Guide for Bulgarian Patent Application Process

Patent Trademark

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

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 largest country in Europe.

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

Filing Language: Bulgarian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

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

 

Attachments (if any)

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

20 years

  • 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

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. 

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.

2-5 years

  • 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.

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

No

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.

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

Filing Language: Bulgarian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

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

 

Attachments (if any)

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

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

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

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.

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 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.

3-4 months

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

No

No

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

Filing Language: Bulgarian

Necessary documents:

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

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Payment Receipt of the Filing Fee

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.

  • 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.

BPO conducts formality examination for design applications.

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 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.

1 month

No

No

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).

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