PATENT OFFICE OF THE REPUBLIC OF BULGARIA

Application procedure

Initiation of the service

To be provided with the service, the applicant submits an application for registration of an industrial design according to a model. Foreign individuals and legal entities shall perform actions before the Patent Office through a local industrial property representative. When there are several applicants for an application for registration of a design 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 indicated.

The application can be submitted in the following ways:

  • directly in the Patent Office of 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;
  • document for paid fees.

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, 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.

No qualified electronic signature is required for submitting the application through the portal for electronic administrative services of the Patent Office..

Dating the request

Upon receipt of the application, it is registered as received and submitted to the the specialized directorate to perform actions to date the application. On the day when the specialized directorate receives the application, a regularity check is performed, related to the so-called "Establishment of the date of submission of the application”. The expert checks whether the following are submitted:

  • the application for registration;
  • the name and address of the applicant;
  • one or more graphic or photographic images which clearly and completely reveal the design for which protection is sought.

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

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

Where the application is submitted by fax or electronically and meets the dating requirements, and the original is received by 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. Where the application is filed by fax or electronically with black and white images and meets the dating requirements, and the original contains color images, the filing date of the application shall be deemed to be the date of receipt of the color images by the Patent Office..

Check for paid fees

For each application with a set submission date shall be checked whether a document for paid fees is attached for application, expertise and postponement of the publication of the registration, when a postponement is requested. Where such a document is not attached, the applicant shall be given one month to remedy this deficiency. Up to one month after the expiration of the term, the fees can be paid in double amount. Where the payment of fees is made by bank transfer, the date of payment shall be the date on which the bank account of the Patent Office is credited. When the account of the Patent Office is credited after the expiration of the term, but the applicant presents evidence that within 3 days before the expiration of the term he has ordered the due amount, it is considered that the fee has been paid in time.

If the fees are not paid within this period, the application shall be deemed to be withdrawn and the applicant shall lose his right of priority if he has applied for such priority.

Formal expertise

Within two months from the submission of the document for paid fees, a formal expertise is performed, during which it is checked whether the requirements of the normative regulation to the application are fulfilled.

Where deficiencies are identified, the applicant shall be given a period of two months to remedy them, and the applicant shall be notified of the period granted by notification.

If the applicant does not remedy the deficiencies within the given period, the proceedings shall be terminated.

If no deficiencies are found or the deficiencies are removed in time, the next stage shall be started.

Check up in connection with the claimed priority

In the course of this stage it is checked whether evidence has been presented in view of the claim made for priority and whether the fee for the claim has been paid. In case the claim for priority is not made in accordance with the legal requirements, it is not granted and the applicant shall be duly notified.

Expertise on the merits

Within two months after the expiration of the term for removal of the deficiencies and if they are eliminated, an examination on the merits shall be carried out, which shall include checking whether the requested design meets the criteria specified in the law.

Where there are grounds for refusing to register the requested design, the applicant shall be notified, stating all the reasons and given a two-month period for objection. If within the given term, the applicant does not make reasonable objections or does not limit the number of applications, a decision is made to refuse the registration.

In case of refusal to register part of the requested designs included in a multiple application, the applicant shall be notified, stating all the reasons and given a two-month period for reply. If within this period the applicant does not respond, does not make reasonable objections or does not limit the designs, a decision is made to completely or partially refuse registration.

When the application meets the legal requirements, it shall be moved to the next stage - registration.

Registration and publication

When it is established that the requested design can be registered, a notification shall be sent to the applicant, giving him one month term for payment of registration fees, issuance of registration certificate and publication. Up to one month after the expiration of this period, the fees may be paid in double amount.

When the fees are paid, a decision is made to register the design and a registration certificate is issued within one month. If the fees are not paid, the application is considered withdrawn.

Deferment of registration publication

At the discretion of the applicant, the publication of the registered design may be deferred for a period of up to 30 months from the date of submission of the application, respectively from the priority date. The request for postponement of the publication of the registration can be made only with the application for registration and must be accompanied by a document for paid fee. In the case of a multiple application, the request to postpone the publication may relate only to part of the designs. The deferred publication means that in case of a decision for registration of the design, it is entered in the State Register of Industrial Designs, but public access to the registered design and its file is not provided.

A notice of deferment of publication of the registered design shall be published in the official bulletin, containing the identification of the holder of the design, the date of submission of the application, respectively the priority date, and the registration number of the design, but without images of the design itself.

It is possible to grant access to the design, the publication of which has been postponed based on written consent from its owner or when an interested party proves that a design infringement case has been brought against him.

If the applicant has made a request for deferred publication, an additional request is required for its publication. It shall be submitted by the holder of the design no later than the 27th month from the date of submission of the application, respectively the priority date, and shall be accompanied by a document for paid publication fee, and in case of multiple application - a document for paid additional fees according to the number of designs.

Where the document is not accompanied by a document for paid fee, the holder is given a one-month period for its payment, which is within the total 30-month period. If no request for publication has been submitted within the period for deferred publication and / or the fee has not been paid, the design application shall be considered withdrawn.

If the request for publication is filed in time and the publication fee is paid, the registration of the design shall be published in the official bulletin of the Patent Office immediately after the expiration of the 30-month period. The publication must also indicate that the application contained a request for deferment of publication.

Changes to the application made by the applicant

Pending a decision on the application, the applicant may withdraw it in respect of all or part of the designs. No changes may be made to the application, except where there is a change or an obvious error in the name and address of the applicant needs to be corrected, provided that these corrections do not affect the design.

icon phone icon mail icon Facebook Twitter LinkedIn
E-Services
Contact us 02/9701 321
services@bpo.bg