Preliminary note: This memo is considered to provide a first general overview on Hungarian provisions concerning patent protection of pharmaceutical products in Hungary and is not intended to provide any detailed information on patentability of any product and/or the Hungarian patent registration procedure itself.

1. According to Hungarian law, protection for pharmaceutical patents may – generally speaking - be granted in 3 different ways:

1.1 Hungarian Patent Protection

The regulation on Hungarian national patent protection (Act Nr. 33 of 1995 on Protection of Inventions by Patents) is in force since January 1, 1996. By now (Sept, 2009) the rules have been harmonised and correspond to the European provisions.

Under the Act on Protection of Inventions by Patents pharmaceutical products may - generally speaking - be applied for patent protection, which – according to the practise of the Hungarian authorities - may be granted subject to their ingredients or subject to a combination of their ingredients. However, therapeutical measures or surgical procedures or diagnostic procedures (to be carried out on human or animal bodies) are not patentable.

1.2 European Patent Protection

European patents may be applied for in Hungary since January 1, 2003 (according to Act Nr. 50 of 2002 adopting the European Patent Convention of October 5, 1973.)

1.3 International –PCT- Patent Protection

Pharmaceutical patents have - further - been granted in Hungary since June 27, 1980 according and on the basis of the Patent Cooperation Treaty of June 19, 1970.

2. Supplementary protection certificates

A Hungarian national patent is generally granted as of the day of publication (of the protection) for a period of 20 years (with retroactive effect to the filing of the application.) However, after expiry of 20 years an extension of the patent protection is not possible according to the present Hungarian regulation, set forth in Act Nr. 33 of 1995.

According to the Draft of the forthcoming Act publishing the international agreement on Hungary's accession to the European Union (which has legally so far not entered into force), rules concerning supplementary protection certificates for medical products shall apply also for Hungary (according to the conditions, terms and extent set out in the European Council's regulation No. 1768/92 of 18 June 1992.)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.