Public health compulsory licences

With a view to satisfying the needs arising in Hungary in connection with the health crisis as defined by section 228(2) of Act CLIV of 1997 on healthcare, and/or with a view to exploitation for export in connection with compulsory licences for the treatment of a public health problem arising in another country, the Hungarian Intellectual Property Office shall grant a public health compulsory licence for the exploitation of a patented healthcare product under or a process, equipment or tool under patent protection that is required for the production of a healthcare product.

Kulcsszavak: public health compulsory licence, health crisis, medical product

Any natural or legal person and their representative.

The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)

Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.

In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.

Identification can be done in the following ways:

User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.

Electronic signature with enhanced security is a minimum requirement.

When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.

It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.

The filing procedure is as follows:

1. Download the form to your device. Filling out the form in a web browser is not recommended.

2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.

3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.

The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.

4. Indicate that you really intended to compile this submission, or look at the HTML submission summary.

The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.

In proceedings relating to public health compulsory licences the HIPO shall proceed as a matter of priority.

Apart from that, the administrative deadlines laid down in the Act on General Public Administration Procedure do not apply nor do apply the provisions of the Act on General Public Administration Procedure which set a deadline for other measures of the acting authority.

A request for public health compulsory licence shall contain

  1. the registration number of the patent or supplementary protection certificate granted for the invention to be exploited on the basis of the compulsory public health license,
  2. the name of the health care product which the applicant intends to manufacture on the basis of the compulsory license and, in the case of a medicinal product, the free name of the product
  3. indications which distinguish a health product intended to be manufactured on the basis of a compulsory public health license from product of the patent holder
  4. a certificate from a state pharmaceutical administration body stating that the applicant is applying for a compulsory public health licence for the required quantity of health care products specified in the certificate, which is suitable for meeting the domestic needs related to the health crisis situation,
  5. proof that the applicant for a compulsory public health license has the capacity corresponding to the quantity specified in the certificate referred to in point (d) which he intends to produce under the compulsory public health license,

The fee for requesting the compulsory licence is 140 800 HUF.

All fees shall be payable to the account No. 10032000-01731842-00000000 of the Hungarian Intellectual Property Office kept with the Hungarian State Treasury by bank transfer or money order, with the indication of data for identification (reference number or the registration number) and destination.

Hungarian Intellectual Property Office

The procedure for reviewing the decisions of the HIPO falls within the competence and exclusive jurisdiction of the Budapest-Capital Regional Court. Review of a decision may be requested by any party to the procedures before the HIPO, any person excluded from, or limited in, the inspection of files or any person whose legal status as a party to the procedure has been denied. Other participants in the proceedings before the HIPO may, in their own right, file an independent request for review against the relevant provision of the decision or the decision concerning them. The deadline for submitting a request for reviewing the decision is 30 days from the date of notification of the decision to the party or other party to the proceedings. The request shall be filed with the HIPO, but it shall be addressed to the Budapest-Capital Regional Court. A fee of HUF 10,500 must be paid when filing the request, in the case of electronic submission by bank transfer.

In the absence of a provision of an international treaty to the contrary, foreign applicants shall be represented by an authorised patent attorney or an attorney-at-law in all patent matters.

This provision shall not apply if the foreigner is a natural person or a legal entity whose permanent residence or domicile is in the territory of a Member State of the European Economic Area.

Please also be advised that the language of proceedings before the HIPO is Hungarian.

Further information is available at

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Act XXXIII of 1995 on the protection of inventions by patents

Decree No. 19/2005. (IV. 12.) GKM on the fees for administrative services in industrial property procedures before the Hungarian Patent Office

Government Decree No. 212/2020. (V. 16.) on public health compulsory licences for domestic use