Possibility to issue a certificate

Medicinal product/plant protection product

The certificate is issued if in Bulgaria on the date of filing the application with the Patent Office:

• the product is protected by a valid basic patent;
• a valid marketing authorization has been granted as a medicinal product or as a plant protection product in accordance with the current EEC Directive;
• the product has never been the subject of a certificate;
• the authorization referred to above is the first marketing authorization as a medicinal product or as a plant protection product.

  The holder of more than one patent for the same product cannot obtain more than one certificate for that product. However, where two or more applications relating to the same product and arising from two or more holders of different patents are pending, a certificate for that product may be issued to any holder of a basic patent.

  The application for a certificate shall be submitted within six months of the date on which the marketing authorization was granted for a medicinal product or for a plant protection product. Where the marketing authorization was granted before the grant of the basic patent, the application for the certificate shall be filed within six months of the date on which the publication of the patent was made.