Patent in Bulgaria.

The right to file a national application for a patent belongs to the inventor or his successor. Any applicant who has a permanent address or headquarters in the Republic of Bulgaria may file a patent application at the Patent Office in person or through a local industrial property. An applicant who has no permanent address or headquarters in the Republic of Bulgaria is obliged to file a patent application with the Patent Office through a local industrial property.

The date of filing shall be the date of receipt at the Patent Office of a patent application, containing the name of the invention, the name and address of the applicant, the name and address of the inventor as well as a description of the invention disclosing its nature, claims, drawings (if need for clarification), and an abstract. It is necessary to request to present a statement of actual inventors, where the applicant is different from the inventor. If the application is filed through an industrial property in the application stating his name and address, and the application shall be attorney. When priority is claimed, the application entered number, date and country of the priority document. It is necessary to request to be presented and a priority certificate.

If the applicant is prepared to grant a license, applies a statement of willingness to license. The application must be applied and paid for document filing fees for checking the formal requirements for the preliminary examination and eligibility of claims and priority, if claimed as such. Documents submitted to the Bulgarian language. Where the description, claims, drawings and abstract are presented in another language, to preserve the filing date is necessary in the same three-month period to be presented to the Bulgarian language. Any application whose applicant is a Bulgarian citizen with a permanent address in Bulgaria or a legal entity with headquarters in Bulgaria, within one month from the date of submission shall be subject to the test for classified information.

Within 13 months from the date of filing the application, respectively, of the priority date, the applicant may file an application with which to want to perform search and examination of the claimed solution. With the application, the applicant must pay a fee for search and examination, as well as for the publication of the application. Upon application and payment of fees for search and examination, the application is published 18 months and subsequently exploring and subjected to examination for the presence of novelty, inventive step and industrial applicability. If the applicant fails to submit an application and examination fees or salaries, he can apply for transformation of the patent application into an application for utility model registration. This application must be filed not later than the expiry of 15 months from the date of filing or the priority date her. If no such request is filed, the application shall be considered withdrawn.

An application 

On its own initiative, the applicant may request changes to its publication by paying fees. The changes do not go from the initial filing. 

Transformation

Until the deadline for payment of fees for publication, patent or the deadline for filing an appeal before the Opposition Division, the applicant may apply for transformation of the patent application into an application for utility model registration. 

Utility model. National application for registration.

Right belongs to the inventor or his successor. Any applicant who has a permanent address or headquarters in the Republic of Bulgaria may file an application for utility model registration with the Patent Office in person or through a local industrial property. An applicant who has no permanent address or headquarters in the Republic of Bulgaria is obliged to submit an application for utility model registration with the Patent Office through a local industrial property. The date of filing shall be the date of receipt by the Patent Office of the following documents:

 - An application for registration containing the name and address of the applicant, name and address of the inventor, the name and address of the industrial property (if any), number, date and country of the priority document (if priority is claimed); description of the utility model; drawings (where necessary); abstract

 The application is also necessary to implement a document for paid application fee and verification; power of attorney, where the application is filed through an industrial property; declaration of priority and a priority certificate and pay a fee for priority (if priority is claimed); declaration of actual inventors; declaration data for the patent application when the application is filed in accordance with Art. 75 b of ZPRPM.

Documents submitted to the Bulgarian language. Where the description, claims, drawings and abstract are presented in another language, to preserve the filing date is necessary in the same three-month period to be presented to the Bulgarian ezik.Poleznite models are not subject to examination for the presence of novelty and inventive step and only assessed whether there is manifestly contrary to Art. 10 ZPRPM.

Utility models are tested with the formal requirements and, if they are satisfied, begin the registration procedure. Performed publication of registered utility modeli.Prouchvane and expertise utility model can be performed at the request of the applicant / holder or a third party during the term of the utility model registration. 

Postponement of Registration

 There is an opportunity for the applicant to submit an application within three months of filing the application for postponement of a utility model registration for a period of 15 months from the date of filing the application or the priority date.

Parallel Applications

The applicant may file an application for registration of a utility model for the same invention, which has filed a patent application by referring to the date of filing or the priority date. This can be done until two months from the date of receipt of the decision on the patent application or the decision under Art. 58, para. 3 pt. 2 and par. 4, but not later than 10 years from the filing date of the patent application.

