing number of granted European patents designating Hungary projects a further growth.
Of the patent applications filed in the national route, the number of the applications filed directly with the HPO by foreign applicants and that of the international (PCT) applications entering the national phase remained on a low level, in accordance with the forecasts, as the foreign applications have gradually shifted over to the European route since the accession to the EPC in 2003. The HPO received 756 patent applications filed by domestic applicants, which means a more than 10% increase in the application activity compared with the previous year. 69% of the domestic applications were filed by individuals, 31% of them by institutions. Although the number of domestic applications filed by enterprises grew year by year as of 2005, it remained at a low level. The Hungarian applicants filed an increased number of European patent applications compared with the previous year, but their number of PCT applications fell to 148.
The patent granting procedure of the HPO was completed in 4263 cases, 8939 cases were pending at the end of the year, and the number of granted patents was 2688.
Accelerated technical development and growing market competition urge the applicants to shorten the time of procedure. In the national granting procedure, the effective legislation offers the customers several options – in the various phases of the procedure – for acceleration of the procedure; the applicants availed themselves of these opportunities in more than 190 cases. For the applicants seeking protection for the same invention in several countries, the bilateral Patent Prosecution Highway (PPH) agreements concluded with Austrian, Japanese and the Finnish offices created new opportunities for accelerated examination procedure.
Regarding countries of origin of requests for the validation of European patents in Hungary, German applicants ranked first (28%), followed by US (14%) and Swiss (11%) applicants. The concentration of requests for validation of European patents by technical field further intensified: as much as 34% of the requests for validation came from a single technical filed, namely pharmacy. 71% of the requests came from five technical fields: pharmacy, other machinery, metal products, chemistry and instruments.
The patent applications filed following the national route and examined entirely in the national office shows a similar concentration of technical field as to the previous year: 17% of the applications were received from a single technical field, namely mechanics, pushing to the third place pharmacy, formerly leading in the requests for validation of European patents, the share of which was 11%.
The number of patents valid in Hungary has continuously increased since 2005, as a result of a growth in the number of validated European patents. At the end of 2009, the number of valid patents totalled 12 749, 1287 more than in the previous year. Valid patents granted following the national route amounted to 6547, and the number of valid European patents was 6202. The number of valid European patents surpassed that of the previous year by 46%.
Regarding valid patents in Hungary broken down by technical field, both in respect of the patents filed following the national route and the validated European patents, it is pharmacy that ranks first: one-third (33%) of all valid patents are concentrated in this technical field. It is followed by mechanics with an 11% share, and chemistry with a 9% share.
Not more than 8% of the right-holders of valid patents in Hungary were Hungarian (9% in the previous year), thus, 1048 patents were owned by Hungarians. 92% of the right-holders were foreigners, of which the German (26%) and the US (14%) right-holders were in the lead.
The breakdown of valid patents by lifetime shows two peaks: as a result of the increase in the number of validated European patents, 49% of the patents are “young”, 4-7 years old; 28% are “middle-aged”, 11-16 years old.
Ten inter partes cases were completed in the HPO, 16 new procedures were commenced. The number of inter partes cases pending before a board was 25 (19 revocation and 6 non-infringement procedures).
The HPO received 9 new applications for plant variety protection. Protection was granted in 17 cases, 8 ended with a lapse. The number of national plant variety protections valid in Hungary, that is, the joint number of plant variety protections and the plant variety patents according to the old title of protection was 393 at the end of the year; 66% of which were owned by Hungarian right-holders. As a result of Hungary’s accession to the European Union, the effect of Community plant variety rights extends to Hungary as well. In 2009, the Community Plant Variety Office received a total of 2694 applications for Community plant variety rights. Hungarian applicants filed 6 applications for Community plant variety rights.
