Translation requirements after grant
On 1 January 2011, the London Agreement entered into force for Hungary. As a result, the national provisions described in Part IV of the EPO brochure "National law relating to the EPC" have changed as follows:
Column 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."
Column 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.
If the European patent was granted in French or German, a 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."
Column 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 Fee Decree.
In the event of failure to observe these provisions, the European patent is deemed void ab initio in the Republic of Hungary."
Column 5 - (a) Special fee payable? (b) If so, when due?:
"(a) (i) HUF 21 400 plus HUF 3 200 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 claims, after translation into Hungarian, to those of the rest of the patent
- 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) An additional fee of HUF 53 400 is payable if the translation is filed during the additional three months (see point (ii) in column 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 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."