Procedure and requirements for receiving patents and utility model registration in Bulgaria

The Bulgarian patent /utility model/ legislation is harmonized with the European patent legislation /of other European countries/, incl. European Patent Convention.

The application for receiving patents and utility model /UM/ registrations in Bulgaria should be filed with the Patent Office of Bulgaria /BPO/ according to the Act on patents and registration of utility models /APRUM/, last amended and supplemented October 2020 /up to now, this amended version is not translated. There is an English version only of previous amendments and supplements, of December 2019, on the BPO site/. Furthermore, during the application and examination procedure, an important and relevant document is the Regulation about preparing, filing, and examination of patent /UM/ applications /Regulation/ (there is no English version on the BPO site).  

Representation /Art. 3 of APRUM/

  1. (amend. 2020) Any person, who under this act has the right to undertake actions before the Patent Office, may do so in person, through attorney-at-law or an industrial property rights representative.
  2.  (amend. 2020) Any person according to (1), who does not have settlement in the Republic of Bulgaria or in other member state of the European Union, in a state party of Agreement about European Economic Area, or in the Swiss Confederation, shall act before the Patent Office through attorney-at-law or an industrial property rights representative.

Rules for presenting the documents and for correspondence /new Art. 4a/

Art. 4a. (1) All documents in the procedures before the BPO are presented in Bulgarian or with translation in Bulgarian.

Fees /Art. 5 of APRUM/

There are no amendments in Art. 5 concerning fees for patents and UM and in the respective Tariff of fees, collected by the BPO.

Fees of Art. 1 (1), pages 1-2, concern national patents, point 16 (page 2) concerns maintenance of patents, and Art. 1 (3) (pages 4-5) concern UM.

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Drawings /Figures/

The technical requirements for the drawings of the invention and UM are defined in the Regulation, above mentioned:

 Art. 16. The drawings for explanation of the invention should be designed as follows:

  1. They are performed with dense black lines on the sheet of white paper in A4 format (210 x 297 mm), wherein the minimum margins are:

Top – 2.5 cm

Left – 2.5 cm

Right – 1.5 cm

Bottom – 1.0 cm

  1. When on one and same sheet of paper more than one figure are placed, they are placed on a distance at least 3 cm, wherein every figure is separate numbered, the number corresponds to its number in the Description of figures within the Description of the invention; before the number it is written “fig.”; when one figure is placed on more than one sheet of paper, its separate parts are placed in such a way that lets their assembling into general figure without gaps, wherein they are numbered with one and the same Arabian figure, followed by consecutive letters;
  2. The drawings are performed according to the rules for designing of technical drawings and in such a scale in order to be reproduced and to be  sufficiently sharp by diminishing up to 2/3;
  3. The drawings should not contain any sizes, captions, tables and specifications, except for extremely necessary single words as “water”, “steam”, “open”, “closed” etc.
  4. The presented on the drawings units and details are marked with the same figures and letters as they are marked in the Description; one and the same detail or unit  on all figures is marked with one and the same figure or letter;
  5. Designations of the  details or units are placed one towards other on sufficient distance, necessary for making corrections; the figures and letters should be with height at least 0.32 cm; all enclosed pictures, plots, nomograms, diagrams etc. are considered as drawings.

From the practice:

The number of the drawings and their views are not limited, it should be reasonable in order better to explain the essence of the invention. 

Industrial Property (IP) Representative

Author name: Rumyana

Rumyana is an Industrial Property (IP) Representative before the Patent Office of Bulgaria, a former patent examiner at the Patent Office in the field of Chemistry, incl. Pharmaceutical Chemistry, Biochemistry.