QUALITY MANAGEMENT SYSTEM
As a condition of the participation in the international patent work sharing and of the functioning of an office providing quality services, the HPO has performed the substantive examination of the patent applications and the novelty search in a quality management system since 1 January 2007, with regard to the requirements laid down in the European Quality Management System Product Quality Standards, EQMS. For the initiative of the competent committee of the EPO (Technical and Operational Support Committee, TOSC), the Patent Quality Management Council of the HPO has submitted the evaluation of its quality management system.
In Accordance with the tasks set out in its mid-term strategy, the HPO has arranged the preparatory work for the implementation of the ISO 9001 quality management and ISO 27001 information security systems at the end of 2010. In course of this work, the HPO has reviewed the quality management systems experiences of some major international IP offices and Hungarian central budgetary organisations. Additionally, it has chosen a consulting company (Szenzor Gazdaságmérnöki Kft.) to assist in the establishment of the quality management system.
UTILITY MODELS
In 2009, the HPO received 251 utility model applications, which is 13% more than in the previous year. 91% of the applications were of Hungarian origin. 76% of the utility model applications filed following the national route came from individuals.
In 2009, altogether 243 utility model procedures were completed: protection was granted in 166 cases; there were 9 rejections and 68 withdrawals. To the satisfaction of applicants, the duration of the utility model procedure was less than 6 months. The HPO received 2 new requests for revocation, and the procedure was completed in 1 revocation case and in 1 non-infringement case. At the end of the year, 3 cases were pending. The number of valid utility models was 832, which is 11% less than in the previous year. 89% of the utility models were owned by Hungarians, 11% were owned by foreign right-holders, of whom the Czechs and Germans represented 2% each, the Austrian, Slovak and US right-holders represented 1% each.
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II. Matters concerning the generation, reproduction, distribution and use of primary and secondary sources of patent information
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INDUSTRIAL PROPERTY EDUCATION
In the last few decades, the HPO has played an important role in disseminating IP knowledge through its training activities. The two-year long advanced level industrial property course organised by the HPO is a significant element of the development of the Hungarian industrial property culture and of the training of a new generation of professionals. At the end of the course launched in 2007, 22 persons were given an advanced level qualification in industrial property protection, and an additional 10 participants worked on their theses. In September the HPO launched the advanced level industrial property course with the participation of 55 persons, according to the amended provisions on industrial property qualification [Decree 2/2008 (VIII. 22.) TNM].
The intermediate level industrial property course was attended by staff members of patent attorneys’ or law offices, the Hungarian Economy Development Centre, the National Office for Research and Technology, the Hungarian Customs and Finance Guard, innovation agencies, pharmaceutical companies, university knowledge centres and enterprises, 46 persons passed the exam successfully. The Office gave the opportunity to obtain the intermediate level industrial property qualification at the Károly Róbert College for the fourth time, 36 persons passed the exam successfully. Moreover, 13 students applied for the exam of the intermediate level industrial property course at the Agriculture Faculty of the College of Szolnok.
The special industrial property trainings organized for the research and education sector give an excellent framework for disseminating the industrial property culture. Under the cooperation with the Hungarian Academy of Sciences, the HPO organized one-day industrial property trainings on the issues of practical application of IP protection for the staff members of the network of research institutes on three occasions.
Based on the cooperation agreements concluded with 20 major Hungarian institutions of higher education the students can obtain up-to-date IP knowledge in graduate, post-graduate and in distance learning trainings. 78 applications were received to the invitation published by the HPO for assistance with dissertations. The modern distance learning programme complemented with research – with the participation of more than 220 students – contributed to the spread of knowledge on IP protection at the Ergonomics and Psychology Faculty of Budapest University of Technology and Economics, as well as at the University of Debrecen.
The industrial property protection training organized – with the support of the Grants and Innovation Centre – for the tutors of Eötvös Loránd University was successful, as well as the IP protection training organized as a part of basic business education, with the participation of INNOSTART National Business and Innovation Centre Foundation.
