ACT ON PATENTS AND REGISTRATION OF UTILITY MODELS
(TITLE AMEND. - SG 64/06, IN FORCE FROM 09.11.2006)
Prom. SG. 27/2 Apr 1993, suppl. SG. 83/1 Oct 1996, amend. SG. 11/29
Jan 1998, amend. SG. 81/14 Sep 1999, amend. SG. 45/30 Apr 2002, amend. SG.
66/9 Jul 2002, suppl. SG. 17/21 Feb 2003, amend. SG. 30/11 Apr 2006, amend.
SG. 64/8 Aug 2006, amend. SG. 31/13 Apr 2007, amend. SG. 59/20 Jul 2007,
amend. SG. 36/4 Apr 2008, amend. SG. 19/9 Mar 2010, amend. SG. 38/18 May
2012, amend. SG. 58/18 Jul 2017, amend. and suppl. SG. 98/13 Dec 2019
Chapter one.
GENERAL PROVISIONS
Subject Matter
Art. 1. (1) (amend. - SG 64/06, in force from 09.11.2006) This Act shall govern the
relationships arising in the creation, protection and use of the patentable inventions and of the
utility models.
(2) The provisions of this Act shall also apply to foreign nationals and legal persons
from states parties to treaties to which the Republic of Bulgaria is a party. This Act shall apply
to foreign nationals and legal persons from other states on the principle of reciprocity as judged
by the Patent Office. Whenever a bilateral treaty is in force, the provisions thereof shall apply.
(3) (new, SG 17/03) This Act shall not settle relations requiring, on creation and using
inventions or utility models, related to the implementation of specific activities or the bodies of
the Ministry of Interior.
Inventor (title amend. SG 66/02)
Art. 2. (1) (revoked SG 66/02).
(2) (amend. SG 66/02) The person, who has created an invention or utility model, shall
be its inventor. When the invention or the utility model has been made by several persons, these
shall be considered co-inventors.
(3) (revoked – SG 66/02).
(4) (revoked – SG 66/02).
Right of the inventor to be pointed out (new – SG 66/02)
Art. 2a. (amend. - SG 64/06, in force from 09.11.2006) (1) The inventor of an invention
or of utility model shall have right to be pointed out in the application, in the granted patent for
invention or in the certificate of registration of a utility model as well as in publications about
the invention or the utility model. This right shall be personal and not transferable.
(2) The Patent Office shall officially control the pointing out of the inventor,
respectively the co-inventors, in the application, in the granted patent or in the certificate of the
utility model.
Representation
Art. 3. (1) (amend. - SG 64/06, in force from 09.11.2006, amend. - SG 98/19) The
applicant, the holder of rights under this Act, referred further as "the holder", and any person
who under this Act may undertake actions before the Patent Office, may do so in person or
through a industrial property rights representative. The Council of Ministers shall issue a
regulation on the procedure for admitting such representatives and the requirements which they
must meet.
(2) (amend. SG 66/02) Applicants, who do not have residence or headquarters in the
Republic of Bulgaria shall act before the Patent Office through an industrial property
representative under the preceding paragraph.
(3) Representation in court actions arising from this Act shall be carried out under the
procedures of the Code of Civil Procedure.
Transfer of Rights
Art. 4. All rights governed by this Act, inasmuch as no other provisions are contained
herein, shall be transferable.
Fees
Art. 5. (suppl. SG 66/02) (1) (amend. - SG 64/06, in force from 09.11.2006) Fees
according to a tariff adopted by the Council of Ministers shall be payable for all laws related to
filing an application for a patent or a supplementary protection certificate, proceedings at the
Patent Office, the publication of the applications, the issue of the publications of the protection
documents and the maintenance of their effect, as well as for entries in the State register of the
patents and the State register of the supplementary protection certificates. The fees application,
expertise and appealing of the decisions of the expertise department shall be paid in reduced
amount according to the tariff, if the applicants are the inventors, micro – and medium size
enterprises under the Small and Medium-Sized Enterprises Act, state or municipal schools, state
universities or academic research and development organisations at budget maintenance.
(2) The fees according to the preceding paragraph shall be paid to the amount of 50
per cent of the total amount due for patent applications filed with a declaration for licensing
readiness.
(3) (new - SG 64/06, in force from 09.11.2006) For all actions related to filing an
application for registration of a utility model, the proceedings before the Patent Office, the
registration, the granting of a certificate for registration, the publications and the extension of
the term of effect of the registration, as well as for entries in the State register of the utility
models fees shall be paid according to the tariff referred to in Para 1.
(4) (new – SG 66/02; prev. text of para 03, amend. - SG 64/06, in force from
09.11.2006) When the fees of the previous paras are not paid in full extent, it shall be
considered, that the payment has not been made. The Patent Office can concede to the applicant,
respectively the holder, an opportunity to pay the remainder of the due fee only in the cases,
when the payment can take place within the term, determined in the law. After the expiry of the
term for payment the paid sum shall be restored upon request by the payer.
State Registers
Art. 5a. (new - SG 64/06, in force from 09.11.2006) (1) The Patent Office shall
maintain a State register of the patents, a State register of the utility models and a State register
of the supplementary protection certificates.
(2) Into the registers referred to in Para 1 shall be entered respectively all applications
for granting legal protection under this Act and the order of their maintenance shall be
determined by an instruction of the President of the Patent Office.
(3) The State registers shall be public. The Patent Office shall provide excerpts from
them upon application and payment of a fee according to the tariff referred to in Art. 5, Para 1.
File
Art. 5b. (new - SG 98/19) (1) The Patent Office keeps, for each invention, a utility
model and a certificate for supplementary protection a file on paper and electronically which
includes all documentation for the issuance of the protection document and subsequent entries.
In the cases of Art. 67, Art. 72a, Art. 72b, para. 2 and Art. 72c the file shall include all
documentation regarding the actions provided for in this Act.
(2) The right of access to the file of the invention, the utility model and the
supplementary protection certificate have the applicant, the holder, the industrial property
representative, legal adviser from the administration of the applicant or holder, as well as a
lawyer authorized in writing by the applicant or holder. Access to the file is also available to a
person who is expressly authorized by a notarized power of attorney from the applicant or
holder.
(3) Right of access to the administrative file in proceedings in disputes have the parties
involved therein, industrial property representatives, legal adviser from the administration of
the applicant, the holder or the claimant, the lawyer authorized in writing by the applicant, the
holder or the claimant, as well as a person expressly authorized by a notarized power of attorney
from them.
(4) Everyone has the right to information about the data contained in the file of the
invention, the utility model and the supplementary protection certificate, which are subject to
entering.
(5) After the publication referred to in Art. 51 any person shall have the right to be
granted access to the application for granted patent as it was filed.
(6) After the publication under Art. 77, para. 1, each person has the right to access the
application for registration of the utility model, as submitted, and to the report under Art. 75f,
para. 3.
(7) Third parties, in respect of whom circumstances admissible by law have been
entered, have the right of access only to the documentation on the basis of which the entry was
made.
(8) The right of access to a file includes the right of persons authorized under this Act
to familiarize themselves with and to obtain copies of all material and documents entered in the
relevant file with the exception of internal documents within the meaning of § 1, item 1 of the
additional provisions of the Trademarks and Geographical Indications Act.
(9) The procedure for granting access to files and for obtaining references or extracts
from registers shall be determined by an instruction of the President of the Patent Office.
Chapter two.
PATENTABILITY OF INVENTIONS
Patentable Inventions
Art. 6. (amend. SG 66/02) (1) (amend. - SG 64/06, in force from 09.11.2006)
Patentable shall be the inventions in all technical fields, which are new, which involve an
inventive step and which are susceptible to industrial application.
(2) As inventions shall not be regarded:
1. discoveries, scientific theories and mathematical methods;
2. products of artistic endeavour;
3. schemes, rules and methods for intellectual activity, for playing games or doing
business and computer software;
4. presentation of information.
(3) Para 2 shall apply to the above objects to the extent that legal protection is sought
for them as such.
(4) (new - SG 64/06, in force from 09.11.2006) The human body, at the various stages
of its formation and development, as well as the simple discovery of one of its elements,
including the sequence or the partial sequence of a gene, may not constitute a patentable
invention. Any element isolated from the human body or otherwise produced by means of a
technical process, including the sequence or the partial sequence of a gene, may constitute a
patentable invention, even if the structure of this element is identical to that of a natural element.
Exceptions to Patentability
Art. 7. (amend. - SG 64/06, in force from 09.11.2006) (1) Patents shall not be granted
in respect of:
1. (amend. SG 66/02) inventions, which commercial use would violate "order public"
or morality, including those related to:
a) methods of cloning human beings;
b) methods for modifying the germ line genetic identity of human beings;
c) uses of human embryos for industrial or commercial purposes;
d) methods for modifying the genetic identity of animals which are likely to cause
them suffering without any substantial medical benefit to man or animal, and also animals
resulting from such methods;
2. methods for treatment of people or animals through therapy or in surgical way, as
well as methods for diagnostic, applied for people or animals, this not referring to products, in
particular to substances or compounds, used in this methods;
3. plant and animal varieties;
4. essentially biological processes for production of plants and animals.
(2) The violation referred to in Para 1, Item 1 shall not be deemed so merely because
the use of the invention is prohibited by law.
Patentability of the Biotechnological Inventions
Art. 7a. (new - SG 64/06, in force from 09.11.2006) (1) Patentable shall be the
inventions related to a product consisting of or containing biological material or to a method by
which biological material is produced, processed or used on the condition that they comply with
the requirements referred to in Art. 6, Para 1.
(2) Biological material which is isolated from its natural environment or produced by
means of a technical process may be the subject of an invention even if it previously occurred
in nature.
(3) Inventions related to plants or animals shall be patentable if the technical realization
of the invention is not restricted simply to a certain plant or animal variety.
(4) The prohibition referred to in Art. 7, Para 1, Item 4 shall not cover the patentability
of inventions related to microbiological or other technical method or product, produced from
such method, if they comply with the requirements referred to in Art. 6, Para 1.
Novelty
Art. 8. (1) An invention shall be considered to be new if it does not form part of the
state of the art.
(2) The state of the art shall be held to comprise everything made available to the public
by means of a written or oral description, by use or by disclosure in any other way anywhere in
the world before the date of filing or, respectively, the priority date of the patent application.
(3) (amend. SG 66/02) The state of the art shall also include the contents of the national
applications for patent, the European and the international applications for patent, for which the
Republic of Bulgaria has been pointed out as party and which have sate of submitting,
respectively priority date, earlier than the date of para 2, if later they are published in the official
bulletin of the Patent Office.
(4) (new - SG 64/06, in force from 09.11.2006) The state of the art shall include also
the contents of the national applications for registration of utility models with a date of filing,
respectively priority date, earlier than the date referred to in Para 2, if in consequence a
publication of their registration is made.
(5) (new – SG 66/02; prev. text of para 04, amend. - SG 64/06, in force from
09.11.2006) Substances or compounds, included in the state of the art of para 2 and 3, which
are used in the methods of art. 7, Para 1, Item 2, shall be considered new, if their use is not
included in the state of the art.
Inventive Step (title amend. SG 66/02)
Art. 9. (amend. SG 66/02) An invention shall be considered as involving an inventive
step if, having regard to the state of the art as referred to in Art. 8, para 2, it is not obvious to a
person skilled in the art as of the date of filing or, respectively, the priority date.
Industrial Application
Art. 10. An invention shall be considered susceptible to industrial application if it can
be made or repeatedly used in any industry, including agriculture.
Non-Prejudicial Disclosures
Art. 11. (1) The disclosure of the invention shall not influence the novelty, when this
disclosure is made in six months term before the date of submitting of the application for the
invention, respectively before the priority date, and it is consequence of:
1. obvious misuse with regard to the applicant or the previous owner of the right to
application;
2. exhibiting of the invention at an official or officially recognised exhibition by the
applicant or the previous owner of the right to application.
(2) The disclosure of para 1, item 2 shall not influence the novelty, if the applicant
declares the exhibiting of the invention at submitting the application and in three months after
the date of submitting the application presents proofs for this.
Chapter three.
PATENT
Legal Protection
Art. 12. (1) (amend. - SG 64/06, in force from 09.11.2006) The legal protection of the
patentable invention shall be granted with a patent.
(2) (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) The patent shall
certify the exclusive right of the holder of the patent on the invention.
(3) (new – SG 66/02) The patent shall have effect for third persons from the publication
about its issuing in the official bulletin of the Patent Office.
Entitlement to File an Application
Art. 13. (1) The right to file an application shall belong to the inventor or his legal
successor. Whenever such a right belongs to several persons it shall be exercised by them
jointly. Refusal by one or more of these persons to participate in the filing of an application or
in the proceeding for granting a patent shall not prevent the others from performing laws
pursuant to this Act.
(2) The applicant shall be deemed to be entitled to file an application until a court
decides otherwise.
(3) The right to patent an invention created under the terms described in Art. 15 shall
belong to the employer if he files an application within three months of receiving the
notification of the invention from the inventor. If he fails to do so the right to apply for a patent
shall be transferred to the inventor. The right to apply for a patent may belong jointly to the
employer and the inventor if such an agreement has been made in a contract.
(4) Whenever an invention has been made pursuant to a contract, the right to apply for
a patent shall belong to the client unless the contract provides otherwise.
(5) (revoked – SG 64/06, in force from 09.11.2006)
Right to a Patent
Art. 14. (1) The right to a patent shall belong to the person who shall have the right to
apply under Art. 13.
(2) In the event that several persons have applied for a patent for one and the same
invention at different times, the right to a patent shall belong to the person who has filed the
earliest application.
(3) (new – SG 66/02) If several persons have submitted independently from one
another application for patent for one and the same invention, with one and the same date of
submitting, respectively one and the same priority, right to patent shall have each one of them.
Official Invention
Art. 15. (1) An invention shall be official if it is made while fulfilling one's official
obligations stemming from a labour or other contract of the inventor, except where the contract
provides otherwise.
(2) An invention shall be considered official under the preceding paragraph when:
1. the inventor was fulfilling the official obligations intrinsic to his position;
2. the inventor was fulfilling obligations outside those named in item 1, but such
obligations were specifically assigned to him with the expectation of their resulting in an
invention;
3. the inventor has used material or financial means provided by the employer or client,
or knowledge and experience attained as a result of his work.
(3) Where an invention is official only in respect to one or more of the inventors or,
respectively, contracts the provisions of the preceding paragraphs and of Art. 13 shall apply
only in respect to those inventors and their employers and clients.
(4) The inventor or, respectively, contractor within the meaning of this Art., shall
notify his employer or client in writing of the invention within three months of making it.
(5) (amend. SG 66/02) An inventor who has made an official invention shall be entitled
to right to be pointed out and the right to a fair remuneration if such was not provided for in the
contract. In establishing the amount of the remuneration, the following shall be taken into
consideration:
1. the profit obtained from all uses of the invention during the term of the patent;
2. value of the invention;
3. the contribution of the employer as expressed in invested funds for making the
invention, the provision of equipment, materials, knowledge, expertise, staff and other
assistance. Remuneration shall be due from the employer, or, when he is not the proprietor of
the patent, jointly from him and the proprietor of the patent.
