Significant amendments to Hungarian Patent Law were reported in our June 1994 Newsletter. Further changes have now been effected to bring Hungarian law into closer conformity with the European Patent Convention. These changes are expected to come into effect on January 1, 1996. Procedurally, these changes mean that examination will now be divided into two phases: first, preparation and publication of a search report and, second, substantive examination if the applicant so requests within six months of publication of the search report. Additionally, the right to amend the specification is likely to be more restricted in the future.

Hungarian law has not, however, been amended totally to follow the European Patent Convention and the long-standing provisions of Hungarian law permitting the grant of patents for plant varieties (15 years from grant for most plants, 18 years for trees and vines) and animal breeds (20 years from filing) have been maintained.

One further change introduced by the new law is the provision of an internal priority system similar to the new U.S. provisional application whereby a second Hungarian application will be able to claim priority from an earlier non-Convention Hungarian application filed no more than one year earlier.