Hungary’s Participation in the Unitary Patent Package on Hold following Decision of the Hungarian Constitutional Court

IP News

In 2017 the Hungarian Government requested that the Hungarian Constitutional Court provide an opinion as to whether the Unified Patent Court Agreement (UPCA) would be compatible with the country’s constitution.

The Unified Patent Court Agreement is a central part of the Unitary Patent Package.  For more information on the Unitary Patent Package, see our article here.  Once the Unitary Patent Package has entered into effect, certain granted patents would be litigated in the Unified Patent Court (UPC), rather than in the National Court of a Member State.

The Hungarian Court’s decision issued at the end of June 2018, and in essence the Court considered that the transfer of exclusive jurisdiction to an international institution not explicitly foreseen by the EU treaties, even in the framework of enhanced cooperation among EU Member States, would be incompatible with the constitution.

This decision may mean that Hungary does not ratify the UPCA and therefore does not participate in the Unitary Patent Package.  Alternatively, it may mean an amendment to Hungary’s constitution.

The Hungarian decision has no formal effect on the entry into force of the Unitary Patent Package.  At present, the remaining formal requirement for the system to proceed is ratification of the UPCA by Germany.  However, there is also a pending Constitutional Court challenge in Germany which must be overcome before ratification there can be completed.

We will continue to issue updates regarding the Unitary Patent Package as matters develop.

close popup

IP updates signup

Subscribe to our IP news updates mailing list

If you would like to receive our IP updates, please complete the form below. By signing up, you are agreeing to receive IP updates from us, but you can unsubscribe at any time.

* indicates required
Select your IP interests

Please select all the ways you would like to hear from Beck Greener:

We take your privacy seriously and you can manage your preferences or unsubscribe at any time by clicking the link in the footer of our emails. For information about our privacy practices, please visit our website at

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices here.