(6) Whenever the remuneration under the preceding paragraph, regardless of whether
agreed upon in a contract or determined under the preceding rules, is unfair in view of the profit
actually obtained and the value of the invention, it may be increased upon the request of the
inventor.
(7) The employer, the client, the inventor and the contractor shall refrain from any
actions that may be detrimental to the rights conferred by this Art. or Art. 13.
Term of the Patent
Art. 16. The term of the patent shall be twenty years as from the date of filing of the
application.
Extent of Legal Protection
Art. 17. (1) The extent of the legal protection shall be determined by the claims. The
description and drawings shall be used to interpret the claims.
(2) The claims shall cover not only features as expressed but also their equivalents. A
feature shall be considered equivalent to a feature as expressed in the claims, when:
1. it has essentially one and the same function and attains essentially the same result;
2. it is obvious for a person skilled in the art that as of the priority date the result
attained by the feature described in the claims may be achieved by the equivalent feature.
(3) In determining the extent of the legal protection due consideration shall be given
to limitations of claims made by the applicant or proprietor of the patent in the process of the
investigation for granting the patent, or in response to actions brought for its nullification.
(4) The interpretation of claims shall not be limited by the examples of actual
implementation included in the description.
(5) The abstract shall not be taken into consideration in determining the extent of the
legal protection provided by the patent.
Provisional Protection
Art. 18. (1) (amend. SG 66/02) Provisional protection whose extent shall be
determined by the claims as formulated in the application shall be provided during the period
from the publication of the application to the publication about granting of the patent.
(2) (amend. SG 66/02) The protection of para 1 shall be conceded with retroactive
effect from the publication about issuing of the patent, as far as the patent does not broaden it.
(3) The applicant shall be entitled to fair compensation from any person who has
undertaken any of the laws mentioned in Art. 19, para 3 without his permission during the
period of provisional protection, but only if a patent has been granted for the invention.
Content of the Exclusive Right over the Invention
Art. 19. (1) The exclusive right over the invention includes the right to use the
invention, the prohibition for third parties to use the invention without the consent of the
proprietor of the patent and the right to dispose with the patent.
(2) (amend. - SG 64/06, in force from 09.11.2006) Where a patent is co-ownership of
more than one person and unless otherwise agreed between them, each of the co-owners may
use the invention in full, but the consent of all proprietors of the patent shall be required for
exercising the rest of the rights under This Act. Inasmuch as no other provision has been made
in This Act regarding the co-ownership in a patent, the provisions on co-ownership contained
in the Ownership Act shall be applicable.
(3) (suppl. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) The right to use a
patent shall include the production, offering for sale, trade with the object of the invention,
including import, utilisation of the object of the invention, as well as the application of the
patented method.
(4) Where the object of the patent is a product (Art., device, machine, equipment,
substance, etc.) the proprietor of the patent shall have the right to prohibit third parties to
undertake the following laws:
1. manufacturing the product;
2. (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) offering for
selling, trade with the product, including import, using the product or preservation of the
product in a store for offering, sale or use.
(5) Where the object of the patent is a method, the proprietor of the patent shall be free
to prohibit third parties to undertake the following laws:
1. applying the method;
2. all laws mentioned in para 4, item 2 regarding the product which has been produced
as a direct result of the use of the method.
(6) (new - SG 64/06, in force from 09.11.2006) The protection conferred by a patent
on a biological material possessing specific characteristics as a result of the invention shall
extend to any biological material derived from that biological material through propagation or
multiplication in an identical or divergent form and possessing those same characteristics.
(7) (new - SG 64/06, in force from 09.11.2006) The protection conferred by a patent
on a method that enables a biological material to be produced possessing specific characteristics
as a result of the invention shall extend to biological material directly obtained through that
method and to any other biological material derived from the directly obtained biological
material through propagation or multiplication in an identical or divergent form and possessing
those same characteristics.
(8) (new - SG 64/06, in force from 09.11.2006) The protection conferred by a patent
on a product containing or consisting of genetic information shall extend to all material, save
as provided in Art. 6, Para 4, first sentence, in which the product in incorporated and in which
the genetic information is contained and performs its function.
Limitations on the Effect of the Patent
Art. 20. The effect of the patent shall not cover:
1. the use of the patented invention for non-commercial purposes with a view to
satisfying personal needs, as long as this does not result in significant financial losses for the
patent holder;
2. use of the invention for experimental and research purposes related to the object of
the patented invention;
3. single and direct preparation of a medicine at a pharmacy upon prescription;
4. (revoked – SG 66/02);
5. (revoked – SG 66/02);
6. use of the patented invention in foreign land, maritime and air vehicles which cross
the country's land, sea or air borders temporarily or accidentally, provided that the patented
invention is used exclusively for the needs of the said vehicles;
7. (new - SG 64/06, in force from 09.11.2006; revoked – SG 31/07, in force from
13.04.2007)
Exhaustion of rights (new – SG 66/02)
Art. 20a. (new – SG 66/02; amend. - SG 64/06, in force from 09.11.2006) (1) (In force
from the date of accession of the Republic of Bulgaria to the European Union) The exclusive
right over the invention, conceded with patent, shall not cover activities with the product,
protected with the patent, which has been released on the market on the territory of the European
Economic Area by the patent holder or with his consent.
(2) The protection referred to in Art. 19, Para 6, 7 and 8 shall not extend to biological
material obtained from the propagation or multiplication of biological material placed on the
market by the holder of the patent or with his consent, where the multiplication or propagation
necessarily results from the application for which the biological material was marketed,
provided that the material obtained is not subsequently used for other propagation or
multiplication.
(3) The protection referred to in Art. 19, Para 6, 7 and 8 shall not extent to the sale or
other form of commercialisation of plant propagating material to a farmer by the holder of the
patent or with his consent for agricultural use. The sale or other form of commercialisation
implies authorisation for the farmer to use the product of his harvest for propagation or
multiplication by him on his own farm.
(4) (amend. – SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The order of
application of Para 3 shall be determined by an ordinance by the Minister of Agriculture, Foods
and Forestry.
(5) The protection referred to in Art. 19, Para 6, 7 and 8 shall not extent to the sale or
any other form of commercialisation of breeding stock or other animal reproductive material to
a farmer by the holder of the patent or with his consent, which sale implies authorisation for the
farmer to use the livestock or other animal reproductive material for the purposes of pursuing
his agricultural activity but not sale within the framework or for the purpose of a commercial
reproduction activity.
(6) (amend. – SG 36/08, amend. – SG 58/17, in force from 18.07.2017) The order of
application of Para 5 shall be determined by an ordinance by the Minister of Agriculture, Foods
and Forestry.
Right to Previous Use
Art. 21. A person who has used in good faith an invention or has made the necessary
preparations for its use prior to the date of filing of the patent application may continue to use
the invention after the said date within the same volume.
Right to Subsequent Use
Art. 22. A person who has used a patented invention or has made the necessary
preparations for its use after the end of the patent's term may continue to use the invention after
the said date within the same volume after the renewal of the patent's term as provided for in
Art. 26, para 2.
Transfer of Rights to Previous Use and Subsequent Use
Art. 23. The rights to previous use and subsequent use may be transferred only with
the enterprise, or a part thereof, in which they have arisen and may be exercised without
broadening the volume of the use outside that enterprise.
Classified Patents
Art. 24. (Amend., SG 45/02; amend. - SG 64/06, in force from 09.11.2006) (1) Secret
patents shall be issued for secret inventions applied for by Bulgarian nationals with permanent
address in the Republic of Bulgaria or legal persons with their seat in the Republic of Bulgaria.
(2) Secret inventions shall be inventions containing classified information representing
state secret in the context of art. 25 of the Protection of Classified Information Act.
(3) The competent bodies for determining the level of classification of the security of
information and for removal of the level of classification of the secret patents shall be the
Ministry of Interior and the Ministry of Defence.
(4) Applications for secret patents shall be submitted to the Patent Office, where as a
date of submission shall be considered the date of receiving the documents referred to in Art.
34, Para 2.
(5) For the actions related to the application for a secret patent, to the granting and
maintenance of the secret patent, fees shall not be payable.
(6) A check as referred to in Art. 46, Para 1 shall be performed for each application for
a secret patent. When the requirements are fulfilled, a secret patent shall be granted, on which
the Patent Office shall place the respective secrecy grading.
(7) Appeals against decisions for termination of the procedure on application for a
secret patent, made according to Art. 46, Para 1, as well as requests for pronouncing the
invalidity of a secret patent shall be viewed by the Sofia city court according to the order of the
Administrative Procedure Code behind closed doors. The appeals shall be filed within a term
of three months from receiving the decision and the requests – during the full term of effect of
the secret patent.
(8) The person that shall have the right to use and dispose of a secret patent shall be
determined by a decision of the Council of Ministers.
(9) When the level of classification is removed the competent body shall notify the
Patent Office thereof. The Office shall notify its holder and shall provide a three month term
for payment of the fees referred to in Art. 53 as well as of the fee for maintaining the effect of
the patent as referred to in Art. 33, Para 4. Upon payment of the fees the patent shall be entered
into the register of patents and the publications referred to in Art. 51 shall be made.
(10) The holder of a secret patent may file an application for search and expertise after
removal of the level of classification of the security of information. Document for paid fee for
search and expertise as referred to in Art. 46b, Para 2 shall be attached to the application.
(11) The order for determining the level of classification of the security of information
and for its removal regarding applications and secret patents shall be determined by an
Ordinance on the Secret Patents adopted by the Council of Ministers.
Patenting Abroad
Art. 25. (amend. - SG 64/06, in force from 09.11.2006) (1) Bulgarian nationals with
permanent address in the Republic of Bulgaria or legal persons with their seat in the Republic
of Bulgaria shall have the right to claim for patent abroad their own invention after performance
of the check referred to in Art. 45a.
(2) Secret inventions shall not be patented abroad.
Terminating the Patent
Art. 26. (1) A patent shall be terminated in the event of:
1. expiration of the term for which it was granted;
2. renunciation by the proprietor of the patent, as from the date of receipt of the
proprietor's written notice by the Patent Office. The renunciation of the patent by one of its co-
proprietors shall not terminate the patent which shall remain the property of the remaining
proprietors;
3. (amend. SG 66/02) failure to pay the fees for maintaining the patent in force, as from
the date of expiration of the term under Art. 33, para 3.
(2) (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) A patent which
has ceased to be in force due to failure to pay the annual patent fee may be re-established within
6 months of the expiration of the term under Art. 33, para 3 upon payment of a fee for renewal
of the patent, as well as of double the amount of the due fee.
(3) A patent shall be declared null and void when:
1. the invention is not patentable;
2. the essence of the invention has not been expounded in sufficient clarity and
exhaustiveness;
3. the proprietor of the patent was not entitled to a patent as evidenced by a court ruling
which has come into force;
4. the object of the patent goes beyond the content of the application as it was filed or
when the patent was granted on the grounds of a divided application, when the said object is
beyond the content of the earlier application as it was filed.
(4) A patent shall be granted in the name of the person who is entitled to receive such
a patent at his own request without termination of that patent.
(5) If the grounds for nullity of a patent concern only part of the claims, the
nullification shall be partial. A patent shall remain in force only with respect to the rest of the
claims inasmuch as they can be the object of a patent.
(6) Upon declaration of its nullity a patent shall lose its force as from the date of filing
of the application.
(7) The mala fide proprietor of a patent which has been declared null and void shall be
liable for compensation for suffered damages.
(8) The nullification of a patent shall not affect:
1. decisions on patent infringements which have come into force inasmuch as they
have been implemented;
2. licensing contracts concluded and executed prior to the declaration of the nullity,
unless agreed upon otherwise.
Infringement of Patent Rights
Art. 27. (1) Every use of an invention which is within the extent of the patent protection
and has been made without the consent of the proprietor of the patent shall be considered an
infringement of the patent.
(2) (amend. - SG 64/06, in force from 09.11.2006) Any person who is offering for sale
articles which are the object of a patent and are manufactured by other persons in infringement
of a patent, or trades in, stores for the purpose of using, or uses such articles, shall be liable for
the infringement only if his actions are found to be intentional.
(3) The proprietor of the patent and the licensee of an exclusive license may bring an
action for infringed patent rights, if not agreed upon otherwise. In the event that a patent is the
property of more than one person, every co-owner shall be free to bring an action on his own
accord for infringement of patent rights.
(4) The licensee by operation of Act under Art. 30, or of a compulsory license under
Art. 32, may bring an action for infringement of patent rights if the proprietor of the patent does
not exercise his right to an action within six months of receiving a written invitation to do so
from the licensee.
(5) Every licensee may take part in a suit for patent rights infringement when the action
was brought by the proprietor of the patent. The same shall apply to the proprietor of the patent,
whenever the claim is filed by the licensee under para 3 and 4.
(6) The action for infringed patent rights may be brought by the applicant prior to the
granting of a patent after the application has been published.
Actions for Infringement of Patent Rights
Art. 28. (1) The actions for infringement of patent rights may be in the form of:
1. an action to establish the flaw of the infringement;
2. an action for compensation for damages and loss of profit;
3. an action for a prohibited injunction against the offender of patent rights.
(2) Where the court has passed a judgement under the previous paragraph ordering the
payment of compensation it may order upon request from the plaintiff:
1. the publication in two daily newspapers of the judgement at the expense of the
offender;
2. reprocessing or destruction of the object of the infringement, and where intent is
established, of the means with which the infringement was committed.
Right of Information
Art. 28a. (new - SG 64/06, in force from 09.11.2006) (1) In case of infringement of
patent rights upon request of the claimant the court may order that information on the origin
and distribution networks of the goods or services which infringe the rights be provided by the
defendant and/or any other third person who:
1. was found in possession of these goods on a commercial scale;
2. was indicated by the person referred to in Item 1 as being involved in the production,
manufacture or distribution of these goods.
(2) The information referred to in Para 1 shall comprise the names and addresses of
the producers, distributors, suppliers and other previous holders of the goods, the intended
wholesalers and retailers, as well as information on the quantities produced, manufactured,
delivered, received or ordered, as well as the price of the goods in question.
(3) The information referred to in Para 1 and 2 may be used for the purposes of criminal
procedures.
(4) Para 1 shall not apply when its application is disproportionate to the seriousness of
the infringement.
(5) Any person placing marking on goods or on their packing of such nature to make
the impression that the goods are protected by a patent or are subject of a patent application, or
any person that uses marking of such nature in materials of advertisement or information
character shall be obliged upon request to provide immediately information on the patent or
patent application to any other person having legal interests thereof.
Burden of Proof
Art. 29. Where the rights of the proprietor of a patent pursuant to Art. 19, para 5 have
been infringed the burden of proving that the product was not obtained through the patented
method lies with the patent offender if the product is a new one.
License Readiness (License by Operation of Law)
Art. 30. (1) (suppl. SG 66/01) Upon request from the applicant or the proprietor of the
patent and provided that he has not as yet granted an exclusive license for the invention, it may
be one time offered publicly for use.
(2) The petition of the applicant or the proprietor of the patent must contain a statement
that he permits any person to use the invention under a non-exclusive license in exchange for
the obligation to be paid a fair fee.
