Global Patent GO - Bulgaria - Introduction to Bulgarian patent applications

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页之码IP

Bulgarian roses bloom quietly


As early as October 4, 1949, Bulgaria established ambassadorial-level diplomatic relations with China, becoming the second country in the world to establish diplomatic relations with the People's Republic of China. After hundreds of years of wars of independence and aggression and counter-aggression, Bulgaria joined NATO in 2004 and the European Union in 2007.

Bulgaria has signed up to actively participate in the China International Import Expo many times. More and more Bulgarian agricultural products, rose products, and tourism products have appeared in China. Even in 2019, the Deputy Prime Minister of Bulgaria personally stood for the exhibition of his country. Bilateral trade between China and Bulgaria has increased from US$70 million in 1997 to US$2.72 billion in 2019. China has become Bulgaria’s seventh largest trading partner. More machinery, equipment and parts, motors, and electrical equipment are exported from China to Bulgaria. Currently, Chinese companies have invested in more than 20 companies or representative offices in Bulgaria, involving agriculture, energy, automobiles, communications, finance, cloud platforms, image visual segmentation technology and many other industries. Huawei's "Bulgaria Cloud" platform has won the approval of many Bulgarian government departments and favored by enterprises; MM Solution, acquired by China Science and Technology Thunder, is a leader in the field of advanced intelligent vision technology; GCL Intelligence has invested in and developed wind power projects in Bulgaria; Jiangsu Changlong Bus has invested in the construction and production of pure electric buses in Bulgaria.

China has increased its investment and development in Bulgaria, of course, because it is backed by a large market like the EU, with low land use and labor costs, preferential taxation, and abundant IT technical talents. The Smart Committee established by Bulgaria in 2015, with the Prime Minister personally serving as the director, as a government side, has obvious advantages in promoting scientific and technological innovation. In recent years, Bulgaria has increased investment in research and development, created cooperation funds between enterprises and scientific research institutions, etc., and will lead the way. Bulgaria is going further and further on the path of establishing a scientific and technological innovation system and economic development.


Introduction to the Bulgarian Patent System

1. Language for submitting patent application in Bulgaria

  • Bulgarian. If submitted in other languages, a Bulgarian translation must be provided within 3 months from the date of application/entry. This period cannot be extended.

2. Types of patent protection in Bulgaria:

  • Inventions, utility models, designs

3. Ways for Chinese applicants to apply for patents in Bulgaria:

  • Paris Convention, PCT route into Bulgaria’s national phase, entry into force in Europe, direct application

4. Submission deadline:

  • Invention/utility model: 12 months
  • PCT application enters Bulgarian national phase: 31 months
  • Bulgaria accepts restoration of priority on the grounds of “unintentional/due care”. According to the new revised Bulgarian patent law, the period for restoring expired patents due to unexpected circumstances is shortened from 3 months to 1 month after the obstacles are removed.

5. Review unit:

  • Bulgarian Intellectual Property Office, Patent Office of the Republic of Bulgaria, referred to as BPO.

6. Review process

  • Invention patent: There is a 3-month opposition period after the Bulgarian patent application enters the public status. Anyone can submit third-party public opinions during the opposition period; according to the newly revised Bulgarian Patent Law, the patent application needs to submit the substance at the same time as the new application is submitted. Examine the request and pay the actual examination fee and publication fee; the actual examination will last from 6 months to 1 year; the international phase search report or preliminary examination report will not be binding on the Bulgarian examiner, and the examiner will still issue an examination based on his own search Opinion;
  • Utility model: Bulgarian utility model patent applications only pass formal examination, and it takes 12-18 months to complete registration. The same type of inventions protected by ordinary patents can be protected as utility models, except in the field of biotechnology;
  • Appearance design: Only formal review is conducted; specific shapes, lines, contours, decorations, colors or combinations of the above features that affect the appearance of the product can be registered as an overall or partial design.

7. Authorization and annual fees

  • The authorization fee in Bulgaria needs to be paid within 3 months after receiving the authorization notice. The annual fee should be paid before the last day of the month in which the application is filed each year, and cannot be paid 12 months in advance. There is a 6 month late payment period.

Features of Bulgarian patents


1. The new Patent and Utility Model Registration Law Amendment Act came into effect on October 27, 2020. New rules were introduced in the amendment, which is of great significance to foreign practitioners;

2. In 2022, the Bulgarian Patent Office launched 42 new electronic services and upgraded 90 existing electronic services, adding Supplementary Protection Certificate SPC electronic services, as well as new plant varieties and animal varieties;

3． The Bulgarian Patent Office is currently the only institution in the world that has integrated into its work tools for harmonizing the outcome of opposition and dispute decision-making in the field of industrial property. The European Unified Court that will be launched on April 1, 2023 will have Bulgarian judge Tatyana Gilova as a judge of the Central Chamber of the Paris Court of First Instance.


Friendliness towards Chinese applicants:

★★★

The value of patent rights:

★★

Completeness of rights protection mechanism:

★★