Protecting your patent in Hungary: Key considerations for innovators
Key points to be aware of regarding protecting your patent in Hungary. Patent holders often assume that international or European patent registrations are sufficient.
But without strategic validation and local enforcement steps, your invention could be left unprotected and exposed to infringement.
This article explains how to properly secure and maintain your patent rights in Hungary and offers practical insight into avoiding costly mistakes that many innovative businesses make when entering this market.
Why protecting your patent in Hungary matters
Hungary is a full member of the European Patent Convention and the European Union. This means patent protection is accessible through several pathways, including the European Patent Office (EPO), the Hungarian Intellectual Property Office (HIPO), and international systems such as the Patent Cooperation Treaty (PCT).
However, once a patent is granted, it doesn't automatically take legal effect in Hungary unless the proper validation procedures are followed. This includes language requirements, deadlines, and administrative steps unique to the Hungarian system.
For innovators and R&D-driven companies, securing patent rights early and thoroughly is essential to maintaining exclusive control, preventing competitors from copying the invention, and supporting licensing, partnerships, or investment in the region.
Options for patent protection in Hungary
Depending on your business structure and market strategy, you may choose one of the following routes:
1. European Patent (EP) Validation
If you’ve applied for and obtained a European patent through the EPO, you can validate it in Hungary within 3 months of the grant. To do so:
You must file a Hungarian translation of the claims with HIPO.
You must pay the national validation fee.
Upon validation, the European patent is treated as a national patent under Hungarian law.
2. National Patent Application
You can file directly with the Hungarian Intellectual Property Office (HIPO) for patent protection. This might be relevant if:
You’re only targeting Hungary or nearby countries.
You need faster protection and less complexity than the EP route.
3. International Application via PCT
If you have filed a PCT application, Hungary can be designated among the target countries. You’ll still need to:
Enter the national phase in Hungary.
Comply with translation and fee requirements.
Each option has its advantages. Validation is often cost-effective when holding a European patent, while direct filing may be preferred for localized innovation.
Scope and duration of patent protection
Once validated or granted, a Hungarian patent offers protection for up to 20 years calculated from the filing date, provided that annual maintenance fees are paid. The protection covers:
The exclusive right to prevent others from manufacturing, using, selling, or importing the patented invention in Hungary.
Legal remedies, including injunctions, damages, and customs enforcement, in case of infringement.
Keep in mind that enforcement relies not only on legal registration but on active monitoring and readiness to assert your rights.
Points to consider regarding the enforcement strategy
Securing a patent is only the first step. In Hungary, enforcement involves:
Surveillance of the market and competitors to detect potential infringements.
Taking action from cease-and-desist letters to civil lawsuits.
Cooperation with customs authorities, particularly for imported counterfeit goods.
Legal enforcement in Hungary is carried out through the Metropolitan Court of Budapest, which has jurisdiction over IP disputes. Due to the technical complexity of such cases, it’s crucial to work with experienced IP lawyers who are familiar with Hungarian court procedures.
Recent legal developments and practical tips
Hungary has made several adjustments to its IP system in recent years, aiming for better harmonisation with EU rules and digitisation of procedures.
Digital filings via the HIPO platform have streamlined many processes.
New regulations clarify the patentability of software-related inventions, especially those with technical effect.
The UPC (Unified Patent Court) currently doesn’t apply in Hungary, national procedures still govern patent disputes.
Practical tip: To ensure enforceability, always file translations on time, track your annuity payments, and consider setting up alerts for similar patent applications.
Conclusion
Hungary offers a clear legal structure and EU-aligned IP protection. But only if innovators take timely and well-informed steps. Patent protection is not just a legal checkbox. It's a strategic business asset that underpins competitiveness, valuation, and long-term growth.
Whether you’re an international innovator entering the Hungarian market or a regional tech startup ready to scale, your patent deserves protection as strong as your invention.
📩 For professional support in patent validation, enforcement, and strategy in Hungary, consult our team of experienced IP attorneys.