(3) The statement provided for in the preceding paragraph shall be published in the
official bulletin of the Patent Office.
(4) The licensee may at any moment renounce the license in writing by informing the
proprietor of the patent.
(5) The placing of the patentable invention under a regime of license readiness (license
by operation of law) leads to a reduction of the annual patent fees by 50 per cent, except those
which have already been paid.
(6) The proprietor of the patent may at any time request in writing the termination of
the license readiness (license by operation of law). The withdrawal of the statement for license
readiness shall be published in the official bulletin of the Patent Office and shall lead to a loss
of the rights provided for in the preceding paragraph.
(7) The withdrawal of the licence readiness shall not have an effect with regard to
already granted or requested licenses.
Contractual License
Art. 31. (1) The applied for or patented invention may be the subject of a license
contract.
(2) An exclusive, non-exclusive or limited license may be granted through a license
contract.
(3) (Amended SG No. 83/1996) The exclusive licence shall be expressly provided for.
The licensor under a contract for an exclusive license may not grant licenses for the same object
to other parties. He shall retain the right to use himself the licensed invention unless otherwise
agreed in the contract.
(4) The licensing contract shall be enforceable against third parties from the date of
registration in the register of the Patent Office.
(5) (Amend., SG 45/02; revoked – SG 64/06, in force from 09.11.2006)
The Patent as Subject to Provision
Art. 31a. (new - SG 64/06, in force from 09.11.2006) (1) The patent may be subject to
provision in relation to a civil action.
(2) The provision shall be entered into the State register of the patents upon application
by any of the parties of the action.
(3) The application shall contain data about the holder of the patent and about the
person in the favour of whom the provision was ordered, data of the patent – number and name,
and the type of the provisional measure. Document for institution of the provision shall be
attached to the application.
(4) The provision shall have effect regarding third persons from the publication of its
entry into the State register of the patents in the Official Gazette of the Patent Office.
The Patent as Subject to a Registered Pledge
Art. 31b. (new - SG 64/06, in force from 09.11.2006) (1) The patent may be subject to
a registered pledge.
(2) For entering a registered pledge into the State register of the patents the provisions
referred to in Art. 26 – 31 of the Registered Pledges Act shall apply. When the patent is subject
of co-ownership the written consent of all co-owners shall be required for the entry of the
registered pledge. A certificate shall be issued to the pledge creditor. Within two months from
the entry a publication in the Official Gazette of the Patent Office shall be made.
(3) The pledge shall have effect regarding third persons from the publication of its
entry into the State register of the patents in the Official Gazette of the Patent Office.
The Patent in the Bankruptcy Proceedings
Art. 31c. (new - SG 64/06, in force from 09.11.2006) (1) The patent shall be included
into the bankruptcy estate upon initiated bankruptcy proceedings against its holder.
(2) When the patent is subject to co-ownership, Para 1 shall apply in accordance with
the part of the co-owner.
(3) When the patent was included into the bankruptcy estate, this fact shall be entered
into the State register of the patents by the order of the court and shall be published in the
Official Gazette of the Patent Office within two months from the entry.
Compulsory License
Art. 32. (1) (amend. - SG 64/06, in force from 09.11.2006) When an interested person
has made unsuccessful attempts to be granted a contractual license by the holder under fair
terms, the person may request from the Patent Office to be granted a compulsory license for the
use of an invention protected with a patent if at least one of the following circumstances is
present:
1. the invention has not been used for 4 years after the filing of the patent application
or for three years after the granting of the patent, whichever is later;
2. within the time periods mentioned in the previous item 1 the invention has not been
used in a sufficient degree for satisfying the national market except where the proprietor of the
patent shows good reasons for that flaw;
(2) The petitioner under the preceding paragraph must prove that he is able to use the
invention within the framework of the requested compulsory license.
(3) (new - SG 64/06, in force from 09.11.2006) Apart from the cases referred to in Para
1, compulsory license may be granted, when the public interest demands that, with no
negotiations conducted with the holder of rights in the patent protected invention.
(4) (prev. text of para 03, amend. - SG 64/06, in force from 09.11.2006) The
compulsory license may be granted to a holder whose invention is subject of a later patent or is
within the extent of another earlier patent, if the holder of the earlier patent refuses to grant a
license under fair terms, when the invention - subject of the later patent, represents an important
technical progress of substantial economical significance in comparison with the invention –
subject of the earlier patent. The holder of the earlier patent shall have the right of a cross-
license on reasonable terms to use the invention claimed in the later patent.
(5) (prev. text of para 04 - SG 64/06, in force from 09.11.2006) The compulsory license
may be only non-exclusive. It may be transferred only together with the enterprise in which the
invention which is the object of such a license is used.
(6) (prev. text of para 05 - SG 64/06, in force from 09.11.2006) The compulsory license
may be terminated if the licensee, within one year of its granting, has not commenced
preparation for the use of the invention. The compulsory license shall be terminated under all
circumstances if within two years of its granting the licensee has not begun to use the invention.
(7) (new - SG 64/06, in force from 09.11.2006) The extent of the compulsory license
shall be determined by the purpose of its granting.
(8) (prev. text of para 06 - SG 64/06, in force from 09.11.2006) A compulsory license
shall not be granted to patent offenders.
(9) (prev. text of para 07 - SG 64/06, in force from 09.11.2006) Bilateral and
multilateral treaties to which the Republic of Bulgaria is a party may provide other terms for
granting a compulsory license for proprietors of patents from the states parties to such treaties.
(10) (new - SG 64/06, in force from 09.11.2006) The licensee of compulsory license
shall pay the patent holder compensation.
(11) (new - SG 64/06, in force from 09.11.2006) The compulsory license shall be
terminated when the grounds thereof cease to exist.
(12) (new - SG 64/06, in force from 09.11.2006) The order of granting and termination
of compulsory license shall be determined by the ordinance referred to in Art. 55, Para 3.
Compulsory Cross-License
Art. 32a. (new - SG 64/06, in force from 09.11.2006) (1) When a selectionist cannot
acquire or use right in a plant variety without infringement of an earlier patent, he shall be able
to request a compulsory license for non-exclusive use of the invention protected by the patent,
as far as the license is necessary for the use of the plant variety for the purpose of its legal
protection, on the condition that respective compensation is paid. When such license is granted,
the holder of the patent shall be entitled to be granted cross-license for use of the protected
variety on fair terms.
(2) When a holder of a patent for a biotechnological invention cannot use it without
infringing earlier right in a plant variety, he may request a compulsory license for non-exclusive
use of the protected plant variety, on the condition that respective compensation is paid. When
such license is granted, the holder of the protected variety shall be entitled to be granted cross-
license for use of the invention on fair terms.
(3) The person that has requested granting of compulsory license under Para 1 or 2
shall prove that:
1. he has made unsuccessful attempt to be granted a contractual license by the holder
of the patent or the plant variety;
2. the plant variety or the invention represent significant technical progress of
substantial economical interest in comparison with the invention – subject of the patent, or the
protected plant variety.
Fees for Maintaining a Patent
Art. 33. (1) (amend. SG 66/02) For maintaining the effect of the patent annual patent
fees shall be paid, as beginning of each patent year being considered the date of submitting of
the application for patent, and the first patent year shall start on this date.
(2) (amend. SG 66/02) The annual patent fee for each following patent year shall be
paid in advance at latest on the last day of the month in which expires the previous patent year.
The payment cannot be made for more than one patent year.
(3) (amend. SG 66/02) The patent shall retain its effect in case of non observing of the
term of para 2, if up to six months after the expiry of this term the patent owner pays the due
fee in double extent.
(4) (new – SG 66/02; suppl. - SG 64/06, in force from 09.11.2006) The annual patent
fees till the taking of decision for issuing of a patent and the fee for the current patent year shall
be paid simultaneously with the fees for issuing of a patent and for publication about the issuing
of the patent in compliance with and under the conditions of art. 53. When the current patent
year ends in the three month term referred to in Art. 53, the fee for the next patent year shall be
paid as well.
Chapter four.
PATENT OFFICE PROCEDURE
Filing of Patent Applications
Art. 34. (1) (amend. - SG 64/06, in force from 09.11.2006) Patent applications shall be
filed at the Patent Office and shall be entered into the State register of the patents. The form of
the applications and the order or filing and expertise at the Patent Office shall be determined by
an ordinance of the Council of Ministers.
(2) The date on which the Patent Office receives the following documents shall be
considered as the date of filing of the application:
1. request for the granting of a patent containing the name of the invention for which
the patent is requested, as well as identity information about the applicant in Bulgarian;
2. description of the invention describing at least its essence;
3. (revoked – SG 66/02).
Contents of the Application
Art. 35. (1) In addition to the mandatory documents mentioned in Art. 34, para 2 the
patent application shall contain the following:
1. one or more claims;
2. drawings, if needed for explaining the invention;
3. abstract;
4. declaration and priority certificate whenever priority is claimed;
5. (revoked SG 66/02).
(2) (new – SG 66/02; amend. - SG 64/06, in force from 09.11.2006) To the application
shall be attached a document for paid fees for application, for inspection of the formal
requirements, for preliminary expertise for admissibility, for claims and for the claimed
priorities.
(3) (prev. (2), amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) The
application documents shall be filed in Bulgarian, and the description, claims, drawings and the
abstract shall be filed in three copies. Whenever the documents under Para 1, items 1, 2, and 3
and Art. 34, para 2, item 2 have been filed in another language, the date of application shall be
maintained if they are filed in Bulgarian within three months of that date. This term may not be
extended.
(4) (prev. (3) – SG 66/02) Where the applicant files the application through an
industrial property representative, a power of attorney shall be attached to the application.
Patent application
Art. 36. The application for granting a patent shall include: name and address of the
applicant and the industrial property representative, if any; name and address of the inventor;
declaration on the actual inventor; name of the invention and data on the claimed priority:
number, date and country of the priority document, as well as a declaration on licensing
readiness if so desired by the applicant.
Description of the Invention
Art. 37. (1) (amend. - SG 64/06, in force from 09.11.2006) The description shall
contain the name and relevant field of technology; the preceding state of the art inasmuch as it
is known to the applicant with citing of documents describing it; clear and comprehensive
explanation of the technological essence of the invention and its advantages so that it may be
actually applied by a person skilled in the art; brief explanations of the drawings, at least one
method of realisation of the claimed invention by using examples, where necessary, and
referring to the drawings, when available, as well as the method of application of the invention
in the industry, when this is not obvious from the description or the nature of the invention.
(2) (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) Where the
invention includes the use of biological material or concerns such material which is not publicly
accessible, cannot be described in the patent application in such a manner as to permit a person
skilled in the art to reproduce the invention, the description shall contain indication of the data
of deposition of the biological material: number and date of the deposit, as well as the name
and address of the international body of deposition according to Art. 7 of the Budapest Treaty
on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent
Procedure, where the deposit shall be made not later than the date of the priority application.
The description of the application shall contain the full information on the characteristics of the
deposited biological material available to the applicant.
(3) (new - SG 64/06, in force from 09.11.2006) If the biological material is deposited
outside the Republic of Bulgaria, within a term of three months from the publication of the
patent application the applicant shall make a deposit of this material also in the National bank
for industrial microorganisms and cell cultures, so that any person that has right of access to be
able to receive a sample of the biological material in the Republic of Bulgaria according to
order determined by an ordinance on depositing and access for the purposes of the patent
procedure of the Council of Ministers.
(4) (new - SG 64/06, in force from 09.11.2006) If a biological material, deposited
according to Para 3, ceases to be accessible in the National bank for industrial microorganisms
and cell cultures because it is not viable or because of another reason, the applicant has to make
a new deposit of the material in a term and way determined by the ordinance referred to in Para
3.
(5) (new - SG 64/06, in force from 09.11.2006) When the invention is related to a
sequence or to a partial sequence of a gene, the industrial applicability of this sequence shall be
revealed in the patent application.
Claims
Art. 38. The claim (claims) shall define the matter for which protection is sought, shall
be clear and precise and shall be based on the description.
Abstract
Art. 39. The abstract shall consist of a brief statement of the essence of the invention
and shall serve for information purposes only.
Unity
Art. 40. (1) The application shall relate to one invention only or to a group of
inventions so linked as to form a single general inventive concept.
(2) Where the application relates to a group of inventions, the requirement for unity
shall be met if a technical link exists between these inventions, related to one or more of the
identical or similar specific technical characteristics.
(3) The specific technical characteristics are those technical characteristics which
determine the contribution to the state of the art of each of the inventions which are considered
as a single entity.
(4) Where a patent is granted pursuant to an application which does not conform to the
requirement in para 1, this shall not be considered as grounds for declaring the patent null and
void.
Dividing the Application
Art. 41. (1) (amend. SG 66/02) Where the requirements under Art. 40 are not complied
with, the expert department shall propose to the applicant to divide the application within three
months. If within that period of time the applicant files separate applications for the individual
elements, as date of submitting, respectively priority of these applications, shall be considered
the date of submitting, respectively of the initial application if the requirements under Art. 34,
para 2 have been met.
(2) (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) The applicant
may on his own accord divide the application at any time until receiving a notification as
referred to in Art. 47, Para 5 or until obtaining a decision as referred to in Art. 46, Para 1, Art.
46a, Para 1 and 2 and Art. 47, Para 3 on it. If within three months of the applicant's request for
division the individual components are filed in separate applications, as date of submitting,
respectively priority of these applications, shall be considered the date of submitting,
respectively of the initial application if the requirements under Art. 34, para 2 have been met.
Amendments to the Application
Art. 42. (amend. SG 66/02) (1) Changes in the application or in the patent can be made
respectively in the procedure for the application till taking of decision or in procedure for claim
for announcing the patient invalid.
(2) (amend. - SG 64/06, in force from 09.11.2006) The applicant can on his own
initiative make changes in the application till the publication of art. 46c or till receiving a
notification as referred to in Art. 47, Para 5 or until obtaining a decision as referred to in Art.
46, Para 1, Art. 46a, Para 1 and 2 and Art. 47, Para 3, if the publication has not been made, by
paying the respective fee.
(3) The changes of para 1 and 2 cannot go out of the initial disclosure in the application.
In the procedure for announcing of invalidity in the claims of the patent cannot be introduced
changes, which will lead to expanding of the scope of protection.
Withdrawal of an Application
Art. 43. (amend. SG 66/02) The patent application may be withdrawn by a petition in
writing by the applicant if no patent has already been granted. In this case the application shall
not be included in the state of art of art. 8, para 3.
Right to Priority
Art. 44. (1) The applicant's right to priority shall be recognised as from the date of
filing the application pursuant to Art. 34.
(2) (amend. - SG 64/06; amend. and suppl. - SG 64/06, in force from 09.11.2006) The
right of priority pursuant to treaties to which the Republic of Bulgaria is a party shall be
recognised if within two months of filing the application at the Patent Office the applicant
provides the corresponding declaration by indicating the number, date and country of the initial
application. The right of priority shall be proved within three months of the date of filing of the
application at the Patent Office. The applicant shall pay a fee for the claimed priority within the
same term. Failure to observe the said time limits and to pay the fee for the claimed priority
shall result in loss of the right of priority. Priority data may be amended within this period of
time.
