mardi, février 01, 2011

Hungary: Validation of European patents under London Agreement

Validation of European patents under London Agreement

Contributed by DANUBIA Patent & Law Office LLC


With effect from January 1 2011, Hungary has joined the London Agreement. Accordingly, European patents granted after January 1 2011 can be validated by translating the claims only, provided that the description is in English. If it is in another language, an English translation of the description (and copies of any drawings) must be filed together with the Hungarian claims.

The details of the validation process depend on whether the European patent was processed in English or in German or French.

If the patent was processed in English, the applicant must file the Hungarian translation of the claims in Patent Cooperation Treaty (PCT) format. It must also pay the printing fee, which is calculated according to the number of pages of the printed European patent specification - the cover page does not count, but all pages on which a part of the description appears must be included. Furthermore, all pages that include drawings must be included in the pages of the specification. An additional factor that must be taken into account in determining the number of pages is the length of the claims in Hungarian.

If the European patent is in German or French, the applicant can choose to file a full Hungarian translation or an English translation of the specification with Hungarian claims. The format of the specification is the standard PCT format and the number of pages is the combined number for the specification, the claims and the drawings.

The fee for the first five pages is €81; thereafter, the fee is €13 a page.

For applicants from outside the European Union, a local representative must be used; a representative is recommended for EU applicants domiciled outside Hungary.

The validation process starts with filing of the Hungarian translation of the claims and payment of the publication fee. The Hungarian Intellectual Property Office provides a filing receipt after these steps and later publishes a notice of validation, from which date the patent has enforceable protection. The patent is subsequently published electronically, with the submitted English description, the Hungarian claims and the drawings.

The basic term for validating a European patent in Hungary is three months from the granting date. A three-month extension can be obtained on payment of a late validation fee of €202.

If the applicant wishes to enforce the patent or if a nullity proceeding is started, the applicant must submit a full Hungarian translation of the specification, since the language of the proceedings will be Hungarian.

For further information on this topic please contact Michael Lantos at DANUBIA Patent & Law Office LLC by telephone (+36 1 411 8800), fax (+36 1 266 5770) or email (lantos@danubia.hu).