Patent translations: old and new problems


Michael Lantos

Several changes to the Hungarian Patent Law became effective on January 1, 2012, partly to align national law with the requirements of the London Agreement, to which Hungary signed in 2011.

A particular change affects the owners of European patents that are valid in Hungary and their right to collect compensation for damages when the patents are infringed.

European patent filers can now file the full Hungarian translation of the patent specification when the language of prosecution for the European patent was English. Furthermore, the amendment allows the voluntary subsequent filing of the Hungarian translation of the specification in a separate step for cases where the validation was made using the English description with the Hungarian claims.

The date when the Hungarian translation is filed has an effect on the date from which damages can be claimed during patent infringement cases. It also means that the submission of a full translation of a European patent specification can put patent owners in advantageous positions when they are claiming damages in court.

translation, Hungarian Patent Law, London Agreement, patent filing, UPR