(3) Upon the request of the applicant each patent application may enjoy priorities from
earlier applications filed by the same applicant. Each of those applications has to be filed at the
Patent Office in compliance with this Act, to have a filing date not earlier than twelve months
prior to the date of filing of the patent application, and no national or international priorities
should have been sought for such applications. The time limits which run from the date of
priority shall run from the earliest date of priority.
(4) A priority from applications filed earlier at the Patent Office may be sought within
two months of applying for a patent and the applicant shall enter the number and date of the
earlier applications in his declaration.
Confidentiality of the Application
Art. 45. (1) The Patent Office shall not permit access to materials related to a patent
application prior to publication, except where the applicant has given his consent in writing.
(2) (revoked – SG 64/06, in force from 09.11.2006)
(3) (Amend., SG 45/02; revoked – SG 64/06, in force from 09.11.2006)
(4) The provision by the Patent Office of bibliographic data on unpublished
applications shall not be considered a violation of confidentiality.
Check for Presence of Classified Information
Art. 45a. (new - SG 64/06, in force from 09.11.2006) (1) Within one month term from
the date of filing the application, when the applicant is a Bulgarian national with a permanent
address in the Republic of Bulgaria or a legal person with a seat in the Republic of Bulgaria,
the competent bodies referred to in Art. 24, Para 3 shall check if the application contains
classified information in the sense of Art. 25 of the Protection of Classified Information Act.
(2) When it is found that the application contains classifies information, it shall be sent
according to the respective order to the competent bodies, which, within a three month term
from receiving it, shall determine the level of classification for security.
(3) If, after expiration of the term referred to in Art. 2, the Patent Office has not
received an opinion on the level of classification for security, it shall be considered that the
application is not an application for a secret patent.
(4) When the application was filed as application for a secret patent and upon the check
referred to in Para 1 – 3 the competent bodies have not determined a level of classification for
security, the Patent Office shall notify the applicant that the application does not contain a secret
invention and shall request his explicit consent to consider it by the general order. The
application shall be considered withdrawn, in case such consent was not received.
Check of the Formal Requirements (title amend. - SG 64/06, in force from
09.11.2006)
Art. 46. (1) (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) Within
one month term from the check referred to in Art. 45a, Para 1 or 3 or from filing the application
by a foreign applicant, a check for fulfilment of the obligations referred to in Art. 35, para 1, 3
and 4 and Art. 36 shall be performed for each application with determined date of filing. When
deficiencies are found, the applicant shall be notified thereof and shall be provided a three
month period for their remedy. In the event that the applicant does not respond within this
period, or does not remedy the deficiencies, a decision for termination of the procedure shall be
made.
(2) (new – SG 66/02) When to an application for patent a document for paid fees under
art. 35, para 2, to the applicant shall be given three months term for the payment of these fees.
If the fees are not paid, the application shall be considered withdrawn.
(3) (prev. (2), amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) If, upon
expiration of the three month period referred to in Art. 35, Para 3, it is found that a translation
in Bulgarian was not presented, the application shall be considered withdrawn and the applicant
shall be notified.
(4) (new - SG 64/06, in force from 09.11.2006) When priority was claimed according
to Art. 44, Para 2 and 3, a check on fulfilment of the requirements referred to in Art. 44, Art.
35, Para 1, Item 4 and Para 2 shall be made after expiration of the three month period referred
to in Art. 44, Para 2. Upon finding incompatibilities, the applicant shall be notified thereof and
shall be provided one month period for reply. If the applicant does not reply or his objection is
ungrounded, the priority claim shall not be granted and the applicant shall be notified.
Preliminary Expertise and Expertise on Admissibility of the Legal Protection
Art. 46a. (new - SG 64/06, in force from 09.11.2006) (1) Within a three month term
from the check referred to in Art. 46, an expert of the expertise department shall perform
preliminary expertise according to Art. 37, 38, and 40. When deficiencies are found, the
applicant shall be notified thereof and shall be provided a three month term for their remedy. If
the applicant does not reply within this term or does not remedy the deficiencies, a decision for
termination of the procedure shall be made.
(2) Within the term referred to in Para 1 an expertise for compliance with the
requirements referred to in Art. 6, Para 2 and 4 and Art. 7 shall be also performed. When
deficiencies are found, the expert of the expertise department shall notify the applicant thereof
and shall provide him a three month term for their remedy. If the applicant does not reply or his
objection is ungrounded, a decision for refusal to grant a patent shall be made.
Request for Search and Expertise
Art. 46b. (new - SG 64/06, in force from 09.11.2006) (1) Before the expiration of 13
months from the date of filing the application, respectively from the priority date, the applicant
may file a request for search and expertise.
(2) Simultaneously with the request referred to in Para 1 the applicant shall pay a fee
for search and expertise and fee for publication of the application. If the fees were not paid with
the filing of the request, they may be paid double the amount within one month term from filing
the request referred to in Para 1.
(3) When for the application no request as referred to in Para 1 was filed and/or fees
as referred to in Para 2 were paid, it may be transformed to an application for registration of a
utility model upon request of the applicant, filed before expiration of 15 months from its priority
date, according to order determined with the ordinance referred to in Art. 34, Para 1. If such a
request is not filed, the application shall be considered withdrawn and the applicant shall be
sent a notification.
(4) An application for a patent, referring to the subjects under Art. 73, Para 5, may not
be transformed into an application for registration of a utility model according to Para 3. When
for such an application a request for transformation is submitted, an expert of the expertise
department shall notify the applicant for the inadmissibility of the transformation and shall
provide him one month period for reply and corrections. If the applicant does not reply or his
objection is ungrounded, his request for transformation shall not be granted and the patent
application shall be considered withdrawn.
Publication of the Application
Art. 46c. (new - SG 64/06, in force from 09.11.2006) (1) For the application, of which
a request was filed and the fees referred to in Art. 46b were paid, a publication shall be made
in the Official Gazette of the Patent Office immediately upon the expiration of the 18th month
from the date of filing, respectively from the priority date, except in the cases when:
1. the application was withdrawn according to Art. 43, it is considered withdrawn
according to Art. 45a, Para 4 and Art. 46, Para 2, the procedure on it was terminated according
to Art. 46, Para 1, Art. 46a, Para 1 or Art. 47, Para 4 or a decision for refusal according to Art.
46a, Para 2 or Art. 47, Para 3 was made;
2. upon request by the applicant, accompanied with a document for paid fee, the
publication regarding the application was made before expiration of this term.
(2) Simultaneously with the publication regarding the application the Patent Office
shall provide access to the description, the claims and the drawings.
Objections by Third Persons
Art. 46d. (new - SG 64/06, in force from 09.11.2006) Within a three month term from
the publication regarding the application as referred to in Art. 46c any person may file written
objections regarding the patentability of the claimed invention, supported by evidence. The
persons that have filed an objection do not become participants in the procedure on the
application.
Search and Expertise (title amend. - SG 64/06, in force from 09.11.2006)
Art. 47. (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) (1) On each
application for which a request was filed and the fees referred to in Art. 46b were paid, an expert
of the expertise department shall search the state of the art according to Art. 8 and prepare a
report on the search, as well as written opinion on the patentability of the invention in
compliance with Art. 6, Para 1 and Art. 7a in relation to Art. 8, 9 and 10.
(2) The report, the opinion referred to in Para 1 and the written objections referred to
in Art. 46d, if submitted, shall be sent to the applicant not later than 6 months from expiration
of the term referred to in Art. 46d, except in the cases where during the search a conflicting
application as referred to in Art. 8, Para 3 or 4 was found, when the report and the opinion are
sent after its publication. Within a three month term from receiving them the applicant may
enter changes into the application and to comment the opinion and the submitted objections.
(3) When in the opinion referred to in Para 1 it is found that the invention is not
patentable in the sense of Art. 6, Para 1 and Art. 7a because it does not meet the requirements
of Art. 8, 9 or 10, and the applicant does not reply within the term referred to in Para 2, does
not remedy the deficiencies or makes an ungrounded objection, a decision shall be made for
refusal to grant a patent.
(4) When the expert of the expert department finds, that the applied for invention is
patentable, but the description and/or the patent claims are not in compliance with art. 37, para
1 and/or art. 38, he shall invite the applicant to correct them in a three month term. If in the
provided term the applicant does not make the necessary corrections, does not reply or makes
an ungrounded objection, the expert shall make a decision for termination of the procedure on
the application.
(5) When, upon the performed expertise and correspondence with the applicant, it is
found that the invention is patentable and the requirements of Art. 37, Para 1 and Art. 38 are
met, the expert of the expertise department shall send a written notification for payment of fees
of art. 33, para 4 and art. 53.
(6) The expert of the expertise department shall make a decision for granting a patent,
when the fees of para 5 were paid. If the fees are not paid, the application shall be considered
withdrawn.
Transformation
Art. 47a. (new - SG 64/06, in force from 09.11.2006) (1) The applicant may file a
request for transformation of the patent application into an application for registration of a
utility model before expiration of the term for payment of the fees referred to in Art. 53 or of
the term referred to in Art. 56, Para 1. The transformed application shall keep the date of filing
and the priority date of the initially filed patent application which shall be considered
withdrawn.
(2) The transformation referred to in Para 1 shall be performed in compliance with the
requirements of Art. 73, Para 5 according to order determined by the ordinance referred to in
Art. 34, Para 1. If those requirements are not met, an expert of the expertise department shall
notify the applicant and shall provide him a three month term for reply and corrections. If the
applicant does not reply or his reply is ungrounded, the request for transformation shall not be
granted and the patent application shall be considered withdrawn.
Extension of Time Limits
Art. 48. (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) Upon a
petition from the applicant filed prior to their expiration the time limits under Art. 46, para 1,
Art. 46a, Art. 47, Para 2 and 4 and Art. 47a, Para 2 and Art. 58, para 2 may be extended for up
to three months. Only two such extensions may be granted upon payment of the respective fees.
Restitutio in Integrum
Art. 49. Time limits which have not been observed due to unforeseen circumstances
may be re-established upon a petition from the applicant. The petition must be filed within three
months of the removal of the cause for the failure to comply with the time limit, but not later
than one year after the expiration of the unobserved time limit. The decision to re-establish the
time limit shall be made by the Chairman of the Patent Office.
Publication of the Application
Art. 50. (revoked – SG 64/06, in force from 09.11.2006)
Publication of a Granted Patent
Art. 51. (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) Publications
shall be made for granted patent in the official bulletin of the Patent Office immediately after
the expiry of three months after the decision is taken. In one term after the publication shall be
granted a patent and the description, the claims and the drawings of the patient shall be
published.
Access to the Application
Art. 51a. (new - SG 64/06, in force from 09.11.2006, revoked - SG 98/19)
Other Publications
Art. 52. Data on the legal status of the applications and granted patents, on tariffs,
instructions, etc., shall be published in the official bulletin of the Patent Office.
Fees for Granting and Publishing a Patent
Art. 53. (amend. SG 66/02; amend. - SG 64/06, in force from 09.11.2006) For the
publications under Art. 51 and for issuing of patent fees shall be paid within three months after
the receiving of the announcement of art. 47, para 5. If the applicant does not pay the fees in
time, he may do so within the next one month by paying the double amount.
Chapter five.
DISPUTES
Procedure for Examining Disputes
Art. 54. Disputes related to the creation, protection and use of inventions and utility
models shall be resolved by administrative proceedings, in court or through arbitration.
Administrative Proceedings
Art. 55. (amend. - SG 64/06, in force from 09.11.2006) (1) The following decisions
may be appealed before the disputes department:
1. refusal to grant a patent pursuant to Art. 46a, para 2, and under Art. 47, para 3;
2. termination of the proceedings on patent applications pursuant to Art. 46, para 1,
Art. 46a, Para 1 and Art. 47, para 4;
3. termination of the proceedings of registration of a utility model pursuant to Art. 75d,
Para 3 and Art. 75e, Para 3;
4. refusal to register a utility model pursuant to Art. 75e, Para 4.
(2) The disputes department shall also examine requests for:
1. declaring null and void granted patents;
2. deletion of the registration of a utility model;
3. granting and termination of a compulsory license.
(3) The order of considering of the disputes shall be determined by an ordinance of the
Council of Ministers.
Time limits for Opposition
Art. 56. (1) (amend. - SG 64/06, in force from 09.11.2006) Appeals under Art. 55, para
1 shall be filed at the disputes department by interested parties within three months of receiving
the decision, and a document on paid fees shall be attached thereto.
(2) (amend. - SG 64/06, in force from 09.11.2006) Petitions under Art. 55, para 2 shall
be admissible during the entire effective period of the patent, respectively of the registration of
the utility model, and a document on paid fees shall be annexed thereto.
(3) (revoked – SG 64/06, in force from 09.11.2006)
(4) Appeals and petitions shall be left unanswered if the above time limits are not
complied with or if fees are not duly paid.
Bodies for Reviewing Disputes
Art. 57. (1) Disputes shall be reviewed by specialised panels of the disputes department
appointed ad hoc by the Chairman of the Patent Office.
(2) Decisions on disputes under Art. 55, para 1, shall be passed by panels consisting
of three experts, one of whom is a jurist, and decisions on disputes under Art. 55, para 2 shall
be passed by panels consisting of five experts, two of whom shall be jurists.
Disputes Department Proceedings
Art. 58. (amend. - SG 64/06, in force from 09.11.2006) (1) The disputes department
shall initiate proceedings within one month of receiving the appeals or petitions referred to in
Art. 55.
(2) The proceedings shall be with the participation of the interested parties. Written
and oral evidence shall be admitted. In the cases under Art. 55, para 2, the disputes department
shall forward a copy of the petition to the holder, and, respectively, to the interested persons,
and shall provide a three month time limit for responses.
(3) In respect of the appeals referred to in Art. 55, Para 1 the appointed panel under
Art. 57 within 9-month term from filing the appeal shall:
1. uphold the decision of the expert department;
2. reverse in whole or in part the decision of the expert department and return the
application for reconsideration.
(4) The decision of the expert department passed after a reconsideration of the
application under para 3, item 2, may be appealed before the disputes department within the
term referred to in Art. 56, Para 1 which shall rule on the substance of the dispute.
(5) In reviewing petitions under Art. 55, para 2, the appointed panel referred to in Art.
57 within 9-month term from collection of all the evidence on the dispute shall make a decision
for:
1. rejection the petition as groundless;
2. declaring full or partial nullity of a granted patent;
3. granting or termination of a compulsory license;
4. full or partial deletion of the registration of a utility model.
(6) The decisions of the appointed panel referred to in Art. 57 shall be approved by the
President of the Patent Office.
(7) The decisions referred to in Para 3 – 6 shall be sent to the parties of the dispute
within 7-day term.
(8) In the cases of declaring partial nullity of the granted patent under Para 5, Item 2,
or partial deletion of the registration of a utility model under Para 5, Item 4 the granted patent,
respectively the registration certificate, shall be replaced by new ones.
