The Hungarian market spent the past year observing the effects of amendments made to the country’s Patent Act, which came into force on 1 January 2022. The Bolar exemption was among the many processes changed by the amendments, harmonising the country’s approach with EU Directive 2001/83/EC. There was previously a...

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The Hungarian market spent the past year observing the effects of amendments made to the country’s Patent Act, which came into force on 1 January 2022. The Bolar exemption was among the many processes changed by the amendments, harmonising the country’s approach with EU Directive 2001/83/EC. There was previously a slight overlap between experimental use and Bolar exemptions. The amended act separates the two and clarifies the conditions of exemption and what constitutes infringement. Cases of private use, experimental trial, or medicinal preparation in accordance with a prescription would not constitute infringement under the Bolar exemption. Another adjustment has been to the bifurcated litigation system. In a bid to ensure swifter proceedings, defendants in infringement cases are allowed to file a counterclaim for patent revocation within the initial court proceedings. A subsequent result is that patent revocation counterclaims, when ordered alongside a preliminary injunction, are more likely to be considered. Although a signatory, Hungary has yet to ratify the Unified Patent Court (UPC) Agreement. Practitioners in the country are facing the imminent opening of the UPC with a mixture of anticipation and trepidation. Overall, the country is embracing the upcoming changes both domestic and European.

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