[The generic Research and Development possibilities after Hungary accessed th European Patent Convention]

Abstract

January 1, 2003 Hungary became a member of the Munich Convention on the Grant of European Patents (European Patent Convention, EPC). As from January 1, 2003 European patents may be claimed and obtained also for Hungary and European applications may be filed with the Hungarian Patent Office as well. This paper focuses on the exceptional generic R&D possibilities which can harmonize in harmony with all the claims of the Union in spite of the fact that it does not follow general European limitations and practises. Based on the amended Hungarian Patent Law (No. XXXIII of 1995 on the Protection of Inventions by Patents; Article 19 (6)b)) the exclusive right of exploitation shall not extend to acts done for experimental purposes relating to the subject matter of the invention, including experiments and tests necessary for the registration of medicines as well. The national and international legal history and background of the operative Hungarian Patent Law are also presented roughly. The paper deals with the divergence of the originator-generic industry and the EU-USA industry and with the incoherence within the EU itself on the early testing permissions and limitations.