Judicial Control
Art. 59. (amend. SG 66/02; amend. - SG 30/06, in force from 12.07.2006 and for the
replacement of the words "Sofia city court" by "Administrative court – city of Sofia" in force
from 01.03.2007; prev. text of art. 59 - SG 64/06, in force from 09.11.2006) The party which is
not satisfied with the decision of the disputes department under Art. 58, para 3, item 1 and Art.
58, para 5, can submit an appeal to the Administrative court – city of Sofia within three months
of receipt of the decision by the order of the Administrative procedure code.
(2) (new - SG 64/06, in force from 09.11.2006) The decisions of the expertise
departments referred to in Art. 46, Para 1, Art. 46a, Para 1 and 2, Art. 47, Para 3 and 4, Art.
75d, Para 3 and Art. 75e, Para 3 and 4 may not be appealed before the court if not appealed
according to the administrative order.
Disputes for establishing the actual inventor (title amend. SG 66/02)
Art. 60. (1) (amend. SG 66/02) The disputes for establishing the actual inventor shall
be settled by the Sofia City Court.
(2) (amend. SG 66/02; revoked – SG 64/06, in force from 09.11.2006)
(3) (suppl. - SG 64/06, in force from 09.11.2006) The Patent Office shall enter the
name of the inventor or inventors in the granted patent or in the registration certificate on the
basis of the court ruling which has come into force.
Disputes on the Official Character of Inventions and Utility Models and on
Remuneration for Such Inventions
Art. 61. (1) Disputes whether an invention or utility model is official under Art. 15 of
this Act shall be settled by the Sofia City Court.
(2) (suppl. - SG 64/06, in force from 09.11.2006) On the basis of a court ruling which
has come into force the entitled party may request the granting of a patent or of a registration
certificate of a utility model in its name.
(3) (suppl. - SG 64/06, in force from 09.11.2006) Actions pursuant to para 1 may be
brought within one year of learning of the granting of the patent or the registration certificate.
(4) Disputes on determining remuneration under Art. 15, para 5 and 6, shall be settled
under the procedure established in para 1.
Disputes on Entitlement to File an Application
Art. 62. (1) Disputes on the entitlement to file an application under Art. 13 shall be
settled in court or through arbitration.
(2) The Sofia City Court shall be the competent institution whenever disputes are
settled in court.
Disputes on the Right to Previous Use and the Right to Subsequent Use
Art. 63. (1) Disputes on the right to previous use under Art. 21 and subsequent use
under Art. 22 shall be settled in court or through arbitration.
(2) The Sofia City Court shall be the competent institution whenever disputes are
settled in court.
Disputes on Infringement of Exclusive Rights
Art. 64. (1) (amend. - SG 64/06, in force from 09.11.2006) Disputes on infringement
of exclusive rights shall be settled by the Sofia City Court.
(2) (new - SG 64/06, in force from 09.11.2006) Where a defendant to an infringement
action has submitted to the Patent Office a request for declaring the patent is void or for deletion
of the registration of a utility model, the Court shall suspend the action until the final decision
on the request is ruled.
(3) (prev. text of para 02, suppl. - SG 64/06, in force from 09.11.2006) Where the
action has been brought by the applicant prior to the granting of a patent or a registration
certificate, the Court proceedings shall be suspended until a decision is reached by the Patent
Office.
(4) (prev. text of para 03, - SG 64/06, in force from 09.11.2006) In the cases under the
preceding paragraph the Patent Office shall render a decision within one year of the date of
notification of the suspension of court proceedings.
Disputes on Determining the Flaw of Industrial Application
Art. 65. Disputes on determining the flaw of industrial application of a patented
invention or utility model shall be settled in court following the general procedure.
Disputes on Remuneration in Cases of Compulsory License
Art. 66. Disputes on the amount of remuneration for granting a compulsory license
shall be settled by the Sofia City Court.
Chapter six.
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION
TREATY
Receiving Office
Art. 67. (1) (amend. SG 66/02) The Patent Office shall serve as a receiving office
within the meaning of Art. 2 (xv) of the Patent Cooperation Treaty, referred to hereinafter as
the "Treaty", for international applications filed by citizens of the Republic of Bulgaria or by
applicants who are with permanent address or have their principal place of business in the
country.
(2) (amend. SG 66/02) An international application shall be filed in English or Russian
in three identical copies. The application may also be submitted in Bulgaria, presenting in one
month term a translation. Document for paid fees and priority document shall be filed in single
copy.
(3) (amend. SG 66/02) Fees other than those provided for the international application
under the Treaty shall be paid to cover the international correspondence expenses of the Patent
Office. Such fees shall be paid within one month of the date of filing. In adverse case the
procedure for the application shall be terminated.
(4) (amend. – SG 59/07, in force from 01.03.2008) Whenever fewer than three copies
have been filed, the Patent Office shall prepare such missing copies for a fee. Non-payment of
this fee may not serve as reasons to suspend procedures, but the receiving office may require
issuing of an order of immediate execution pursuant to Art. 418 of the Code of Civil Procedure
on the grounds of an excerpt of its accounting records books.
(5) (amend. - SG 64/06, in force from 09.11.2006) In the cases under Art. 8, para 2 (b)
of the Treaty, proceedings on earlier national applications for the same invention shall be
suspended. If a national procedure is opened for the said international application, proceedings
on the earlier national application shall be terminated. In such cases, if a patent has been granted
on the earlier national application, it shall be terminated as of the effective date of the patent
granted on the international application inasmuch as it coincides with it.
(6) (Amend., SG 45/02; amend. - SG 64/06, in force from 09.11.2006) When an
international application was filed to the Patent Office of the Republic of Bulgaria in its capacity
of a receiving Office and no previous national application for the same invention was filed, the
international application shall be checked according to the order referred to in Art. 45a. The
procedure shall continue, if the competent body finds that the invention is not secret. If the
invention is secret, the application shall be considered international.
International Searching Authorities and International Preliminary Examining
Authorities
Art. 68. (1) The Patent Office of the Republic of Bulgaria shall specify the international
searching authorities and international preliminary examining authorities.
(2) Every applicant, as well as the Patent Office, may request a search on a national
application by an international searching authority. In such cases the description and claims of
the application shall be filed in the languages specified by the international searching authority
and the necessary fees for the search shall be paid.
Designated Office
Art. 69. (1) The Patent Office of the Republic of Bulgaria shall be the designated office
within the meaning of Art. 2 (xiii) of the Treaty whenever the Republic of Bulgaria has been
designated in an international application.
(2) (amend. SG 66/02) For the purposes of opening a national phase, the applicant shall
file the international application to the Patent Office within 31 months of the priority date,
observing the requirements of art. 35. For applications where the Patent Office is the receiving
office, application fees shall not be collected.
(3) Applications on which a national procedure has been opened shall be put together
in accordance with articles35, 36, 37, 38 and 39 and within the time limits under Art. 46, para
1.
(4) The Patent Office shall conduct an additional search of the international application
whenever the search by the International Searching Authority has covered only a part of that
invention. Fees shall be paid for the additional search within the time limits set in Art. 46, para
1.
Elected Office
Art. 70. (1) The Patent Office shall be the elected office under Art. 2 (xiv) of the Treaty
whenever the Republic of Bulgaria has been elected by the applicant as the country in which he
intends to use the results of the international preliminary examination.
(2) (amend. - SG 64/06, in force from 09.11.2006) In case of election of the Republic
of Bulgaria the applicant shall file the documents provided for in Art. 69, para 2 on the opening
of a national phase within 31 months of that date.
(3) (revoked - SG 64/06, in force from 09.11.2006)
(4) The international preliminary examination report shall be translated in English in
accordance with Art. 36, para 2 of the Treaty if it is not presented in the languages under Art.
67, para 2.
Transforming International Applications into National Applications
Art. 71. (amend. SG 66/02; amend. and suppl. - SG 64/06, in force from 09.11.2006)
Where a foreign receiving office has refused to establish a date of filing of an international
application or has declared that the international application is considered withdrawn, or that
the designation of the Republic of Bulgaria is considered withdrawn, and the applicant files an
application in Bulgarian at the Patent Office and pays the fees of art. 35, para 2, respectively
Art. 75, Para 1, Item 6 the international application shall be considered a national patent
application or application for registration of a utility model under this Act. The same procedure
shall be applied in respect of international applications which have been erroneously declared
withdrawn by the International Bureau of the World Intellectual Property Organisation.
Publications
Art. 72. (1) The publications of international applications in which the Republic of
Bulgaria is a designated state, performed by the International Bureau of the World Intellectual
Property Organisation, shall be included in the state of the art as from their date of publication
if national procedure has not already commenced on these applications.
(2) (amend. - SG 64/06, in force from 09.11.2006) The publication of an international
application in Bulgaria has legal effects identical with the effects of publications of national
applications under articles 46c and 52.
Chapter six "a".
APPLICATIONS FOR EUROPEAN PATENT AND EUROPEAN PATENTS
ACCORDING TO THE EUROPEAN PATENT CONVENTION (NEW – SG 66/02)
Submitting of applications for European patent
Art. 72a. (new – SG 66/02) (1) The applications for European patent can be submitted
at the Patent Office of the Republic of Bulgaria or at the European Patent Office in Munich or
its branch in the Hague in one of the languages according to art. 14 of the European Patent
Convention, called hereinafter "the convention". The divided applications shall be submitted
only at the European Patent Office.
(2) Applicants with permanent address or headquarters in the Republic of Bulgaria
shall submit applications for European patent at the Patent Office unless the application benefits
priority from a previous application, submitted at the office.
(3) The Patent Office shall re-send the application for European patent to the European
Patent Office.
Equivalence of European and national application
Art. 72b. (new – SG 66/02) (1) Application for European patent with established date
of submitting and priority, when such is claimed, in which the Republic of Bulgaria is a pointed
out country, shall be equivalent to regularly submitted at the Patent Office national application.
(2) When the application for European patent is published by the European Patent
Office and the applicant presents translation of the patent claims in Bulgarian language in three
copies with the bibliographic data of the application and pays fee for publication, the Patent
Office shall ensure access to the translation and publish announcement in the official bulletin
about the received translation.
(3) The applicant shall exercise the rights of art. 18 from the date of the announcement
about the received translation of para 2 under the conditions of art. 72c.
Effect of the European patent
Art. 72c. (new – SG 66/02) (1) A European patent, in which the Republic of Bulgaria
is pointed out, shall concede to the holder of the patent from the date of the announcement about
its issuing in the European patent bulletin the rights under this Act, if in three months term after
this date a translation of the description and the claims in Bulgarian is presented in three copies
and a fee for publication is paid.
(2) The translation of para 1 must contain the name of the invention, the description,
including drawings, when necessary, and the patent claims.
(3) The translation shall be submitted together with data about the patent holder, the
number of the application for European patent, the number of the publication of the European
patent, the number and the date of the European patent bulletin, in which the announcement
about issuing of the patent is made.
(4) The Patent Office shall make announcement in the official bulletin about the
received translation and publish the translation of the European patent in Bulgarian.
(5) The provisions of this Art. shall be applied also when the description and the patent
claims of the European patent are changed in procedure for objection according to art. 102, para
3 of the convention.
(6) The European patent shall not have effect on the territory of the Republic of
Bulgaria from the date of submitting of the application, if within the term of para 1 the
translation according to para 1 and 5 is not presented and/or the fee for publication is not paid,
or the requirements of para 2 and 3 are not fulfilled and the defects are not removed in two
months term after the notification of the Patent Office.
Authentic text of the application for European patent and of the European
patent. Entering of corrections in the translation
Art. 72d. (new – SG 66/02) (1) When the translation in Bulgarian of art. 72b and 72c
concede scope of protection, which is narrower from the scope of protection, conceded with the
application for European patent in the language of procedure of the European patent office, as
authentic shall be considered the text of this translation.
(2) The provision of para 1 shall not be applied in the procedure for announcing the
European patent invalid.
(3) The applicant or the holder of European patent can submit at any time corrected
translation by paying the respective fee for publication. The translation shall be presented in
three copies. The Patent Office shall publish an announcement about the received corrected
translation in the official bulletin. When the corrections refer to the patent claims in the
application for the European patent, simultaneously with the announcement in the bulletin shall
be ensured access to the corrected translation, and when the corrections refer to the translation
of the European patent, the patent shall be published again with the entered corrections.
(4) The corrected translation shall have effect with regard to third persons from the
day of publication of the announcement.
(5) A person, who in good faith uses or has made the necessary preparation for use of
the invention, which use would not constitute a breach of the application or the patent according
to the initial translation, can, after the corrected translation enters into force, continue the use
of the invention in his activity or for the purposes of this activity without payment.
Fees for maintaining the effect of the European patent
Art. 72e. (new – SG 66/02) Annual patent fee for European patents shall be paid at the
Patent Office of the Republic of Bulgaria by the order of art. 33 for each patent year after the
year, during which the European Patent Office publishes the announcement about issuing of
European patent.
Transformation in national application for patent
Art. 72f. (new – SG 66/02) (1) (suppl. - SG 64/06, in force from 09.11.2006)
Application for European patent, in which the Republic of Bulgaria is pointed out, may upon
application of the applicant to be transformed in national application for patent for invention or
for registration of a utility model, when:
1. the application is considered withdrawn according to art. 77, para 5 of the
convention;
2. the application is considered withdrawn according to art. 90, para 3 of the
convention, because translation of the application has not been presented in the language of the
procedure according to art. 14, para 2 of the convention.
(2) The application for the transformation shall be submitted within the terms of art.
135, para 2 of the convention.
(3) In three months term after the date of receiving of the application at the Patent
Office the applicant must:
1. (suppl. - SG 64/06, in force from 09.11.2006) pay the fees of art. 35, para 2,
respectively Art. 75, Para 1, Item 6, and
2. submit translation in Bulgarian of the application for European patent as it has been
submitted, and translation of the application with changes, when it has been changed in the
procedure before the European Patent Office.
Prohibition of simultaneous protection
Art. 72g. (new – SG 66/02) (1) When a national patent for invention is issued, for
which also a European patent is issued, in which the Republic of Bulgaria is pointed out with
one and the same date of application, respectively one and the same priority date, to one and
the same person or his legal successor, the national patent shall terminate its effect.
(2) Under the conditions of para 1 the national patent shall terminate its effect within
the scope, which is identical with the European patent, from the date on which the term for
submitting of objections against the European patent has elapsed without an objection being
submitted or from the date, on which enters into force the decision for preservation of the
European patent in the procedure for objection.
Announcement of invalidity of the European patent
Art. 72h. (new – SG 66/02) The decisions of the European Patent Office in procedure
for announcing invalid of a European patent, in which the Republic of Bulgaria is pointed out,
shall have effect on the territory of the Republic of Bulgaria.
Register of the applications for European patent and the European patents
Art. 72i. (new – SG 66/02) The Patent Office shall enter the applications for European
patents as well as the European patents with effect in the Republic of Bulgaria in a separate
register, all the changes in their legal status being entered by the general order.
Chapter six "b".
Certificates for supplementary protection (new - SG 64/06, in force from the date of
accession of the Republic of Bulgaria to the European Union)
Granting Supplementary Protection
Art. 72j. (new - SG 64/06, in force from the date of accession of the Republic of
Bulgaria to the European Union) (1) Certificates for supplementary protection of products and
methods, protected by a patent, shall be granted according to the conditions and the order
referred to in Regulation 1768/92/EEC of the Council and Regulation 1610/96/EC of the
European Parliament and the Council.
