A seemingly ordinary patent revocation proceeding turned into a well of path breaking guidelines from the Metropolitan Court, Budapest, regarding the procedure of the Hungarian Intellectual Property Office (HIPO) and even lead to the declaration of the direct effect of Article 3 of Directive 48/2004/EC (Enforcement Directive).
In the reported patent revocation proceeding, the patentee owned a patent covering a certain packaging material used in the food industry. Based on this patent the patentee had started infringement proceedings before the Metropolitan Court against a local company a few years ago. In course of the patent infringement lawsuit, the defendant attacked the patent by requesting its revocation from the HIPO against the patent in 2010, roughly a year before the expiration of the right (and after the patentee had already won the infringement lawsuit at first instance). In line with the established judicial practice the infringement lawsuit had been suspended for the duration of the patent revocation proceeding (see post of October 11, 2010).