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Legislative Implementation of Flexibilities - Hungary

Title:Articles 1(2) (a) and 5a of the of the Act XXXIII of 1995 on the protection of inventions by patents (Consolidated text of 01.04.2010)
Field of IP:Patents
Type of flexibility:Patentability of substances existing in nature
Summary table:PDF

Provisions of Law

Patentable inventions

Article 1

(2) The following in particular shall not be regarded as inventions within the meaning of paragraph (1):

(a) discoveries, scientific theories and mathematical methods,

Patentable biotechnological inventions

Article 5/A

(1) Inventions meeting the requirements of Article 1 to 5 shall be patentable even if they concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. Biological material means any material containing genetic information which is capable of reproducing itself or being reproduced in a biological system.

(2) Biological material which is isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously occurred in nature.

(3) The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.

(4) An element isolated from the human body or otherwise produced by means of a technical process, including the sequence of partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.

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