(2) The application for certificate shall be filed to the Patent Office of the Republic of
Bulgaria. For the filing of the application, granting, maintenance of the effect of the certificate
and for publications, fees determined by the Tariff referred to in Art. 5, Para 1 shall be paid.
(3) The procedure on granting a certificate for supplementary protection shall be
determined by an ordinance of the Council of Ministers.
(4) The provisions regarding the representation referred to in Art. 3, the right of
application referred to in Art. 13, the extent of legal protection referred to in Art. 17, the contents
of the exclusive right referred to in Art. 19, the restriction on the patent effect referred to in Art.
20, the exhaustion of rights referred to in Art. 20a, the right of previous use referred to in Art.
21, the expiry of the effect of the patent referred to in Art. 26, Para 1, 2 and 4, the infringement
of the patent rights and the infringement actions referred to in Art. 27 and 28, the right of
information referred to in Art. 28a, the license readiness referred to in Art. 30, the contractual
and compulsory license referred to in Art. 31 and 32, fees for maintenance of the effect of the
patent referred to in Art. 33, the restoration of the terms referred to in Art. 49, disputes referred
to in Art. 54, Art. 55, Para 1, Art. 56, Para 1 and 4 and Art. 57 – 59 shall apply also to the
certificates for supplementary protection unless otherwise provided by the regulations referred
to in Para 1.
Chapter seven.
UTILITY MODELS
Patentable Utility models
Art. 73. (amend. - SG 64/06, in force from 09.11.2006) (1) Legal protection of a utility
model shall be granted by registration in the Patent Office. The registration shall have effect in
respect of third persons from the date of the publication in the Official Gazette of the Patent
Office.
(2) The right of registration shall belong to the person that has right of application as
referred to in Art. 13.
(3) Subject to registration shall be utility models which are new, industrially applicable
and involve inventive step.
(4) The objects referred to in Art. 6, Para 2 and 4 shall not be considered to be utility
models as much as legal protection is sought for them as such.
(5) Biotechnological inventions in the sense of Art. 7a, methods, chemical compounds
or their usage, as well as the objects referred to in Art. 7.
Novelty
Art. 73a. (new - SG 64/06, in force from 09.11.2006) (1) The utility model shall be
considered to be new if it does not form part of the state of the art.
(2) The state of the art shall be held to comprise:
1. everything made available to the public by its use in the Republic of Bulgaria, by
means of a written or oral description or in any other way anywhere in the world before the date
of filing of the application for the utility model, respectively the priority date;
2. the contents of the national, the European and the international applications
according to Art. 8, Para 3 and 4.
Disclosure not Influencing the Novelty
Art. 73b. (new - SG 64/06, in force from 09.11.2006) (1) The disclosure of the utility
model shall not influence the novelty, when this disclosure is made in 12-month term before
the date of filing the application for registration, respectively before the priority date, by:
1. the applicant or his right granter;
2. a third person upon obvious misuse with regard to the applicant or his right granter.
(2) The privilege referred to in Para 1 may be claimed any time.
Inventive Step
Art. 73c. (new - SG 64/06, in force from 09.11.2006) It shall be considered that the
utility model involves an inventive step, if a person with common knowledge and capabilities
in the field is not able to easily produce it on the basis of the state of the art according to Art.
73a, Para 2, Item 1.
Industrial Applicability
Art. 73d. (new - SG 64/06, in force from 09.11.2006) The industrial applicability of
the utility models shall be determined according to Art. 10.
Exceptions
Art. 74. (amend. - SG 64/06, in force from 09.11.2006) The term of the effect of the
registration of the utility model shall be 4 years from the date of filing the application. It may
be extended for two consecutive terms of three years. The total term of protection may not
exceed 10 years from the date of filing the application.
Cessation of the Effect of the Registration
Art. 74a. (new - SG 64/06, in force from 09.11.2006) The registration shall cease to
have effect upon:
1. expiration of the respective term under Art. 74;
2. waiver by the holder – from the date of receiving the written statement of waiver.
Deletion of the Registration
Art. 74b. (new - SG 64/06, in force from 09.11.2006) (1) The registration shall be
deleted on request by any person when:
1. the utility model does not meet the requirements referred to in Art.73, Para 3 in
relation to Art. 73a, 73c and 73d;
2. the utility model falls in the cases referred to in Art. 73, Para 4 and 5;
3. the essentially of the utility model was not revealed enough clearly and fully so that
a person with common knowledge and capabilities in the field may not produce it;
4. the registered utility model extends beyond the contents of:
a) the application as it is filed;
b) the initial application of which the application for registration of the utility model
is separated according to Art. 41;
c) the initial patent application to which the application for utility model refers
according to Art. 75b;
d) the initial patent application from which the application for registration of a utility
model is transformed according to Art. 47a and 72f.
(2) When the grounds for deletion refer to only part of the claims, the deletion shall be
partial. The extent of protection shall be restricted by making respective changes to the claims,
the description and the drawings.
(3) The deletion of the registration of the utility model shall have effect from the date
of filing the application.
(4) The registration of the utility model shall be deleted also when the holder did not
have right of application, which is ruled by a court decision in force. Upon request of the person
that has a right of application, the utility model may be registered on his behalf without
termination of the effect of the registration.
(5) The registration of a utility model may be deleted also after termination of its effect
as referred to in Art. 74a upon request of a person that is defendant to a claim of infringement.
(6) The deletion of the registration shall not affect:
1. the decisions in force on infringement of the right in a utility model as much as they
have been enforced;
2. the license agreements, concluded and performed before the deletion unless
otherwise provided by them.
Compulsory License
Art. 74c. (new - SG 64/06, in force from 09.11.2006) (1) Compulsory license shall be
granted in favour of a holder of a utility model, when the utility model may not be used without
infringement of the right in another utility model, the holder of which refuses to grant license
in fair conditions.
(2) Compulsory license shall be granted in favour of a patent holder, when the
invention according to the patent may not be used without infringement of the right in a utility
model, the holder of which refuses to grant a license in fair conditions.
(3) The rules regarding the compulsory license referred to in Art. 32 shall apply also
to the registered utility models.
Disposal in Case of Parallel Protection
Art. 74d. (new - SG 64/06, in force from 09.11.2006) (1) When a patent is granted and
a utility model is registered under the conditions of Art. 75b, the disposal of any of the both
rights shall be considered also a disposal of the other one.
(2) When one of the rights referred to in Para 1 has occurred before the other one, the
disposal of it shall have effect also to the one that has occurred later.
Infringement of the Right in a Utility Model
Art. 74e. (new - SG 64/06, in force from 09.11.2006) For infringements of the right in
a utility model shall apply respectively Art. 27, 28 and 28a.
Filing an Application for Utility Model (title amend. - SG 64/06, in force from
09.11.2006)
Art. 75. (amend. - SG 64/06, in force from 09.11.2006) (1) Application for registration
of a utility model shall be filed to the Patent Office and shall contain:
1. request for registration;
2. description of the utility model;
3. drawings, where necessary;
4. claims;
5. an abstract;
6. a document for paid fees for application and examination.
(2) To the application shall be also attached the following documents:
1. authorisation, when the application is filed through industrial property
representative;
2. statement of priority and priority certificate, when priority is claimed, and document
for paid fee for priority;
3. statement of the actual inventor and for determining the right of application, when
the applicant is not an inventor.
(3) The documents shall be filed in Bulgarian except the priority certificate referred to
in Art. 44, Para 2, and the description, the drawings, the claims and the abstract shall be
presented in two copies. When they are presented in other language, the date of filing shall be
preserved, if within three-month term from that date they are presented in Bulgarian. This term
may not be extended.
Date of Filing
Art. 75a. (new - SG 64/06, in force from 09.11.2006) Date of filing the application
shall be taken to be the date of receiving by the Patent Office of:
1. a request for registration containing a name and address of the applicant and name
of the utility model of which registration is requested;
2. a description of the utility model;
3. drawings, where necessary;
4. one or more claims.
Parallel Applications
Art. 75b. (new - SG 64/06, in force from 09.11.2006) For the same invention, for which
a patent application was filed, the applicant may also file an application for registration of a
utility model in compliance with the requirements referred to in Art. 73, Para 5, referring to the
date of filing and the claimed priority of the patent application. This right may be claimed before
the expiration of two months from the date of receiving the decision on the patent application
as referred to in Art. 46, Para 1, Art. 46a, Para 1 and 2, Art. 47, Para 3, 4 and 6 or the decision
referred to in Art. 58, Para 3, Item 2 and Para 4 of the expertise department or the disputes
department on the patent application, but not later than 10 years from the date of filing the
patent application.
Requirements for the Application
Art. 75c. (new - SG 64/06, in force from 09.11.2006) (1) Apart from the data referred
to in Art. 75a, Item 1, the request shall contain also:
1. name and address of the inventor;
2. statement of the actual inventor;
3. name and address of the industrial property representative, if authorized;
4. data on the claimed priority – number, date and state of the priority document;
5. statement containing data of the patent application, when the application for
registration of a utility model is filed according to Art. 75b.
(2) The description shall contain a name of the utility model, its application and one
or more examples of realisation revealing its technical essence. The preceding state of the art
known to the applicant and the advantages of the utility model may be also indicated in it.
(3) Regarding the claims and the abstract shall apply also Art. 38 and 39.
Check of the Formal Requirements
Art. 75d. (new - SG 64/06, in force from 09.11.2006) (1) Within one month term from
the date of filing the application by a Bulgarian national having his permanent address in the
Republic of Bulgaria or by a legal person having its seat in the Republic of Bulgaria, the check
referred to in Art. 45a shall be performed.
(2) Within one month term from the check referred to in Para 1 or from filing an
application by a foreign applicant for each application with determined date of filing shall be
checked if the requirements referred to in Art. 75, 75b and 75c, Para 1 are fulfilled. Upon finding
deficiencies, the applicant shall be notified and one month term shall be provided to him in
order to remedy them, except for the documents referred to in Art. 75, Para 2, Item 2.
(3) When the applicant does not respond, does not remedy the deficiencies and/or
objects groundlessly within the term referred to in Para 2, a decision for termination of the
procedure shall be made.
(4) When, within the term referred to in Para 2, the applicant does not present the
document of paid fees referred to in Art. 75, Para, Item 6, the application shall be considered
withdrawn.
(5) Art. 44 shall apply regarding the presentation of the documents referred to in Art.
75, Para 2, Item 2.
Registration Procedure
Art. 75e. (new - SG 64/06, in force from 09.11.2006) (1) For each application which
meets the formal requirements an expert of the expertise department within a three month term
shall check if:
1. the application meets the requirements referred to in Art. 75c, Para 2 and 3 and Art.
40;
2. the utility model subject of the application does fall in the cases referred to in Art.
73, Para 4 and 5;
3. the utility model, revealed in the application, obviously contradicts to Art. 10.
(2) Upon finding incompliance the applicant shall be notified and shall be provided a
three month term for opinion and/or for making changes in the application.
(3) When, within the term provided, the applicant does not respond, objects
groundlessly and/or does not remedy the deficiencies referred to in Para 1, Item 1, a decision
on termination of the procedure shall be made.
(4) When, within the term provided, the applicant does not respond, objects
groundlessly and/or does not make changes in the application in order to remedy the
incompliance referred to in Para 1, Item 2 and 3, a decision on rejection shall be made.
(5) When, as a result of the check, incompliance is not found or the incompliance is
remedied, the applicant shall be invited to pay within a month a fee for registration, a fee for
issuing a certificate for registration, a fee for publication of the description, the drawings, the
claims and the abstract and a fee for publication in the Official Gazette of the Patent Office. If
the fees are not paid, the application shall be considered withdrawn.
(6) When the fees are paid, a decision for registration of the utility model shall be made
and entry into the State register of the utility models shall be done within a 14-day term.
(7) When the application for registration of a utility model is filed according to Art.
75b, a decision on registration shall be made upon payment of the fees referred to in Para 5 and
of a fee for extension of the term of effect of the registration for the period in question, in which
the applicant was invited to pay them.
Search of the State of the Art
Art. 75f. (new - SG 64/06, in force from 09.11.2006) (1) The applicant may file a
request for searching the state of the art by paying a search fee.
(2) Within the term of effect of the registration of the utility model any person may
file a request for searching the state of the art by paying a search fee.
(3) Within a three month term from receiving the request referred to in Para 1 or 2 a
report shall be prepared, which shall be sent to the requesting person together with the materials
that were found.
(4) The persons referred to in Para 1 or 2 may file a request for expertise of a utility
model by paying a fee and presenting a search repost as referred to in Para 3 or in Art. 47, Para
1.
Postponing the Application
Art. 75g. (new - SG 64/06, in force from 09.11.2006) Within a three month term from
filing the application the applicant may file a request for postponing the registration of the utility
model for a term of up to 15 months from the date of filing, respectively from the priority date.
Extension of Terms
Art. 75h. (new - SG 64/06, in force from 09.11.2006) Upon request by the applicant
filed before the expiration of the term referred to n Art. 75d, Para 2 or Art. 75e, Para 2, it may
be extended once by three months upon payment of a fee.
Extension of the Term of Effect of the Registration (title amend. - SG 64/06, in
force from 09.11.2006)
Art. 76. (amend. - SG 64/06, in force from 09.11.2006) (1) The term of effect of the
registration of the utility model shall be extended upon request of the holder, accompanied by
a document for paid fee.
(2) The request for each extension shall be filed in the last year of the previous period
of effect of the registration.
(3) The utility model shall preserve its effect in case of missing the term referred to in
Para 2, if within 6 months after its expiration the holder files a request and pays double the
amount of the fee.
Publication (title amend. - SG 64/06, in force from 09.11.2006)
Art. 77. (amend. - SG 64/06, in force from 09.11.2006) (1) A publication shall be made
into the Official Gazette of the Patent Office within one month term from the entry of the utility
models into the State register.
(2) A certificate for registration of the utility model shall be issued and the description,
the drawings, the claims and the abstract shall be published within one month term of the
publication referred to in Para 1.
(3) Announcements on the prepared reports for search and all changes of the legal
status of the utility models shall be published in the Official Gazette.
Access to the Publication
Art. 77a. (new - SG 64/06, in force from 09.11.2006, revoked - SG 98/19)
Regimen of the Utility Models (title amend. - SG 64/06, in force from
09.11.2006)
Art. 78. (amend. - SG 64/06, in force from 09.11.2006) The rules for the inventions
shall apply respectively to the utility models unless otherwise provided by this chapter, with the
exception of Art. 18, 22 and 30.
Chapter eight.
PATENT OFFICE
Status
Art. 79. (1) The Patent Office of the Republic of Bulgaria shall be a national state
authority providing legal protection to industrial property and shall have its seat in Sofia.
(2) (new - SG 64/06, in force from 09.11.2006) The Patent Office shall be supported
by the budget. The income in the budget of the Patent Office shall be formed from fees,
collected for the activities carried out by the Office, from rent, donations and other revenues.
