I. Requirements for Hungary after EP grant
I.1 Translation requirements
A translation of the claims into Hungarian must be supplied under the conditions provided for in Art. 65(1) EPC.
No further requirements if the European patent was granted in English, but the patentee is free to supply a full Hungarian translation as well.
If the European patent was granted in French or German, a full translation into English or Hungarian must be supplied under the conditions provided for in Art. 65(1) EPC.
If the European patent is maintained in amended form, a translation of the amended claims into Hungarian and, if the European patent was granted in German or French, a translation of the patent specification into English or Hungarian must be filed under the conditions provided for in Art. 65(1) EPC.
After validation, a Hungarian translation of the text other than the claims may be filed additionally at any time. This option is designed to strengthen the patentee’s position and increase legal certainty in any judicial infringement procedures.
I.2 Professional representative
Unless an international treaty provides otherwise, foreign applicants whose permanent residence or seat is not in the territory of the EEA shall appoint a professional representative who is entitled to act before the HIPO.
This professional representative does not have to be a national professional representative but must be domiciled in the EEA.
I.3 Period for filing the translation
(i) Within 3 months of the date on which the mention of the grant, maintenance in amended form or limitation of the European patent is published in the European Patent Bulletin.
(ii) The translation can also be filed within 3 months of the last day of the above period on payment of the additional fee specified in the FeeDecr.
In the event of failure to observe these provisions, the European patent is deemed void from the date of filing of the application in Hungary.
After validation, a voluntary translation of the full text of the European patent into Hungarian may be filed at any time.
I.4 Office fee
(a) (i) HUF 23 500 plus HUF 3 500 for the sixth and each subsequent page of the translation
The number of pages is calculated as follows:
– if the European patent was granted in English, by adding the pages of the claims, after translation into Hungarian, to those of the rest of the patent; if the full text of the patent was translated into and filed in Hungarian, this translation will be taken as the basis for the calculation;
– if it was granted in French or German, by adding the pages of claims, after translation into Hungarian, to those of the rest of the patent after translation into Hungarian or English.
(ii) additional fee of HUF 58 700 is payable if the translation is filed during the additional 3 months (see point (ii) in section 4)
(b) Within 2 months of filing the translation
If the publishing and printing fee is not paid at the time the translation is filed, the HIPO invites the applicant to remedy the deficiency within 2 months of the filing of the translation. If he fails to do so, the translation into Hungarian is deemed not to have been filed.
I.4 Special features
Translations of European patents must be produced and filed in accordance with the detailed formal requirements set out in PForm.
The translation of the European patent (and any request for its correction) may also be filed electronically.
Under Hungarian law, an infringer resident or having its seat in Hungary cannot be held liable for infringement, and consequently damages cannot be claimed, unless a description in Hungarian was filed and so available to the alleged infringer.
However, even in the absence of a Hungarian translation, liability may be established and damages awarded if the patentee proves that the infringer was able to understand the English description of the European patent (e.g. infringer is an international company, conducts business in English, etc.).
Since 1 January 2012, patentees have had the option of filing a Hungarian translation of the description, in addition to that required for the claims, at any time after “validation”. This releases them from the burden of proving the defendant’s language skills when seeking damages.
II. Double-patenting allowed?
Simultaneous protection by national patents/utility models is not excluded.
Territory of Hungary