In principle, upon publication – Art.67 EPC and Art.69(2) – of a European application (assuming you comply with the national requirements – National Law Table III), you are granted provisional rights.
Theoretically, you can then go to a judge and invoke the right against an infringer.
However, the scope of your provisional protection can change retroactively, so you are potentially liable for damages if on grant, there is no infringement.
I see that Hungary has quite a long section in the National Law Table III.A, column 2. For most other states, it creates a liability for damages.
My question is – does anyone ever try to sue an infringer based solely on provisional protection?
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