(3) (new - SG 64/06, in force from 09.11.2006; revoked – SG 38/12, in force from
01.07.2012) (4) (prev. text of para 02 - SG 64/06, in force from 09.11.2006) The Patent Office
shall be independent in its activities; its final decisions with respect to the protection of
industrial property may be appealed in court under the relevant procedures.
(5) (prev. text of para 03 - SG 64/06, in force from 09.11.2006) The Patent Office shall
consist of a Chairman, at least one vice-chairman, state experts and employees.
(6) (prev. text of para 04 - SG 64/06, in force from 09.11.2006) The chairman and the
vice-chairpersons shall conform to the following requirements: they shall have been employed
in the field of industrial property for at least ten years and shall hold university degrees in
technology or law; the first vice-chairman shall be competent and experienced in patent
examinations and shall have patenting qualifications.
(7) (prev. text of para 05 - SG 64/06, in force from 09.11.2006) The Chairman of the
Patent Office shall be appointed by the Prime Minister.
Main Activities
Art. 80. The Patent Office shall perform the following main activities:
1. examinations and decision-making with respect to the protection of industrial
property;
2. (amend., SG 81/99; suppl. - SG 64/06, in force from 09.11.2006) granting patents
for inventions and certificates for registration of utility models; certificates for industrial
designs, trade marks, service marks, appellations of origin and other documents protecting
industrial property;
3. reviewing disputes on examination decisions, requests for declaring null and void
documents granting protection and on granting and terminating compulsory licenses;
4. declaring nullity, granting and revoking compulsory licenses and dependency of
documents protecting industrial property;
5. (new - SG 64/06, in force from 09.11.2006) protection of the biotechnological
inventions and utility models in coordination with the National bank for industrial
microorganisms and cell cultures;
6. (prev. text of item 05, suppl. - SG 64/06, in force from 09.11.2006) representing the
country in certain governmental industrial property organisations, ensuring the implementation
of the country's obligations pursuant to the status of the patent offices as regulated in
international instruments, and carrying on international cooperation in this field, in this number
for performing searches and expertise of objects of the industrial property;
7. (prev. text of item 06, amend. - SG 64/06, in force from 09.11.2006) making the
publications and publishing the bulletin provided for in this Act and in international
instruments; performing international exchange of patent documents, creates and maintains
information systems of the objects of industrial property and provide information services for
these objects;
8. (prev. text of item 07 - SG 64/06, in force from 09.11.2006) issuing regulations and
instructions within the competence of the Patent Office, and establishing fee schedules for the
activities and services provided by the Office;
9. (prev. text of item 08 - SG 64/06, in force from 09.11.2006) maintaining state
registers of protected industrial property objects;
10. (prev. text of item 09 - SG 64/06, in force from 09.11.2006) establishing the
Industrial Property Fund from donations, means of its own and other revenues;
11. (prev. text of item 10, amend. - SG 64/06, in force from 09.11.2006) performs
training of personnel and education in the field of industrial property;
12. (new - SG 64/06, in force from 09.11.2006) informs the public in the field of the
industrial property and popularize the legal protection of the industrial property and the
innovative activity.
Chairman
Art. 81. (1) (amend. – SG 19/10, in force from 10.06.2010) The Chairperson shall
manage the Patent Office and shall be responsible for the performance of its activities; he shall
approve the structural regulations of the Office and shall promulgate it in the State Gazette,
appoint and monitor the staff; represent the Patent Office in international organisations and
unions; conclude bilateral and regional agreements with foreign patent offices.
(2) (new - SG 64/06, in force from 09.11.2006) The Chairperson may delegate his
competences by a written order to a Deputy Chairperson.
(3) (prev. text of item 02, amend. - SG 64/06, in force from 09.11.2006) The
Chairperson of the Patent Office shall maintain cooperation with non-profit organisations
operating in the area of industrial property.
Structure
Art. 82. (1) In view of its responsibilities as set herein, the following mandatory
departments shall be established with the Patent Office:
1. examination of industrial property;
2. disputes;
3. legal activities;
4. patent information and publishing.
(2) The Patent Office shall establish and maintain a central patent fund, the Central
Patent Library, for performing examinations, providing services to the public and for the
purposes of the international exchange of patent documentation.
(3) The Chairman of the Patent Office shall determine the structure and number and
type of staff of the Office.
Employees
Art. 83. (1) Only persons holding Bulgarian citizenship shall be eligible for
employment with the Patent Office.
(2) (amend. - SG 64/06, in force from 09.11.2006) The state experts who make
decisions on the applications for objects of industrial property or final decisions on disputes
shall conform to the following requirements: university degree and post-graduate specialisation
in patent law; at least 3 years practice in the expertise and a passed examination at the Patent
Office. The conditions and the order of performing the examination shall be determined by an
act of the President of the Patent Office.
(3) (revoked – SG 64/06, in force from 09.11.2006)
(4) (new - SG 64/06, in force from 09.11.2006) The employees of the Patent Office
shall not have the right to file applications for protection of objects of industrial property or to
be mentioned as inventors or co-inventors while they are in official or employment relationship
and one year after its termination.
Chapter eight "a".
PROTECTION MEASURES BY THE CUSTOMS AUTHORITIES (NEW – SG 64/06,
IN FORCE FROM 09.11.2006, TITLE AMENDED - SG 98/19)
Grounds and Scope of Application
Art. 83a. (new - SG 64/06, in force from 09.11.2006, amend. - SG 98/19) (1) The
customs authorities shall apply measures to goods under customs supervision or customs
control suspected of infringing a patent, supplementary protection certificate or registered
utility model, under the terms and procedures of Regulation (EU) No 608/2013 of the European
Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual
property rights and repealing Council Regulation (EC) No 1383/2003 (ОВ, L 181/15 of 29 June
2013).
(2) Paragraph 1 shall also apply to goods, whether or not they are the subject of a
customs regime, which were found as a result of the check carried out by the customs authorities
in the exercise of their powers within the territory of the Republic of Bulgaria.
(3) When implementing the measures, the customs authorities shall collect fees to
cover the costs of storage of the goods to the extent determined by the Council of Ministers in
accordance with Art. 12 of the Customs Act.
Conditions for Application of the Measures for Border Control
Art. 83b. (new - SG 64/06, in force from 09.11.2006, revoked - SG 98/19))
Chapter nine.
PENAL ADMINISTRATIVE PROVISIONS
Sanctions
Art. 84. (1) (Amended, SG No. 11/1998; amend., SG 45/02; amend. - SG 64/06, in
force from 09.11.2006) A person who publishes the essence of an application for classified
patent under Art. 24, who files an application abroad in violation of Art. 25 shall be fined from
1000 to 20,000 BGN.
(2) (new - SG 64/06, in force from 09.11.2006) Any person who does not fulfil his
obligation referred to in Art. 28a, Para 5 shall be fined from 300 to 500 BGN or shall be imposed
a property sanction from 600 to 1000 BGN.
(3) (prev. text of para 02 - SG 64/06, in force from 09.11.2006) Violations shall be
evidenced with an Act by a body of the Patent Office. Sanctions shall be issued by the Chairman
of the Patent Office and may be appealed pursuant to the Administrative Violations and
Penalties Act.
Additional provisions
§ 1. (new - SG 64/06, in force from 09.11.2006) In the sense of this Act:
1. "Essentially biological process" means any process for production of plants or
animals if it consists entirely of natural phenomena such as crossing or selection.
2. "Microbiological process" means any process involving, performed upon or
resulting in biological material.
3. "Biological material" means any material containing genetic information and
capable of reproducing itself or being reproduced in a biological system.
4. "Paris Convention" means the Paris Convention for the Protection of Industrial
Property signed on 20 March 1883 in Paris together with its amendments and supplementations
according to the Decision of the Council of Ministers for accession of the Republic of Bulgaria
to the Lisbon revision of the Convention approved by Decree No. 663 of the Presidium of the
National Assembly from 1965 (SG 75/65).
5. "Budapest Treaty" means the Budapest Treaty on the International Recognition of
the Deposit of Microorganisms for the Purposes of Patent Procedure signed on 28 April 1977
in Budapest, ratified by Decree No. 903 of the State Council from 1978 (SG 38/78).
6. "Patent Cooperation Treaty" means the Patent Cooperation Treaty concluded on 19
June 1970 in Washington, ratified by Decree No. 2933 of the State Council from 1983 (SG
77/83).
7. "European Patent Convention" means the Convention on the Grant of European
Patents (European Patent Convention) of 5 October 1973 ratified by an Act of the National
Assembly (SG 15/02).
8. "Genetic medicinal product: means any medicinal product having the same quality
and quantity composition regarding the active substances and the same medicinal form as the
reference medicinal product and its bioequivalence with the reference medicinal product is
proven by suitable testing for bio-analyticity. The various peroral immediate-release medicinal
forms shall be treated as one and the same medicinal form. The various salts, esters, ethers,
isomers, mixtures of isomers, complexes or derivatives of an active substance shall be treated
to be the same active substance, unless they differ considerably in their form and/or efficiency.
Transitional and concluding provisions
§ 2. (prev. text of § 01 - SG 64/06, in force from 09.11.2006) (1) This Act shall apply
to patent applications for inventions and utility models filed after its coming into force, as well
as to patent applications filed at the Patent Office prior to its coming into force but on which no
final decision has been passed.
(2) Requests for inventor's certificates filed at the Patent Office prior to the coming
into force of this Act, on which no final decision has been passed, may be transformed into
patent applications for inventions or utility models upon the request of the person who is entitled
to apply under Art. 13 of this Act; they shall retain their priority date. The request shall be filed
at the Patent Office within three months of notification of the applicant by the Patent Office,
but not later than six months after the coming into force of this Act.
(3) Requests for inventor's certificates for which no transformation requests have been
received under the terms of the preceding paragraph shall be considered withdrawn and all
procedures on them shall be terminated.
§ 3. (prev. text of § 02 - SG 64/06, in force from 09.11.2006) (1) Inventors' certificates
granted prior to the coming into force of this Act shall be valid for 15 years as from the date of
filing. This shall also be the validity of unpublished inventors' certificates.
(2) Pursuant to Art. 7 and upon the request of the inventor inventors' certificates may
be transformed into patents for inventions within the term specified in the preceding paragraph.
Whenever an inventors' certificate has been granted for an official invention, transformation
requests may be made by:
1. the user of the invention;
2. the author of the invention;
3. the organisation where that invention was made if it is not its user.
(3) Requests under the preceding paragraph shall be filed at the Patent Office within
six months of the coming into force of this Act.
(4) The Patent Office shall grant a patent to one of the petitioners observing the
successive order in which they are presented in para 2.
(5) If within the time limit under para 3 no transformation request has been received
any interested party, with the exception of foreign persons, may request the granting of a patent
in his name. The request must be filed no later than one year after the expiry of the time limit
under para 3 and a patent shall be granted to the first petitioner.
(6) The rights arising from patents granted under para 4 and 5 shall commence as from
the date of the transformation decision. Persons who have used the invention prior to the date
of transformation of the inventors' certificate, but after the date of filing the application for that
inventors' certificate shall not enjoy the rights of prior users under Art. 21.
(7) (revoked – SG 66/02).
(8) Inventors' certificates which have not been transformed into patents under the
preceding paragraphs shall cease to be in force.
(9) Property and non-property rights of discoverers, inventors of recognised and
applied inventions and innovations which have arisen prior to the coming into force of this Act
shall be governed by the procedure existing prior to the entry into force of this Act.
(10) (amend. - SG 30/06, in force from 12.07.2006) The decisions of the Patent Office
with respect to the transformation of patent applications and inventors' certificates may be
appealed under the Administrative procedure code.
§ 4. (prev. text of § 03 - SG 64/06, in force from 09.11.2006) Fees for granting patents
and fees for transformation publications shall be paid for transforming inventors' certificates
into patents. The annual fees for maintaining patents shall be calculated as from the date of
granting.
§ 5. (prev. text of § 04 - SG 64/06, in force from 09.11.2006) (1) The Patent Office
may grant patents upon the request of the proprietor of the patent or applicant for patents or
applications filed abroad prior to the entry into force of this Act and concerning products
obtained by chemical or microbiological methods, as well as medical, cosmetic and food
products obtained by chemical or other methods, including genetic engineering products:
1. the product has not been sold in the Republic of Bulgaria prior to the date of filing
of a patent application at the Patent Office;
2. no inventors' certificate has been granted in the Republic of Bulgaria for a product
identical to that whose patenting is requested;
3. the applicant or proprietor of the patent are maintaining considerable commercial
activity in the country of the invention.
(2) A patent application under the preceding paragraph shall be filed at the Patent
Office within nine months of the coming into force of this Act and shall consist of:
1. petition as per approved form;
2. declaration as per approved form on the existence of the requirements under items
1 and 3 of the preceding paragraph;
3. a Bulgarian translation of the patent or application and of the abstract in two copies;
4. copy of the patent or certified copy of the application issued by the Patent office of
the respective country;
5. document for paid fees;
6. power of attorney.
(3) The applicant or proprietor of the patent shall present the documents as described
in the above paragraph within three months of filing the application.
(4) The patent granted in the Republic of Bulgaria shall have an effect:
1. as from the date of filing of the application under para 2, whenever a patent has
already been granted abroad;
2. as from the date of notification on the granting of a patent on the application filed
abroad.
(5) The effects of the patent granted under the terms specified in the preceding
paragraphs shall be terminated upon the expiry of the term of the patent granted in the respective
country, or as of the date of its nullification.
(6) Unobserved time limits under para 2 and 3 shall not be re-established.
(7) The annual patent fees shall be paid in amounts corresponding to the successive
year of the patent granted in the respective country.
§ 6. (prev. text of § 05 - SG 64/06, in force from 09.11.2006) Patents for inventions as
well as additional patents granted prior to the entry into force of this Act shall retain their term
as specified by the law at the time of grant.
§ 7. (prev. text of § 06 - SG 64/06, in force from 09.11.2006) (1) In Art. 48 of the
Trade Marks and Industrial Designs Law (promulgated, State Gazette, No. 95 of 1967,
amended, No. 55 of 1975, No. 56 of 1986) the words "Bulgarian Chamber of Commerce" shall
be replaced by "industrial property representative".
(2) The Bulgarian Chamber of Commerce and Industry shall continue to fulfil the
functions of industrial property representative for six months after the entry into force of this
Act. Within the same period of time foreign applicants shall empower a representative from the
Register of Industrial Property Representatives. After the expiration of that period, the
Bulgarian Chamber of Commerce and Industry shall transfer to the Patent Office all files on
industrial property for which there is no empowered representative. The Chairman of the Patent
Office shall distribute any such files among the authorised industrial property representatives.
§ 8. (prev. text of § 07 - SG 64/06, in force from 09.11.2006) The time limit for filing
requests for nullification under Art. 55, paragraph 2 shall be applicable for inventors' certificates
which have been granted prior to the entry into force of this Act.
§ 9. (prev. text of § 08 - SG 64/06, in force from 09.11.2006) The relationships
involving the creation and use of proposals having a useful effect which do not enjoy special
legal protection shall be governed by contracts between the interested parties.