International protection of inventions EUROPEAN PATENT

European Patent Convention (EPC) was signed in 1973 in Munich, Germany, and is effective as of October 7, 1977 Currently the countries - members of the EPC are 34. Bulgaria is a member of the EPC by 1 July 2002 g.Evropeyskiyat patent shall be granted by the European Patent Office (EPO), which is the executive body of the European Patent Organisation (EPO) established as an intergovernmental body in 1977 under the EPC.

Grant of the European patent may be requested for one or more of the Parties as a request can be filed directly with the European Patent Office in Munich or its subsidiaries in The Hague or Berlin, as well as national offices of the countries - members of the EPC, of one of the three working languages - English, German or French. Issued by the European Patent Office patent has the legal force of a national patent in the designated Contracting States, having met the requirements for its validation - translation in the official language and paying the required fees. (For more information). 

INTERNATIONAL ORDERS IN THE PATENT COOPERATION TREATY (PCT)

Patent Cooperation Treaty (PCT) in force since 1978 and at 01 July 2008 in its membership 139 countries. Bulgaria is a member of the PCT from May 21, 1984 

PCT makes it possible to seek protection for an invention in each of the countries - members of the PCT by filing a single "international" application. Among the main advantages for applicants when filing an international application under the PCT are the single procedure that allows to extend by 18 months the deadline for assessing and deciding on the protection of invention in the selected countries, moreover, based on information from the international report The survey, selection patent attorney in the Contracting Parties, and to prepare the necessary translations and paying national fees (for more information).

Amendments to the Regulations PCT to 2011

From July 1, 2011 shall come into force new amendments to the Regulations to the Patent Cooperation Treaty, which was adopted at the 41 th Session (24th Extraordinary) of the Assembly of the International Union of PCT (PCT - Union) on September 29, 2010 ., which was held in Geneva from 20 to 29 September 2010

Changes imposed by earlier amendments to the Rules and are summarized in the following topics and sets of rules associated with them: 1. Corrections of obvious errors authorized by the International Preliminary Examining Authority under Rule 91. (b) (iii). Adopted amendments concerning rules 48.2 and 70.16. The amendments concern the clarification and elaboration of texts in the relevant rules in publishing corrections of obvious errors, and in providing information to those agencies for these amendments.

  1. Changes in accordance with Art. 19 and 34 of the PCT and covering letters and in particular changes to the claims in accordance with Art. 19 and change the description, claims or drawings under Art. 34. The adopted amendments affecting 49.5, 53.9, 55.3, 62.1, 62.2, 70.2 and 70.16, as well as deletion of Rule 66.9.

The amendments are related to an earlier amendment concerning the requirement that applicants submit replacement pages for all claims, and not only those that have changed, and a covering letter to indicate the reason for the change request. The amendments are related to the specification of requirements for providing the translation of the claims and the description and the accompanying letter.

  1. Annexes to the international preliminary examination report and in particular replacement pages, letters and other documents that should be attached to the international preliminary examination report. The proposed amendments concern Rule 70.16.

The amendment is editorial in nature and provisions of Rule 70.16 are shaped so that the texts related to the replacement pages and letters are just one paragraph. Amendments to Rules 12.2, 48.2, 53.9, 62.1, 62.2, 66.9, 70.2 and 92.2 shall apply to applications with international filing date on or after July 1, 2011

Amendments to Rule 49.5 will apply to international applications in respect of which the applicant has committed acts of art. 22 or 39 on or after July 1, 2011 and in respect of which was filed change according to Art. 19 or 34 on or after July 1, 2011 amendments to Rule 70.16 shall apply to international preliminary examination reports completed in accordance with Rule 70.4 on or after 1 July 2011. Regardless of the international filing date of the international application.

The main services that the patent office "IUSAUTHOR" offers in this area are:

- Study of patent purity: these are actions expert examination concerning the official patent registers and databases in order to establish whether the same (or similar) patent is no longer considered lawful possession of another person.

- Completing the application form for registration of a patent or utility model and its deposit in the Bulgarian Patent Office, together with a receipt for paid registration fee.

- Consultations in any disputes arising in phase formal examination and examination on the merits.

- Issue and publication of a patent.

- Legal protection in court where a conflict of interest regarding on patents and utility models.