Possibility of protection by patent

Novelty

The invention is new if it is not part of the state of the art.

• 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.
• The state of the art also includes the content of the national patent applications, the European and international patent applications, for which the Republic of Bulgaria is a designated country and which have an earlier filing date, respectively priority date, if subsequently published in the Official Gazette of the Patent Office.
• The state of the art also includes the content of the national applications for registration of utility models, which have an earlier date of submission, respectively a priority date, if a publication for their registration is subsequently made.

Inventive Step

An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art as of the date of filing or, respectively, the priority date.

Industrial applicability

Industrially applicable are inventions which subject matter can be produced or repeatedly used in any branch of industry and agriculture.

Disclosure that does not affect the novelty

The disclosure of the invention does not affect the novelty when this disclosure is made within six months before the date of filing the application for the invention, respectively before the priority date, and is a consequence of:

1. obvious abuse in relation to the applicant or the previous holder of the right of application;

2. display of the invention at an official or officially recognized exhibition by the applicant or the previous holder of the right of application.

The disclosure under item 2 shall not affect the novelty, if the applicant declares the exposure of the invention upon submission of the application and within three months from the date of submission of the application presents evidence for this.   

Scope of legal protection

The scope of legal protection is determined by the claims. The description and drawings serve to interpret the claims.   

Temporary protection

During the period from the publication of the application to the publication of the patent, temporary protection is granted, the scope of which is determined by the claims as formulated in the application. 

Fees for maintaining the patent

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.

1. 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.

2. The patent shall retain its effect in case of non observing of the term of item 1, if up to six months after the expiry of this term the patent owner pays the due fee in double extent.

3. 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.

4. A patent that has expired due to non-payment of the annual patent fee may be reimbursed within 6 months after the expiration of the term under item 2 against payment of a fee for recovery of the patent, as well as of the due fee, in double amount .