How does EUROPEAN PATENT validation work In hungary?

As Hungary is a member of the European Patent Agreement, the European Patent can enjoy protection in Hungary after the process of validation.

NECESSARY DOCUMENTS: TRANSLATION + POWER OF ATTORNEY

As Hungary has a different official language than the EPO, it is always obligatory to translate the claims to Hungarian. If the B1 document is in English, only the Hungarian translation of the claims has to be submitted. On the other hand, if the patent was granted with either a French or German description, an English or a Hungarian translation of the description can be filed as well, along with the required Hungarian claims.

For filing the validation a signed Power of Attorney will be requested from the applicant. One of our colleagues will send you the form by email after ordering the validation in Hungary. 

FEES: OFFICIAL FEE + SERVICE FEE + TRANSLATION FEE

The official fee is calculated based on the number of pages of the Hungarian claims, Hungarian or English description and drawings. The official fee (granting and printing fee) is EUR 95 + EUR 14 for each page over 5 pages. For example, if the number of pages of the Hungarian claims is 2, the English description is 10 pages long, and there are 3 pages of drawings, the official fee to be paid to the HIPO will be 95+10*14=235 EUR.

DEADLINE

The translation and the Power of Attorney form need to be filed within 3 months after the publication of granting, but there is an additional 3 month-long period when we can file the documents for a surcharge. 

IMPORTANT NOTE

Damages under the rules of civil liability may only be claimed for the period when a Hungarian translation of the description has already been published. As a result, for those considering launching a patent infringement lawsuit or by simple precaution, it is advisable to file a Hungarian translation of the description, even if it means higher translation fees. Of course, it is allowed to file the Hungarian translation of the description later as well, by paying an additional official fee.