The procedure for registration of a utility model does not provide for an assessment of the novelty criteria and an inventive step in the registration procedure. For each application that meets the formal requirements, only the requirements under Art. 75e of the APRUM are checked.
The criteria for novelty and inventive step only can be grounds for submitting a request for deletion of an already registered utility model.
The validity of the registration of the utility model is extended at the request of the holder, accompanied by a document for paid fee. The request for each extension shall be submitted during the last year of the previous registration period. The utility model retains its effect in case of omission of the above term, if within 6 months after its expiration the holder submits a request and pays the fee in double amount.
A utility model is considered new if it is not part of the state of the art.
The state of the art includes:
1. everything that before the date of submission of the application for utility model, respectively before the date of the priority, has become publicly available through use in the Republic of Bulgaria through written or oral description or in any other way, anywhere in the world;
2. the content of the national, European and international applications according to art. 8, para. 3 and 4 of the APRUM.
The disclosure of the utility model shall not affect the novelty, when it is made within 12 months before the date of submission of the application for registration, respectively before the priority date, from:
1. the applicant or the person who has granted him/her the right;
2. a third party in case of obvious abuse in relation to the applicant or the person who has granted him/her the right.
The privilege can be claimed at any time.
It is considered that the utility model has an inventive step, if a person with usual knowledge and skills in the field cannot easily implement it on the basis of the state of the art according to art. 73a, para. 2, item 1 of APRUM.
The industrial applicability of the utility models is determined according to art. 10 of APRUM.
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.
The applicant may apply for a study of the state of the art by paying a study fee.
1. During the period of validity of the registration of the utility model, any person may submit a request for study of the state of the art by paying a study fee.
2. Within three months of receiving the request, a study report is prepared, which is sent to the sender together with the found materials.
3. The persons mentioned above may submit a request for expertise of a utility model by paying a fee and submit a report for studyunder item 2 or under Art. 47, para. 1 of APRUM.
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