Guide for Bulgarian Patent Application Process

Bulgaria Profile

Bulgaria, officially the Republic of Bulgaria, is located in southeastern Europe. It is bordered by Romania to the north, Serbia and North Macedonia to the west, Greece and Turkey to the south, and the Black Sea to the east. With a territorial area of 110,994 square kilometers (42,355 sq mi), Bulgaria is the 14th laRead more

Bulgaria Profile

Bulgarian Intellectual Property Legal System

Bulgarian Law on Patents and Utility Models
Bulgarian Law on Trademarks and Geographical Indications
Bulgarian Designs Act
Bulgarian Copyright and Neighboring Rights Act
The Bulgarian Trade Act
The Bulgarian Law on the Protection of New Varieties of Animals and Plants
"Integrated Circuit Layout Design Protection Law"
Bulgarian Competition Protection Act

International Organization/Agreement

Beijing Treaty on Audiovisual Performances
Singapore Treaty on the Law of Trademarks
WIPO Performances and Phonograms Treaty
WIPO Copyright Treaty
The Strasbourg Agreement on the International Patent Classification
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Locarno Agreement Establishing an International Classification for Industrial Designs
Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Hague Agreement Concerning the International Registration of Industrial Designs
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Madrid Agreement on the International Registration of Marks
Patent Cooperation Treaty
Nairobi Treaty for the Protection of the Olympic Emblem
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
"Convention Establishing the World Intellectual Property Organization"
Berne Convention for the Protection of Literary and Artistic Works
Paris Convention for the Protection of Industrial Property

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Filing Language

Bulgarian

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Bulgarian Patent Office

English: Bulgarian Patent Office, abbreviation: BPO

Website: Патентното ведомство на Република България (bpo.bg)

Bulgarian invention patent search: BPO Online - portal.bpo.bg

Document Requirements

Filing Language: Bulgarian

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Bulgarian Translation
Viability Statement of Microorganism and Bulgarian Translation
Power of Attorney
Certified Priority Document and Bulgarian Translation
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Payment Receipt of the filing fee
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Bulgarian Translation
Viability Statement of Microorganism and Bulgarian Translation
Declaration of Ownership/Certification of Employment/Assignment of Priority
Power of Attorney
Assignment for Patent Right Transfer
Payment Receipt of the filing fee

Term of Protection

20 years

Due Date

via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 31 months from earliest priority date.
Validation of European Patent in EPO member states: 3 months from the date of European patent grant

Application Process Flow

BPO conducts formality and substantive examinations for invention patent applications. The BPO will complete the formality examination within 1 month from the filing date, and then the BPO will verify the Certified Priority Document and its related fees. BPO will conduct a preliminary substantive examination and unity examination of the patent application within 3 months after the end of the preliminary examination. A patent application that has paid the search fee and publication fee is published within 18 months from the filing date/priority date, and the opposition period is 3 months from the publication. Search reports, written opinions on patentability and third-party observation will be transferred to the applicant no later than 6 months after the expiration of the 3-month opposition period. Applicant may file the response and amendments to the application after meet the requirements of granted.

Novelty Grace Period

A novelty grace period of 6 months is available if:

Abused by the applicant or the original right holder obviously abused
Exhibited by the applicant or the original right holder at an official or officially recognized exhibition.

Grant Average time

2-5 years

Grant and Annuity

Grant Fee: The applicant shall pay the granted fee within 3 months after receiving the granted notice.
Annuity: Annuity should be paid year by year from the 1st year of the filing date and should be paid before the last day of the month of the filing date at the latest, not exceeding one patent year. Annuity can be paid within a grace period of 6 months. If overdue, a penalty 200% should be paid at the same time.

Restoration of Priority

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

DAS

Conversion

Yes. For an invention with the same subject matter, the applicant may file a patent type conversion request from Invention to Utility Model within 2 months from the date of granted/rejected, but no later than 10 years from the filing date.

实用新型申请流程 Utility Model

Name of Patent Office

Bulgarian Patent and Trademark Office

English: Bulgarian Patent Office, abbreviation: BPO

Website: Патентното ведомство на Република България (bpo.bg)

Bulgarian Utility Model Patent Search: BPO Online - portal.bpo.bg

Document Requirements

Filing Language: Bulgarian

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Power of Attorney
Certified Priority Document and Bulgarian Translation
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Declaration of Ownership/Certification of Employment/Assignment of Priority
Power of Attorney
Assignment for Patent Right Transfer

Term of Protection

The initial protection period is 4 years, which can be extended for two consecutive three years, and the maximum protection period is 10 years.

Due date

via Paris Convention: 12 months from earliest priority date.
via Nationalization of PCT: 31 months from earliest priority date.

Application Process Flow

BPO only conducts formality examination of utility model patent applications. The formality examination usually takes 3 months, and conduct examination on whether the utility model patent application belongs to the object of protection, the unity, etc. If the granted requirements are met, the patent is granted.

Novelty Grace Period

A 12-month novelty grace period is available if:

The applicant authorizes others to use the invention patent.
Manifest misuse by a third party.

Grant and Annuity

Grant Fee: Applicant should pay the grant fee within 1 month from the receipt of the granted notice.
Annuity: Annuity should be paid year by year from the 1st year of the filing date and should be paid before the last day of the month of the filing date at the latest, not exceeding one patent year, and the annual fee can be paid within a grace period of 6 months if it is overdue and paid at the same time 200% late fee.

Grant Average time

3-4 months

Restoration of Priority

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

Conversion

DAS

外观设计申请流程 Design

Name of Patent Office

Bulgarian Patent Office

English: Bulgarian Patent Office, abbreviation: BPO

Website: Патентното ведомство на Република България (bpo.bg)

Bulgarian Design Patent Search: BPO Online - portal.bpo.bg

Document Requirements

Filing Language: Bulgarian

Necessary documents:

Pictures/Photos of Design (6-sided views)
A Brief Description

Attachments (if any):

Power of Attorney
Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Payment Receipt of the Filing Fee

Term of Protection

It is protected for 10 years from the filing, and can be renewed for 3 times, each time for 5 years, with a maximum protection of 25 years.

Due Date

via Paris Convention: 6 months from earliest priority date.
via EU Community Design: 6 months from the earliest priority date.
via Hague Agreement: The Hague Agreement will automatically take effect in Bulgaria after 6 months from the registration of the Hague Agreement.

Application Process Flow

BPO conducts formality examination for design applications.

Novelty Grace Period

A 12-month novelty grace period is available if:

The designer, his legal successor, or a third party arising from the information or activities of the designer or his legal successor.
Third party that harms the interests of the designer.

Grant and Annuity

Grant Fee: Applicant should pay the grant fee within 1 month after receiving the granted notice, and the payment will be doubled if it is overdue.
Annuity: The renewal fee payment period is the corresponding date of the filing date in the year and can be paid within the last year of the current validity period. Payment can still be paid within 6 months from the overdue date, subject to a penalty.

Grant Average time

1 month

Conversion

DAS

Multiple Designs

Yes. Designs in the same classification or belongings to the same set or combination of articles, may contain several designs in one design (The condition does not apply when the product containing or attached to the design is an ornament).

发明专利、实用新型及外观设计进入国家申请流程