Top mistakes IP firms make when filing in Hungary and how to avoid them
Expanding IP protection into Hungary may seem straightforward until the details start to matter. From procedural nuances to language barriers and disclosure expectations, foreign IP firms often stumble on issues that could have been avoided with local insight.
In this article, we highlight the most common mistakes international attorneys make when filing in Hungary and how to avoid them before they become costly setbacks.
1. Misunderstanding the limits of utility models in Hungary
One of the most common misunderstandings, especially by foreign partners. The utility model is indeed a faster and cheaper alternative to a patent, but it can only be used for certain types of inventions.
Importantly, under Hungarian law, a utility model can only relate to an object or device, such as
a new mechanical structure,
technical solution
configuration or construction of an article or arrangement of parts thereof .
Processes, methods, software, algorithms, or methods of operation cannot be protected in this way. This often only becomes clear when the EPO refuses the application. Meanwhile, valuable time and money can be lost.
How to prevent it?
Before applying, checking that the invention is the subject matter is important. If the invention is more about a process or software, other forms of legal protection (such as patents) may be an option.
A local expert can help you to choose the right path from the start and avoid unnecessary loops.
2. ''Everything can be done in English with HIPO"
It is important to note that the Hungarian Intellectual Property Office (HIPO) operates primarily in Hungarian. Although they accept documents in foreign languages, all communication, submissions, objections, and decisions are handled in Hungarian.
As a consequence, foreign offices can easily lose time or suffer misunderstandings if they lack a secure Hungarian language presence.
How to prevent it?
In order to take a proactive approach, it may be worth working with a partner office in Hungary. Preferably one that offers not only linguistic assistance but also formal and deadline management support. This is particularly important in case of objections or disputes.
3. “An English patent specification and drawing will probably be enough”
Another common assumption is that if the EPO (European Patent Office) or the US Patent and Trademark Office (USPTO) has accepted the patent documentation, it must be adequate in Hungary.
However, this is often not the case because the HIPO frequently requires more detailed or precise wording. Especially regarding patent specifications and figures.
How to prevent it?
Before applying, it is advisable to have the entire documentation reviewed by a Hungarian IP expert. By doing so, there is a good chance of avoiding formal objections, rejections, or the need for subsequent amendments.
4. Ignoring EU and WIPO trademarks in Hungarian search could cost your client their brand
An extremely high risk. As a member of the European Union, Hungary is automatically part of the EU trademark system. All EU trademarks have legal effect in Hungary. The same applies to international (WIPO) registrations if they cover Hungary.
Therefore, if the search is limited only to the Hungarian database, trademarks that are otherwise protected may easily be overlooked. This can lead not only to refusal of the application but also to litigation if an EU or WIPO trademark owner takes action against the newly registered or used name.
How to prevent it?
A comprehensive trademark search, including EUIPO and WIPO databases, should be carried out before any application or introduction of a new brand name.
5: “Language requirements are standardised across the EU”
Not necessarily. At least, practical experience proves this. However, a clear proof of this misconception is that many ignore the fact that an official Hungarian translation may be required for certain procedures in Hungary.
Examples can of course be cited, such as in patent validation or in litigation, the submission of an official Hungarian translation is a mandatory element.
How to prevent it?
Before any submission, a linguistic and formal compliance check is strongly recommended. This not only helps to avoid administrative errors, but can also be a condition for enforceability.
Conclusion
IP filings in Hungary can be attempted without local knowledge, although there is no point. Even though the Hungarian legal system is not necessarily more complicated than that of other EU countries.
On the other hand, it has some small but critical peculiarities, the knowledge of which only practical experience and local routine will reveal. Even a single formal deficiency can delay registration for weeks or even lead to refusal.