Who Can File a Patent in Hungary
Any applicant who has filed a valid international application under the PCT Filing may enter the national phase in Hungary. Eligible applicants include individual inventors, startups, small and medium enterprises, multinational corporations, universities, and public or private research institutions.
There are no nationality restrictions on applicants. However, foreign applicants without a domicile or registered office in Hungary must appoint a locally authorized patent representative to act before the Hungarian Intellectual Property Office. Clear ownership of the invention must be established, and any transfers of rights must be properly documented.
Strict Deadline for Patent Filing in Hungary(30 / 31-Month Rule)
The deadline to enter the Hungarian national phase from a PCT application is 30 months from the earliest priority date.
Applicants choosing to pursue patent protection in Hungary via the European regional phase must observe the 31-month deadline applicable under the EPC framework. The decision between direct national phase entry and the European route should be based on commercial objectives, enforcement considerations, and overall portfolio strategy.
If you can face Failure for National Phase Filing within the statutory deadline results in irreversible loss of patent rights in Hungary.
Timeline Extension After Expiry of the Deadline
Hungarian patent law allows for limited restoration of rights if the national phase deadline was missed unintentionally. A request for reinstatement may be filed within the prescribed statutory period, accompanied by official fees and a detailed explanation demonstrating that due care was taken.
Restoration is discretionary and subject to strict examination. There is no automatic extension of the 30-month deadline, and reliance on post-deadline remedies is legally risky. Timely national phase entry is therefore strongly recommended.
Filing Language for Patent Application in Hungary
The official language for patent filing in Hungary is Hungarian. If the international application was filed in a different language, a complete Hungarian translation of the description, claims, abstract, and any text in the drawings must be submitted upon national phase entry or within the prescribed timeframe.
The Hungarian translation determines the scope of protection and enforceability of the patent in Hungary. Translation accuracy is critical, as errors may restrict claim interpretation or weaken enforcement.
Required Documents to file Hungary Patent Application
For entry into the Hungarian national phase, the following documents are typically required:
A copy of the international PCT application, including description, claims, abstract, and drawings, translated into Hungarian where applicable. A formal request for national phase entry must be filed together with payment of the required official fees.
A power of attorney is required when a local representative is appointed. The power of attorney generally does not require notarization, legalization, or apostille and may be submitted as a simple signed document unless specifically requested.
If the applicant differs from the original PCT applicant, an assignment or proof of entitlement must be provided. Such documents typically do not require notarization unless a formal deficiency arises.
Search and Examination Procedure
Following national phase entry, the Hungarian Intellectual Property Office conducts a formal examination to verify compliance with filing requirements. Substantive examination of patentability is then carried out, assessing novelty, inventive step, and industrial applicability.
The Office relies on the international search report and written opinion issued during the PCT phase or on reports from recognized international or European search authorities. This ensures a balanced and efficient examination process while maintaining patent quality.
Examination Process and Office Actions
During substantive examination, the examiner may issue official communications identifying objections related to patentability Search, clarity, unity of invention, or formal deficiencies. Applicants must respond within statutory deadlines with arguments, amendments, or evidence as appropriate.
Office actions may require claim amendments or narrowing to overcome prior art. Failure to respond timely or adequately may result in refusal or abandonment of the application. Skilled prosecution is essential to obtain robust and enforceable patent rights.
Deadline for Request for Examination
In Hungary, substantive examination proceeds as part of the national phase process once examination fees are paid. A separate, standalone request for examination is not required if statutory fees are settled in due time.
Applicants must ensure that all procedural requirements are satisfied to avoid delays or adverse outcomes.
Publication Process and Legal Impact
National phase patent applications in Hungary are published after completion of formal examination. Publication places the application in the public domain and establishes provisional protection.
Following publication, the applicant may claim reasonable compensation for unauthorized use occurring after publication once the patent is granted. Publication also provides constructive notice to third parties and strengthens the applicant’s negotiating position.
Grant Process and Enforceability
Once all legal and technical requirements are met, the Hungarian Intellectual Property Office issues a decision to grant the patent. Upon grant, the patent confers exclusive rights to prevent third parties from making, using, offering for sale, selling, or importing the patented invention in Hungary.
Granted patents are fully enforceable before Hungarian courts. Patent holders may seek injunctions, damages, destruction of infringing goods, and other remedies available under Hungarian and EU law. Compliance with translation, annuity, and procedural requirements is essential to maintain enforceability.
Validity Term
A patent granted in Hungary is valid for 20 years from the international filing date, subject to timely payment of annual maintenance fees. The term aligns with international patent standards and EU harmonization.
Typical Time to Obtain a Patent in Hungary
The typical timeframe from PCT national phase entry to grant in Hungary is approximately three to five years, depending on the technical field, quality of the application, and responsiveness during prosecution.
Efficient handling of office actions can significantly reduce pendency.
Annuities and Maintenance Procedure
Annual renewal fees must be paid to maintain patent rights in Hungary. Annuities are payable annually starting from the third year, calculated from the international filing date.
Renewal fees increase progressively throughout the patent term. Late payment is permitted within a statutory grace period subject to a surcharge. Failure to pay annuities results in lapse of patent rights, with limited restoration options.
Official Government Fees for Hungary Patent Search
Hungarian National Phase Filing Fees (Indicative)
| Fee Category | Amount (EUR) |
| National phase filing fee | Approx. 250 |
| Substantive examination fee | Approx. 350 |
| Claims fee (above statutory limit) | Per claim |
| Publication fee | Approx. 60 |
| Grant fee | Approx. 120 |
Annual Renewal Fee Ranges (Indicative)
| Patent Year | Fee Range (EUR) |
| Years 3–5 | Low |
| Years 6–10 | Medium |
| Years 11–15 | High |
| Years 16–20 | Very High |
Official fees are subject to periodic revision and may vary depending on applicant status and procedural circumstances.
Utility Model Protection in Hungary
Hungary provides utility model protection as an alternative to patents for technical inventions with a shorter commercial lifecycle. Utility models are granted more rapidly and with reduced substantive examination.
Utility model protection is suitable for incremental innovations and offers a shorter term of protection than patents. Utility models cannot be entered through the PCT and must be filed directly at the national level.
Hungary Patent Office Authority
Patent filing, examination, grant, and maintenance in Hungary are administered by the national authority responsible for industrial property rights:
Visit Website: Hungary Patent Office