The HPO participated with tutors for the first time on the two-year long course – as a preparation for the European patent attorney exam – organized by CEIPI (Centre d'Etudes Internationales de la Propriété Intellectuelle) and the Hungarian Chamber of Patent Attorneys.
DEVELOPMENT OF INDUSTRIAL PROPERTY AND COPYRIGHT CULTURE, CUSTOMER SERVICE
In compliance with the international trends and the requirements for national offices, the HPO continued to strengthen its quality service provider character. Through its industrial property services, customer services, IT and education programs, the HPO improved the conditions of awareness, information and education in the domestic industrial property and copyright culture.
INNOVATION SUPPORT, COMPETITION PROMOTION
The HPO contributed to innovation support in Hungary with the special tools of IP protection. Its purpose is to exert an influence of measurable efficiency on IP-awareness and activities of the major target groups of the national innovation sphere (particularly SMEs, Hungarian Academy of Sciences, high education).
The internationally reputed Action Plan Promoting Industrial Property Competitiveness was re-launched under the name of VIVACE+ within the cooperation of the National Office of Research and Technology (NKTH) and the HPO. 14 regional organisations including several former partners of the HPO (Chamber of Commerce and Industry, PATLIB centre) and also some recently joined organisations (ITD Hungary, SEED Foundation for Small Enterprise Economic Development) participated in the programme focusing on raising the industrial property knowledge of enterprises. VIVACE+ is based on the following four pillars: 1) enhancing the assistance in innovation; 2) improving industrial property services of; 3) promotion of IP protection and development of regional network; 4) education, content development and providing information in the field of industrial property.
A questionnaire survey on the awareness of industrial property of Hungarian entrepreneurs was prepared with the assistance of the Foundation for Hungarian Business Research and with the involvement of more than four hundred SMEs. The analysis described and evaluated the changes in industrial property awareness of enterprises in the past four years.
Linked to the institutions of higher education as recognised knowledge centres, the industrial property information centres, the so called PATLIB centres were operated at six universities outside Budapest with the professional assistance of the HPO. According to the contracts concluded between the University of Miskolc, the University of Szeged, NYME-ERFARET Nonprofit Kft. and the HPO, the information points in the libraries of the universities, in the Office for the Utilisation of Research Products and Technology Transfer of the University of Pécs, in the Genomnanotech Knowledge Center in Debrecen and in the Regional Knowledge Centre for Vehicle Industry in Győr are parts of the PATLIB network in-line with the standards of EPO. They provide information on patents mainly for researchers, tutors, inventors and SMEs.
Determining the value of Hungarian-owned intellectual assets is a key element of the involvement of capital from external sources. As a further step of the research and development activities focusing on the adoption of the internationally used IP valuation methodology, the HPO launched a series of symposia in cooperation with four European IP offices (Finland, Austria, UK and Hungary). The first meeting was held in November 2008 in Budapest, the second one in Helsinki on 18-19 May 2009 on the economic and business perspectives of IP valuation. Connecting to the international cooperation in methodology the HPO initiated the establishment of an IP valuation forum, the site of which is available in English through the homepage of the HPO (http://ipvaluation.hpo.hu/), so providing an information platform for enterprises, researchers, universities and investors.
The adaptation of the international methodology of IP valuation to Hungarian circumstances continued, the pilot works for IP valuation of technical solutions elaborated in academic research institutions, being partly under patent protection, were commenced based on the cooperation agreement with the Hungarian Academy of Sciences.
In order to promote the utilisation of intellectual property, in March 2008 the National Office for Research and Technology – upon the initiative of the HPO and to the debit of the Research and Technology Innovation Fund – announced a competition titled “Obtaining Industrial Property Protection for Hungarian Inventions in Foreign Countries” No. IPARJOG_08 with a frame amount of HUF 200 million, to which the applications could be submitted till 31 December 2009. The Office actively participated in the work of the jury, assessing 116 projects received till the end of the year, of which the jury supported 83 applications.
