PATENT OFFICE OF THE REPUBLIC OF BULGARIA

Applying

Applying

In order to be provided with the service, the applicant submits an application for registration of a utility model according to a sample. Applicants who do not have a permanent address or registered office in the Republic of Bulgaria must perform actions before the Patent Office through a local industrial property representative. When there are several applicants and one of them is a Bulgarian natural or legal person, the authorization of a representative is not obligatory. In this case, an address for correspondence in the Republic of Bulgaria must be provided.

For the same invention for which a patent application has been filed, the applicant may also file a parallel application for registration of a utility model in compliance with the requirements for legal protection, referring to the filing date and the claimed priority of the patent application. This right may be claimed until the expiration of two months from the date of receipt of the decision on the patent application, but not later than 10 years from the date of filing of the patent application.

The application can be submitted in the following ways:

  • directly in the Patent Office in a specially designated registry;
  • through a licensed postal operator;
  • through a means of communication transmitting a facsimile;
  • electronically to the e-mail address for correspondence of the Patent Office;
  • through the portal for electronic administrative services of the Patent Office.

The following documents are attached to the application:

  • power of attorney when the application is submitted through an industrial property representative;
  • priority document when priority is claimed;
  • a declaration of the actual inventors where the applicant is different from the inventor;
  • a document for paid application and inspection fees, as well as for the claimed priorities.

When the application is submitted electronically, the scanned images of the specified documents are attached.

Where the application is filed by e-mail or by means of communication transmitting a facsimile or electronic copy, the original of the application shall be submitted to the Patent Office within one month. In this case, the date of receipt is the date of receipt of the request by e-mail.

The filing of the application with a qualified electronic signature is required for filing through the portal for electronic administrative services of the Patent Office.

Dating the application

Upon receipt of the application, it is registered as received. The expert then performs a check for regularity related to the so-called "Establishing the date of submission of the application". The expert checks whether the following are submitted:

  • application for registration with the name of the utility model for which registration is requested;
  • the identification data of the applicant in Bulgarian;
  • description of the utility model;
  • drawings, if necessary;
  • one or more claims.

In the presence of all prerequisites, the expert dates the application, and the application is entered in the Incoming Register of the Patent Office for utility model applications. The applicant shall be notified in writing of its entering number and the date of submission.

In case any of the prerequisites is not met, the applicant shall be notified that the application shall be deemed not to have been filed.

Where the application is filed by fax or electronically and meets the dating requirements, and the original is received at the Patent Office after the one month period, the filing date shall be deemed to be the date of receipt of the original documents by the Office.

Checking for the presence of the classified information

Within one month from the date of filing the application, when the applicant is a Bulgarian citizen with a permanent address in the Republic of Bulgaria or a legal entity established in the Republic of Bulgaria, a check is made whether the application contains classified information within the meaning of the Classified Information Protection Act.

When the application was filed as a secret utility model application and after checking for classified information, no security classification level was determined, the Patent Office shall notify the applicant that the application does not contain a secret utility model, and shall request his explicit consent to be examined it in the general order. If such consent is not obtained within three months, the application shall be deemed withdrawn.

Verification of paid fees

For each application with a set submission date, it is checked whether a document for paid application and verification fees is attached. If no such document is attached, the applicant shall be given one month to pay these fees. If the fees are not paid within this period, the application is considered withdrawn.

If the fees for the claimed priorities have not been paid, the applicant loses his right to priority if he/she has requested such.

Formal expertise

Within one month from the check for the presence of classified information, if such is required, or from the submission of an application by a foreign applicant for each application with a set submission date, an inspection for fulfillment of the formal requirements to the application shall be performed.

If deficiencies are found, the applicant shall be notified and given a period of one month to remedy them. If the applicant does not respond within this period or does not eliminate the deficiencies, a decision is made to terminate the proceedings.

Registration check

Within three months from the completion of the formal expertise, an expert from the expert department shall check whether the utility model requested for registration meets the regulatory requirements for registration (verification of the description, drawings, claims and abstract, as well as whether the utility model applied for registration falls within the scope of the objects subject to protection). If deficiencies are found, the applicant shall be notified and given a three-month period to response or make corrections. If the applicant does not respond within this period, objects unreasonably or does not eliminate the deficiencies, a decision is made to refuse registration.

Within the same period, a check is made for the unity of the request (whether the request is only for one utility model or for a group of utility models, which are connected in such a way that they form a common inventive idea). In case of non-compliance with the requirements for unity, the expert proposes to the applicant to divide the application within three months. If within this period the applicant submits separate applications for the separated parts, as the date of submission, respectively the date of priority of these applications, shall be considered the date of submission, respectively the priority of the originally submitted application. If the applicant does not reply within this period, objects unreasonably or fails to remedy the deficiencies, a decision shall be taken to terminate the proceedings.

If as a result of the inspection no discrepancies are found or the discrepancies are removed, the applicant is invited to pay within one month a registration fee, a fee for the issuance of a registration certificate, a fee for the publication of the description, drawings, claims and abstract and a fee for publication in the Official Gazette of the Patent Office. If the fees are not paid, the application is considered withdrawn.

Within 14 days from the payment of fees, a decision is made for registration of the utility model and entry is made in the State Register of utility models.

Issuance of a registration certificate

Within one month from the entry of the utility models in the State Register, a publication shall be made in the Official Bulletin Of the Patent Office.

Within one month from the publication a certificate for registration of the utility model is issued and the description, drawings, claims and the abstract are published.

Changes and withdrawal of the application made by the applicant

Changes in the application can be made in the proceedings on the application until a decision is made. The changes cannot go beyond the original disclosure in the application.

The application for registration of a utility model may be withdrawn by a written request of the applicant, if no decision for registration has already been made.

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