AI-generated inventions and patent disclosure in Hungary
How to disclose inventions created using artificial intelligence? From the international office part, the message is clear. Disclosures should be more transparent when AI takes part in the invention process.
But what about the situation in Hungary? In this article, we summarise the most important facts. Well worth a read, because as a foreign applicant, failure to adapt can mean rejection, delays, and missed opportunities.
Why AI disclosures in patent applications especially matter now
Artificial intelligence has evolved beyond automation, creative writing, or analysis. It actively contributes to the innovation of technical solutions, helps to optimize product development, and sometimes proposes completely new ideas.
As a consequence, patent offices around the world - led by WIPO, EPO, USPTO, and others - have started to discuss and implement guidance on how to handle AI involvement in inventions.
Although Hungary has not yet issued specific national rules, the Hungarian Intellectual Property Office (‘HIPO’) is coordinating its practice with the European Patent Office (‘EPO’).
Patent examiners increasingly expect to be clarified whether and how artificial intelligence has contributed to the invention.
What is considered AI involvement in an invention?
The spectrum is wide. The contribution of AI can range from a small amount of assistance to a significant contribution. So the key question is: would the invention in question have been the same without AI?
Let's take some fictitious examples of cases in point:
An entrepreneur uses ChatGPT or another AI to brainstorm technical solutions and comes up with a breakthrough approach.
An AI-based CAD tool helps to create a new mechanical design or structural design.
An AI-based machine learning model can fine-tune the parameters of a chemical process and then achieve unprecedented results.
An algorithm automatically generates the source code that later becomes part of an engineering product.
Where artificial intelligence plays a significant role, patent authorities may expect its disclosure. Not for ethical reasons, but to ensure that the invention is described in adequate detail and that the human contribution is properly defined.
Why failure to disclose AI involvement can backfire
Most patent systems (including the Hungarian one) are built around a simple rule. The patent application must describe the invention in sufficient detail to enable an individual with knowledge of the field to reproduce it.
But what happens if a neural network has devised a technical solution that even the inventor himself cannot fully understand how it came about?
In patent terms, this is where the potential problems begin. The undeclared participation of artificial intelligence could lead to a rejection for inadequate disclosure. In the course of litigation, a granted patent could become vulnerable if it turns out that the AI played a key role but was not properly disclosed.
This can also raise questions about inventorship. Who exactly contributed to the inventive activity? As AI-generated material becomes more common, patent offices are increasingly expecting transparency on these issues.
What Hungary expects in practice
Hungary follows the examination guidelines of the European Patent Office. These guidelines now include sections dealing specifically with inventions related to artificial intelligence and machine learning.
Key points to consider:
Hungarian patent law currently doesn't recognize AI systems as inventors.
However, the origin and nature of the invention must be clear, including whether artificial intelligence was used.
Applications must be filed in Hungarian. References to technical methods must be understandable and translatable.
If the description is unclear or generated by artificial intelligence without explanation, the examiner may reject the application or take official action requiring clarification.
Although Hungary has not yet required a formal ‘artificial intelligence statement’, the lack of publication can still lead to delays, objections, or even invalidation.
How a local IP law firm can help with AI-generated inventions and patent disclosure in Hungary
As a foreign filer, especially if filing via the EPO or PCT route, it is easy to overlook procedural nuances specific to Hungary. The added value of a Hungarian IP law firm specializing in this area is that it can support international applicants with particular effectiveness in:
Assessing whether and how AI should be disclosed in patent applications.
How to determine whether and how human contribution should be clearly and appropriately drafted in the patent application, in line with Hungarian legal interpretation.
Translate and adapt the technical specifications to meet local requirements.
Responding to HIPO office actions and proactive examiner communication.
Weighing the balance between the sufficiency of disclosure and protection of trade secrets.
In a legal environment that is rapidly evolving, local guidance may allow compliance to be ensured without over-disclosing sensitive technical information.
Conclusion
AI increasingly seems to be redefining the process of innovation. However, patent law has not necessarily yet caught up with this. For now, applicants must work within the traditional legal framework while preparing for future changes.
If you are filing a patent application in Hungary and AI has played any role in the invention process, do not wait for the new rules. Instead, prepare now by understanding the disclosure expectations and working with a local partner who knows the system.