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IV. Translation requirements after grant

Contracting state

Hungary

1
Contracting state to the London Agree­ment on the application of Art. 65 EPC?

Yes

No official language in common with one of the official languages of the EPO.

2
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.


 

Art. 1(2) and (3) London Agreement

Art. 84/H.(1)-(1a), 84/I. PA

3
Must a national professional representative be appointed?

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.


 

Art. 51(1), (4) PA

4
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 ab initio in Hungary.

After validation, a voluntary translation of the full text of the European patent into Hungarian may be filed at any time.


 

Art. 84/H(1)-(3), (8), (10a) PA

5

(a) Special fee payable?

(b) If so, when due?

(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 three months (see point (ii) in column 4)

(b) Within two 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 two months of the filing of the translation. If he fails to do so, the translation into Hungarian is deemed not to have been filed.


 

Art. 84/H PA

Art. 4(2)-(2a), (5) FeeDecr

6

(a) Must a form be used?

(b) No. of copies to be filed

(a) No

(b) 1


 

Art. 11 PForm

7
Manner and form in which the translation is made available to the public

Mention in the official gazette of the HIPO, the Szabadalmi Közlöny és Védjegyértesítő (Gazette of Patents and Trade­marks).

The European patent will be entered in the separate part of the patent register if the translation of its text has been duly filed.

Available for inspection; copies available upon payment of a fee

Publication of the transla­tion and any corrections in printed form and on the internet


 

Art. 53(3), 84/H(9) and (10) PA

Art. 17 FeeDecr

8
Correction of translation

(a) permitted?

(b) Special fee payable?

(a) Yes

(b) HUF 23 500 plus HUF 3 500 for the sixth and each subsequent page of the translation


 

Art. 84/K PA

Art. 12(1) to (3) PForm

Art. 4(3) FeeDecr

9
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 not 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.


 

Art. 35(3), 53/D(2)(c) and (d), 84/H(4) PA

Art. 2(2)-(5) and 11 PForm

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