QUALITY SERVICES
With regard to the relevant international experiences of offices offering quality services, the HPO offers a wide range of high-level IP protection services against payment, besides its customer services provided free of charge.
The high level services in the field of patent and trade mark searches offer the tools of industrial property for making responsible business decisions. Hungarian and foreign customers may order directly on the homepage of the HPO or of the EPO five patent search services offered by the HPO: novelty search, novelty search with preliminary patentability report, preliminary patentability report, validity search and freedom to operate search. The services may be ordered in English, French and German. Through these services the customers can obtain analytic information for their decisions on patenting. The potential applicants are interested mainly in the novelty search and in the preliminary patentability report.
Since 2006 the works and performances subject to Act LXXVI of 1999 on copyright can be registered in the voluntary register of works at the customer service of the HPO. Since its introduction, the authors have used this service in nearly a thousand cases.
The service IP Pre-Diagnosis based on the French model and introduced by the HPO helps SMEs better exploit their intellectual assets. In the cooperation between EPO and HPO and within VIVACE+ the identification and classification of the intellectual property of 20 enterprises was started through this methodology.
CUSTOMER SERVICE
There was a high interest in customer services: 18,781 enquiries were received, 10% more than in the previous year. 61% of the enquiries were received by phone, 33% in person. Providing information on trade marks has been the most important field of customer service for a long time; 38% of all enquiries related to trade marks, 16% to patents and 15% to general information; the number of enquiries increased in all forms of protection compared to the previous year. In connection with the interest in the voluntary register of works the number of enquiries concerning copyright continued to increase, it means more than 10% of all enquiries. The customers requested more and more profound and complex information and more and more customers were interested in the possibilities of obtaining rights abroad.
VISIT OF THE WIPO’S DIRECTOR GENERAL TO BUDAPEST
Due to its importance in diplomacy, the most outstanding international event of 2009 in the HPO was the visit of Mr Francis Gurry, Director General of the World Intellectual Property Organization (WIPO, the UN’s special organization for industrial property and copyright), to Budapest between 5 and 6 November 2009.
The reason for Mr Gurry’s visit was to attend the World Science Forum (WSF) organised by the Hungarian Academy of Sciences, UNESCO and the International Council for Science. The Director General was invited by Mr József Pálinkás, president of the Hungarian Academy of Sciences and the WSF. The event – besides the original aim of the visit, i.e. Mr Gurry’s speech at the plenary session of the WSF – also gave the opportunity to prepare a rich professional programme. The Director General of WIPO was received by Mr László Sólyom, President of the Republic and Mr Gurry had negotiations with Dr. Miklós Bendzsel, President of the Hungarian Patent Office, Mr Tibor Draskovics, Minister of Justice and Law Enforcement and Mr Vilmos Szabó, State Secretary of the Ministry for Foreign Affairs as well. In addition, Mr Gurry met some of the Hungarian representatives of innovation, research and development, such as Mr Ernő Rubik, inventor and Mr Erik Bogsch, Managing Director of Richter Gedeon Plc. and President of the Hungarian Intellectual Property Council.
Special attention was paid to the meeting with the President of the Republic. During the meeting Mr Gurry and Mr Sólyom exchanged views on the international protection of geographical indications, the possibilities of further extension of international patent cooperation established by the Patent Cooperation Treaty (PCT), as well as on the promotion and support of national industry and innovation capacities through the internationally recognised patent search and examination services of the HPO. The Director General found the initiative of Austria and Hungary to establish a Central European PCT authority realistic from legal and technical points of view, and he considered the plan of the project desirable and useful, with a special respect to the workload of the world’s IP offices. Processing nearly two million patent applications per year with high effectiveness and in proper quality is feasible only under such forms of cooperation. Besides the issues of industrial property, the challenges of copyright in the 21st century were also emphasized during the meeting. The President of the HPO demonstrated the high percentage of the copyright sector in the Hungarian national economy through the latest figures of the HPO’s survey prepared by the methodology of WIPO for the second time. The share of copyright sectors in Gross Added Value was 7.4 %, and they contributed to the employment with 7.2 %, which made the Director General express his recognition for these results. The meeting was closed by a discussion of the special IP needs of SMEs, whereby the parties agreed that further efforts are needed so that the possibilities offered by intellectual property may be better exploited by the customers from this sector.
