Patents Laws in Bulgaria

Bulgaria's patent system is governed by the Law on Patents and Utility Model Registration, which aligns with European Union standards and international treaties. The Bulgarian Patent Office (BPO) administers patent applications and grants.

🧾 Key Features of Bulgarian Patent Law

1. Patentability Criteria

To be patentable in Bulgaria, an invention must:

Be novel: Not previously disclosed anywhere in the world.

Involve an inventive step: Not obvious to someone skilled in the relevant field.

Be industrially applicable: Capable of being used in any kind of industry.

Certain subject matters, such as methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods, are excluded from patentability.

2. Patent Term and Maintenance

A Bulgarian patent is valid for 20 years from the filing date, provided that annual maintenance fees are paid. For pharmaceutical and plant protection products, the term can be extended by up to 5 years through a Supplementary Protection Certificate (SPC) .

3. Application Process

Filing: Applications must be submitted in Bulgarian. If filed in another language, a Bulgarian translation must be provided within three months.

Priority Claim: Applicants can claim priority from an earlier application within 12 months.

Examination: A substantive examination is conducted to assess patentability.

Duration: The process from filing to grant typically takes 2–5 years .

4. Utility Models

Bulgaria offers protection for utility models, suitable for technical solutions with lower inventive steps.

Term: Valid for 4 years, renewable twice for 3 years each, up to a maximum of 10 years.

Exclusions: Methods, chemical compounds, and uses are not protectable as utility models.

Examination: Subject to formal examination only, making the process faster, typically 2–6 months .

5. International Treaties

Bulgaria is a member of several international agreements, including:

Patent Cooperation Treaty (PCT): Allows for international patent applications.

Paris Convention: Provides a right of priority for patent applications.

European Patent Convention (EPC): European patents can be validated in Bulgaria.

Under the PCT, applicants must enter the national phase in Bulgaria within 30 months from the priority date. A Bulgarian translation of the application must be submitted within three months of entry .

6. Representation

Applicants not residing in Bulgaria, another EU member state, the European Economic Area, or Switzerland must appoint a local patent attorney or industrial property representative to act before the BPO .

Grace Period: Disclosure of the invention due to an official exhibition or evident misuse within 6 months prior to filing does not affect novelty, provided it's declared upon application and evidence is submitted within three months .

Maintenance Fees: Annual fees are due each year from the filing date. Late payment is possible within a 6-month grace period, subject to a surcharge 

Patent Lapse and Reinstatement: If a patent lapses due to non-payment, it can be reinstated within 6 months after paying the renewal fee 

Patent Litigation: Infringement disputes are handled by civil courts, while invalidity proceedings are administrative. Ongoing invalidity proceedings can stay infringement cases .

For more detailed information or to initiate a patent application in Bulgaria, you can visit the

 

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