The right to a design is acquired through its registration with the Patent Office.
The right of application belongs to the author or his assignee.
Any person who has a permanent address or registered office in the Republic of Bulgaria may file an application for industrial design with the Patent Office in person or through a local industrial property representative. Persons who do not have a permanent address or registered office in the Republic of Bulgaria are obliged to file applications for industrial designs with the Patent Office through an Industrial Property Representative.
To obtain a design registration, it is necessary to file an application with the Patent Office of the Republic of Bulgaria - directly, by mail, by fax or electronically. Where the application is by fax, the originals of the documents must be received at the Patent Office within one month of the date of the facsimile. The date of dispatch of the facsimile must be clearly indicated on the original documents sent.
The scope of legal protection is determined by the image, respectively by the images of the registered design and extends to each design, which does not create in the informed user a different overall perception.
The person created design shall have the right to authorship under the IDA. This right shall be termless and not transferable.
When the design has been created by two or more persons the right to ownership occurs for all the persons and they shall be co-authors.
The author or the co-authors of the design shall be pointed out in the certificate for registration and in the publication about it which shall be monitored ex officio by the Patent Office.
A person who till the date of submitting an application for registration of a design has use in good faith the design on the territory of the Republic of Bulgaria or who has implemented the necessary preparation for this shall have the right to use it in the same extent also after this date.
The announcement of a design - subject to application for registration, shall not affect its novelty when this announcement is made in 12 months term before the date of submitting the application, respectively the priority, by:
Right to priority of the applicant shall be recognised from the date of the previous application under the condition that:
For each application with a set filing date, it is checked whether a document for paid fees for application and expertise is attached. 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 this period, the fees may be paid in double amount. If the fees are not paid within this period, the application is considered withdrawn.
The documents and data are presented in Bulgarian. When they are presented in another language, in order to preserve the filing date, it is necessary to present them in Bulgarian within two months from that date.
Within two months from the presentation of the document for paid fees, a formal expertise is performed. Where deficiencies are identified in the course of the formal expertise, the applicant shall be notified and given a two-month period to remedy them. If within this period the applicant does not respond, does not eliminate the deficiencies or unreasonably objects, a decision shall be made to terminate the proceedings.
Within two months from the completion of the formal expertise, an examination shall be carried out on each application as to whether the requested design (s) meet the criteria set forth in Art. 3 and Art. 11, para. 2, item 1 of the IDA, namely, whether the claimed object is a design within the meaning of the IDA and whether it does not contradict public order or good manners.
If the requested industrial design (s) meets the above conditions, after payment of registration and publication fees a decision for registration is issued and the design is published in the Official Bulletin of the PO. If the requested design (s) does not meet the specified requirements after correspondence with the applicant a decision is made to refuse registration. Decisions to terminate the proceedings on the application or to refuse the registration may be appealed within three months before the PO.
There is a possibility for the applicant to request with the submission of the application a deferment of the publication of the registration of the design, if it is registered, for a period of up to 30 months from the date of submission of the application, respectively from the priority date.
In case of multiple requests, postponement of the publication may be requested only for some of the designs.
The request for postponement of the publication of a registered design should be accompanied by a document for paid fee for this, determined by the Tariff for fees collected by the PO.
It is possible to include several designs in one application if the products in which the designs are included or to which they are attached belong to the same class of the International Classification of Industrial Designs under the Locarno Agreement or to the same set or composition of articles. When the products in which the designs are included or to which they are attached are ornaments, this condition does not apply.
Only changes in the name or address of the applicant are allowed. It is possible to correct mistakes in the name or address of the applicant and obvious mistakes. These corrections must not affect the design.