COMMUNICATION AND PRESS ACTIVITIES
The principle of the HPO’s public appearance is effective and open communication. For this purpose regular relations were maintained with the representatives of the media, mutually informing each other of the possibilities of cooperation.
The HPO published articles on innovation promotion and on raising awareness in the economy newspaper “Napi Gazdaság” and was also represented in the programmes of “Gazasági Rádió” (Economy Radio) and different TV channels, based on cooperation agreements.
In the Hungarian media more than 400 articles, news, radio and TV programmes dealt with IP protection. In addition, nearly 50 articles were published related to the HPO and its activities.
In May a seminar for journalists on raising awareness in industrial property was organized in Tihany by the Club of Hungarian Science Journalists with the professional support of the Hungarian Academy of Sciences and the HPO. In November the HPO organized a two-day conference entitled “The Knowledge Society and Intellectual Property” within the framework of the European programme “National Action Plan – IP for Journalists” of the EPO, and also published a guide on IP protection for journalists.
The quarterly published “Newsletter on IP protection” providing information and news concerning industrial property and copyright, which is the common publication of the Office and the Hungarian Council for the Protection of Intellectual Property has been issued for six years. The aim of the newsletters, downloadable on the homepage of the Office, is to give information on the latest issues, events and background of IP protection in Hungary and worldwide for the responsible decision makers in IP industry, economy and politics.
The electronic newsletter “e-News”, published every month since 2007 by the Office, gives an edited version of news from the homepage of the HPO for registered customers.
PARTNERS IN PROFESSIONAL AND EDUCATIONAL COOPERATION
The HPO established professional, training and other cooperation with several institutions, the most significant ones are the following:
Professional cooperation
Hungarian Academy of Sciences, Hungarian Association for the Protection of Industrial Property and Copyright, Hungarian Association for Innovation, Hungarian Academy of Engineering, Association of Hungarian Inventors, Hungarian Research Student Association, NOVOFER Foundation, Hungarian Chamber of Commerce and Industry, Journalists of the Federation of Technical and Scientific Societies, National Police Headquarters, Hungarian Finance and Customs Guard, Typotex Electronic Publishing Company, ITD Hungary, INNOSTART National Business and Innovation Centre, SEED Foundation, Ötlet Klub 13 Egyesület (Idea Club 13 Association)
Cooperation in higher education
Budapest University of Technology and Economics, Corvinus University of Budapest, Budapest Tech Polytechnical Institution, University of Debrecen, Eötvös Loránd University, Harsányi János College, Károly Róbert College, Hungarian University of Fine Arts, University of Miskolc, Moholy-Nagy University of Art and Design, University of West Hungary, Pázmány Péter Catholic University, University of Pécs, Semmelweis University, University of Szeged, Szent István University, Szolnok University College, International Business School, Police College
Professional communication agreements
Hungarian Television – Delta (TV series on science), Duna Television – Heuréka – Solart Film, Élet és Tudomány Association (scientific association), Jogtudományi Közlöny (Gazette of Jurisprudence), Mérnökújság (engineers newspaper), Napi Gazdaság (economic daily), Világgazdaság (economic daily), Gazdasági Rádió (economic radio), Agrárium, MAG (Hungarian economic development centre), Tudományos Ismeretterjesztő Társulat (scientific educational association), Természet Világa (World of Nature, scientific gazette), Természet-Tudomány Alapítvány (Nature-Science Foundation), Gépgyártás folyóirat (magazine on machine manufacturing).
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IX. Other general information related to the Office that is available on the Internet -- URLs of web pages of the Office’s website that:
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