§ 10. (prev. text of § 09 - SG 64/06, in force from 09.11.2006) The name of the
Inventions and Innovations Institute shall be changed to Patent Office of the Republic of
Bulgaria.
§ 11. (amend., SG 81/99; prev. text of § 10 - SG 64/06, in force from 09.11.2006) The
Council of Ministers shall issue a regulation pursuant to Art. 3 of this Act, a Regulation on
Classified Patents, utility models and industrial design and a Regulation on Official Patents.
§ 12. (prev. text of § 11 - SG 64/06, in force from 09.11.2006) This Act revokes:
1. The Inventions and Innovations Law (promulgated, State Gazette, No. 81 of 1968,
amended, No. 92 of 1969, No. 28 of 1982 and No. 56 of 1986).
2. The Discoveries, Inventions and Innovative Proposals Law (promulgated, State
Gazette, No. 10 of 1961, amended, State Gazette, No. 81 of 1968).
§ 13. (prev. text of § 12 - SG 64/06, in force from 09.11.2006) This Act shall come
into force on June 1, 1993 with the exception of Art. 3.
§ 14. (prev. text of § 13 - SG 64/06, in force from 09.11.2006) The implementation of
this Act is assigned to the Chairman of the Patent Office.
This Act was passed by the 36th National Assembly on March 18, 1993 and the state
seal has been affixed to it.
§ 41. "Official or officially recognised exhibition" is an exhibition in the sense of the
Convention for the international exhibitions, signed on November 22, 1928 in Paris and revised
on November 30, 1972.
Transitional and concluding provisions
OF THE ACT AMENDING AND SUPPLEMENTING THE PATENTS ACT– SG 66/02
§ 42. (1) This Act shall be implemented for applications for inventions and utility
models, which are submitted after it has been entered into force, as well as for applications,
about which ultimate decision has not been taken.
(2) Requests for announcing invalidity of patents for inventions, which refer to
methods for treatment of people or animals with therapies or by surgical methods, as well as
methods for diagnostics, applied for people or animals, regardless of when they have been
issued, shall be considered with regard to the provisions of the law, which has been in force by
the time of considering of the application till the taking of the ultimate decision.
§ 43. The legal protection, conceded with patents for inventions, which refer to
methods for treatment of people or animals with therapies or by surgical methods, as well as
methods for diagnostics, applied for people or animals, shall be preserved till the elapse of the
term of effect of the patents with the restriction under the law, according to which the decision
for issuing them it has been taken.
§ 44. Applicants, submitted application for patent for invention or utility model before
this Act enters into force, shall exercise the privilege of art. 11 in its previous wording.
§ 45. The procedure for submitted declarations for discoveries under the revoked para
7 of §2 of the transitional and concluding provisions shall be terminated. Upon request of the
authors in the official bulletin of the Patent Office shall be published the bibliographical data
of the declarations and access to the material in them shall be conceded.
§ 46. The law shall enter into force on the day of its promulgation in State Gazette
except §19, item 1 (about para 1, 2 and 3 of art. 33), which shall enter into force six months
after this Act enters into force.
Transitional and concluding provisions
TO THE ADMINISTRATIVE PROCEDURE CODE
(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)
§ 101. The following amendments shall be done to the Patents Act (prom. - SG 27/93;
amend. - SG 83/96; 11/98; 81/99; 45 and 66/02; 17/03):
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. The words "Administrative Proceedings Act" shall be replaced by "Administrative
procedure code".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 142. The code shall enter into force three months after its promulgation in State
Gazette, with the exception of:
1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter
third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51,
item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84,
item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125,
§ 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item
2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the
replacement of the word "the regional" with the "administrative" and the replacement of the
word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force
from the 1st of May 2007;
2. paragraph 120, which shall enter into force from the 1st of January 2007;
3. paragraph 3, which shall enter into force from the day of the promulgation of the
code in State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE PATENTS ACT
(PROM. – SG 64/06, IN FORCE FROM 09.11.2006)
§ 74. (1) This Act shall apply to applications for patents and to applications for
registration of utility models filed after its entry into force, as well as to applications for patents
for inventions and utility models on which no final decision has been made.
(2) In respect of applications for patents for inventions on which no final decision has
been made before the entry into force of this Act, a request as referred to in Art. 46b shall not
be filed and the 6-month term referred to in Art. 47, Para 2 shall not apply.
(3) The applications for patents for utility models, filed to the Patent Office before the
entry into force of this Act, on which no final decision has been made, may be transformed into
applications for registration of utility models upon request of the applicant. The request shall
be filed to the Patent Office within three month term from notification of the applicant by the
Office but not later than 6 months from entry into force of this Act.
(4) The fees for expertise of the applications for patent for utility model shall not be
refunded to the applicant and the Patent Office shall perform a search on all applications for
which a request for transformation was filed within the term referred to in Para 3. The report
on the search accompanied by an opinion for compliance with Art. 73a, 73c and 73d shall be
sent to the applicant within 6-month term from filing the request.
(5) The applications for patents for utility models of which no request for
transformation was submitted shall be treated to be withdrawn.
§ 75. The maintenance of the effect of the granted patents for utility models shall be
arranged according to the existing order.
§ 76. (1) Secret patents granted under the existing order shall be exempt from fees for
maintenance of their effect.
(2) Revealing and pronouncing void granted secret patents shall be done according to
Art. 24.
§ 77. (In force from the date of accession of the Republic of Bulgaria to the European
Union) (1) The term of validity of patents granted according to the order of § 5 of the transitional
and concluding provisions shall be 20 years from the date of filing the application for patent in
the respective state of origin.
(2) Within a 6-month period from the date of accession of the Republic of Bulgaria to
the European Union the holder of a patent granted according to § 5 of the transitional and
concluding provisions, the effect of which was extended beyond the term referred to in Para 1,
may file a request according to the order and the conditions of Regulation 1768/92/EEC and
Regulation 1610/96/EC for granting a supplementary protection certificate for a product,
subject of the patent, where the term of the granted certificate shall be determined according to
Art. 22 of Regulation 1768/92/EEC.
(3) The patents granted under § 5 of the transitional and concluding provisions, the
effect of which was extended beyond the term referred to in Para 1, and of which no request
was filed for granting certificate for supplementary protection, shall cease to have effect with
the expiration of the current patent year for which an annual patent fee was paid.
§ 78. (amend. – SG 36/08) The Council of Ministers shall adopt the ordinances referred
to in Art. 24, Para 11, Art. 34, Para 1, Art. 37, Para 3, Art. 55, Para 3 and Art. 83b, Para 5, and
the Minister of Agriculture and Food Supply shall issue the ordinance referred to in Art. 20a,
Para 4 and 6 within 6-month term from entry into force of this Act.
§ 79. (1) For each medicinal product, protected by an effective basic patent and of
which the first authorisation for placing it on the market as a medicine product was granted
after 1 January 2000, a certificate for supplementary protection in the Republic of Bulgaria may
be granted, on the condition that the application for certificate was filed within 6-month term
from the date of accession of the Republic of Bulgaria to the European Union.
(2) For each plant protection product, protected by an effective basic patent and of
which the first authorisation for placing it on the market as a plant protection product was
granted after 1 January 2000, a certificate for supplementary protection in the Republic of
Bulgaria may be granted, on the condition that the application for certificate was filed within
6-month term from the date of accession of the Republic of Bulgaria to the European Union.
(3) The certificates referred to in Para 1 and 2 shall be granted according to the order
of Chapter six "b".
§ 80. (1) From the date of accession of the Republic of Bulgaria to the European Union
the provision of Art. 20, Item 7 shall apply also to applications for authorization for placing on
the market in every Member State of the European Union or of the European Economic Area.
§ 81. (1) From the date of accession of the Republic of Bulgaria to the European Union
the holder or the user of a patent or of a certificate for supplementary protection of a
pharmaceutical product, of which an application was filed in a Member State at a moment when
such protection could not be granted for this product in the Republic of Bulgaria, may refer to
the rights granted by this patent or certificate for supplementary protection, in order to prevent
import or distribution of this product in the Member State or in the States in which this product
is subject of patent or supplementary protection, even if the product was placed for the first
time on the market in the Republic of Bulgaria by him or with his consent.
(2) Any person that intends to import or distribute a pharmaceutical product, falling
under the scope of Para 1, in a Member State, in which this product is subject of patent or
supplementary protection, must prove before the competent authorities in the request for import
that the one month preliminary notification was made to the holder or the user of this protection.
..........................................................................
§ 83. This Act shall enter into force three months from its promulgation in the State
Gazette except:
1. Paragraph 15 – regarding Art. 20a, Para 1, § 55 – regarding Chapter six "b". § 70 –
regarding Art. 83a, Para 3, and § 77, which shall enter into force from the date of accession of
the Republic of Bulgaria to the European Union;
2. Paragraph 66, Item 2 – regarding Art. 79, Para 3, which shall enter into force from
1 January 2007.
Transitional and concluding provisions
TO THE MEDICINAL PRODUCTS IN HUMAN MEDICINE ACT
(PROM. – SG 31/07, IN FORCE FROM 13.04.2007)
§ 37. The Law shall enter into force from the day of its promulgation in the State
Gazette, with the exception of §22, which shall enter into force one year after entering of this
Act into force.
Transitional and concluding provisions
TO THE CIVIL PROCEDURE CODE
(PROM. – SG 59/07, IN FORCE FROM 01.03.2008)
§ 61. This code shall enter into force from 1 March 2008, except for:
1. Part Seven "Special rules related to proceedings on civil cases subject to application
of European Union legislation";
2. paragraph 2, par. 4;
3. paragraph 3 related to revoking of Chapter Thirty Two "a" "Special rules for
recognition and admission of fulfillment of decisions of foreign courts and of other foreign
bodies" with Art. 307a – 307e and Part Seven "Proceedings for returning a child or exercising
the right of personal relations" with Art. 502 – 507;
4. paragraph 4, par. 2;
5. paragraph 24;
6. paragraph 60,
which shall enter into force three days after the promulgation of the Code in the State
Gazette.
Transitional and concluding provisions
TO THE ACT ON AMENDMENT OF THE FISHERIES AND AQUACULTURE ACT
(AMEND. – SG 36/08)
§ 63. In the Patents and Registration of Utility Models Act (prom. SG 27/93) the words
"the Minister of Agriculture and Forests", everywhere are replaced respectively by "the
Minister of Agriculture and Food Supply".
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE TRADEMARKS AND
GEOGRAPHIC NAMES ACT
(PROM. – SG 19/10, IN FORCE FROM 10.06.2010)
§ 57. This Act shall enter into force three months after its promulgation in the State
Gazette except § 1, 3, 5, 6, § 7, Item 1, Letter “d” and “e”, § 8, 15, 16, 17, 19, 20 – 24, 26, 30,
33, 35, 36, 37, 39 and 40, which shall enter into force after 12 months from the promulgation
of the Act.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CIVIL SERVANTS ACT
(PROM. - SG 38/12, IN FORCE FROM 01.07.2012)
§ 84. (In force from 18.05.2012) Within one month from the promulgation of the Act
in the State Gazette:
1. the Council of Ministers shall bring the Classifier of Administration Positions in
compliance with this Act;
2. the competent authorities shall bring the statutory rules of the respective
administration in compliance with this Act.
§ 85. (1) Legal relations with the persons from administrations under the Radio and
Television Act, the Independent Financial Audit Act, the Electronic Communications Act and
the Financial Supervision Commission Act, Act on Access to and Disclosure of the Documents
and Announcing Affiliation of Bulgarian Citizens with the State Security Service and the
Intelligence Services of the Bulgarian Popular Army, Confiscation by the State of Proceeds of
Crime, Act on Prevention and Findings of Conflict of Interests, Code of Social Insurance,
Health Insurance Act, Agricultural Producers Assistance Act and the Roads Act shall be
regulated under the terms and following the procedure of § 36 of the Transitional and Final
provisions of the Act Amending and Supplementing the State Servant Act (SG 24/06).
(2) By the act appointing the civil servant shall be:
1. awarded the minimum rank for the position occupied defined in the Classifier of
Administration Positions, unless the civil servant has a higher rank;
2. determined the individual basic monthly salary.
(3) The funds additionally needed for insurance instalments of the persons referred to
in para 2 shall be provided within the costs for salaries, remuneration and insurance instalments
of the budgets of the respective budget credit spending units.
(4) The Council of Ministers shall carry out the changes required in the extra-budgetary
account of State Fund Agriculture according to this Act.
(5) The managing bodies of the National Insurance Institute and the National Health
Insurance Fund shall carry out the changes requires according to this Act in the respective
budgets.
(6) Unused leaves under employment relationships shall be retained and may not be
compensated by cash benefits.
§ 86. (1) Within one month from entry into force of this Act the individual basic
monthly salary of the employee shall be determined in such a manner as to ensure that the said
salary, reduced by the tax due and the mandatory insurance instalments at the expense of the
insured person, if they were due, is not lower than the gross monthly salary received hitherto,
reduced by the mandatory insurance instalments due at the expense of the insured person, if
they were due, as well as by the tax due.
(2) The gross salary under para 1 shall include:
1. the basic monthly salary or basic monthly remuneration;
2. bonuses paid regularly along with the basic monthly salary or basic monthly
remuneration due, which are related solely to the hours worked off.
§ 87. The Act shall enter into force from July 1, 2012 except for § 84, which shall enter
into force from the date of its promulgation in the State Gazette.
Concluding provisions
TO THE ACT AMENDING THE ACT ON BULGARIAN FOOD SAFETY AGENCY
(PROM. - SG 58/17, IN FORCE FROM 18.07.2017)
§ 76. This Act shall enter into force on the day of its promulgation in the State Gazette.
Relevant acts from the European legislation:
DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL OF 29 APRIL 2004 ON THE ENFORCEMENT OF INTELLECTUAL
PROPERTY RIGHTS
DIRECTIVE 98/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL OF 6 JULY 1998 ON THE LEGAL PROTECTION OF BIOTECHNOLOGICAL
INVENTIONS
REGULATION (EEC) NO 2380/74 OF THE COUNCIL OF 17 SEPTEMBER 1974
ADOPTING PROVISIONS FOR THE DISSEMINATION OF INFORMATION RELATING
TO RESEARCH PROGRAMMES FOR THE EUROPEAN ECONOMIC COMMUNITY
COUNCIL REGULATION (EEC) NO 1768/92 OF 18 JUNE 1992 CONCERNING
THE CREATION OF A SUPPLEMENTARY PROTECTION CERTIFICATE FOR
MEDICINAL PRODUCTS
REGULATION (EC) NO 1610/96 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL OF 23 JULY 1996 CONCERNING THE CREATION OF A
SUPPLEMENTARY PROTECTION CERTIFICATE FOR PLANT PROTECTION
PRODUCTS
COUNCIL REGULATION (EC) NO 1383/2003 OF 22 JULY 2003 CONCERNING
CUSTOMS ACTION AGAINST GOODS SUSPECTED OF INFRINGING CERTAIN
INTELLECTUAL PROPERTY RIGHTS AND THE MEASURES TO BE TAKEN AGAINST
GOODS FOUND TO HAVE INFRINGED SUCH RIGHTS