Use of the Hungarian patents either via the national route or via the PCT by our foreign clients is quite rare nowdays due to the dominance of the EPC. However, these possibilities exist and can be useful under certain circumstances.
European patent prosecution and opposition
The European Patent Office (http://www.epo.org) has the right to grant European patents that can be validated after being granted for the contracting states. For applicants outside the EPC area, the representation is obligatory (except for the step of filing an EP patent application). Apart from observations, a post-grant type of opposition is also available against European patents.
Due to being a professional representative before the EPO we are authorized and happy to represent our clients before the European Patent Office.
European patent validation
As Hungary is a contracting state of the European Patent Convention (EPC), granted European patents can be validated for Hungary. Our country signed the London Agreement, which makes it possible to translate only the claims of a granted EP patent into Hungarian, if the language of the proceedings before the EPO was English. If it was German or French, the English or Hungarian translation of the description and drawings (if any) shall also be filed.
The calculation of the official fees is quite complicated compared to other EPC contracting states. If the language of the proceedings was English, then the B1 EPO publication shall be taken into account for the description and drawings, and the Hungarian translation of the claims. However, if the language of the proceedings was German or French, the filed English or Hungarian translation of the description, and the filed Hungarian translation of the claims shall count. For patents containing sequence listing a special official discount may apply. Please request an exact quotation regarding the validation of an EP patent for Hungary.
Supplementary Protection Certificate
Hungary applies the EU Regulation (EC) No. 469/2009 of the European Parliament and of the Council regarding SPCs. As in other EU member states, Hungarian SPC application must be filed within six months of granting the first marketing authorisation for the active ingredient(s) in question. The patent serving as the basis of an SPC can be either a Hungarian national patent or a granted European patent validated for Hungary.