The applicant uses the so-called “provisional protection”. The provisional protection has a retroactive effect from the publication of the application. In order to be effective, however, the patent must subsequently be granted. That’s why…

The duration of the procedure does not matter.

Each filed application is subject to check whether the application fees have been duly paid. A review of the formulation of claims and checking of the applicability of the invention is following. Claims need to be clear and precisely

formulated and well supported by the description. A patent search is carried out in the procedure of examining patent applications for an invention. It is accompanied by an analysis of whether the invention is new and whether involves an inventive step. The procedure of examination of patent applications in Bulgaria is conducted by a patent examiner from BPO. The applicant may file the application in person or through a local industrial property representative. The industrial property representatives for patents are better known as patent representatives or patent attorneys in Bulgaria.

The use of a representative does not guarantee the applicant that the patent shall be granted. However, it can contribute greatly to this. The functions of the patent attorney are to take care of the correct drafting of the patent application with its accompanying claims and description. He must take care to monitor the deadlines in the procedure, as the Bulgarian Patent Office has no practice of reminding about their expiration. The patent attorney shall correspond on behalf of the applicant with the patent examiner during the patent procedure in Bulgaria.

The proceedings in the Bulgarian Patent Office go through certain stages, which have specific requirements. If the requirements during some of the stages are not met, then a patent examiner from the office “warns” the applicant and possibly gives him a certain period in which these irregularities can be eliminated. Observance and monitoring of these deadlines is the sole responsibility of the applicant or his representative if any. In general, the procedure of a patent application for an invention can be divided into the following stages:

The patent application is filed with the Patent Office and is entered in the State Register of Patents. The way of drafting the applications and the procedure for filing is regulated by the Regulation of the Council of Ministers. The date of filing the application is considered the date of receipt in the Patent Office of the following documents: patent application with the name of the invention for which the patent is requested, as well as with the identification data of the applicant in Bulgarian; a description of the invention disclosing at least its essence. The patent application, in addition to the mandatory documents, must also contain: one or more claims; drawings, if necessary to illustrate the invention; abstract;

declaration, and priority certificate when priority is claimed. If the applicant files the application through an industrial property representative, a power of attorney shall be attached to the application. Preparing the full set of documents is not an easy task for people without experience in these activities. It is advisable to use the services of a patent attorney in case of difficulty in performing this task. In most cases, professional assistance is critical to the “future” of the patent application. The actions of an applicant or representative without previous experience can often be irrevocable and irreversible… (See more about the content of patent applications for an invention ).

Within one month from the filing of the patent application, for each application with an established filing date, a check is made as to whether the application form has been filled in correctly and whether the content of the application is complete. When deficiencies are found, the applicant shall be notified and given a period of three months to remedy them. At this stage it is extremely important to correctly determine the application

fees and their payment. Where a patent application is not accompanied by a document on fees paid, the applicant shall be given a period of three months to pay.

Consultation with a patent attorney before filing the application would be crucial. Applicants may benefit from certain fee reductions and prior consultation may be helpful.

A preliminary examination shall be carried out within three months following the formal examination. The claims, description, and abstract are checked. When deficiencies are found, the applicant shall be notified and given a period of three months to remedy them. During the preliminary examination, it is checked whether the object of the

application is considered an invention. It is also considered whether the invention itself is not excluded from protection) (see more about the invention ). Where such deficiencies are found, the applicant shall be notified and given three months to reply.

The application for which the request has been filed and the fees have been paid shall be published in the Official Bulletin of the Patent Office immediately after the expiration of the 18th month from the date of filing, respectively from the priority date. Simultaneously with the publication of the application, the Patent Office shall provide access to the description,

claims, and drawings. Within three months of the publication of the application, any person may file written objections to the patentability of the claimed invention, supported by evidence. The persons who filed an objection do not become participants in the proceedings on the application.

For each application for which a request has been submitted and the fees for search and examination have been paid, an examiner from the examination department searches the state of the art and prepares a search report, as well as a written opinion on the patentability of the invention according to the patentability criteria – novelty, inventive step and industrial applicability… ( see more about this )

Patent Search in Bulgaria

The report, opinion, and written objections, if any, must be sent to the applicant no later than 9 months after the publication of the application. Unfortunately, this term set by the law is not preclusive and is often delayed due to the accumulation of applications in the examination department. Within three months of receiving the documents, the applicant may file amendments to the application and comment on the opinion and the received objections. Where the opinion finds that the invention is not patentable because it does not meet the criteria for patentability and

the applicant does not respond within the deadline, does not overcome the deficiencies or unreasonably objects, a decision for refusal the grant a patent shall be issued. If the examination establishes that the claimed invention is patentable, but the description and/or patent claims do not meet the requirements for their drafting and content, the applicant is invited to correct them within three months.

Termination of an application in the procedure of examination

If within the given term the applicant does not make the necessary corrections, does not answer or objects unreasonably, a decision for termination of the proceedings on the application shall be issued. Therefore, in order to prepare a well-reasoned reply or to make changes to overcome the deficiencies identified in the opinion, it is advisable to seek the assistance of an industrial property representative to carry out the communication on behalf of the applicant.

When after the examination and correspondence with the applicant it is established that the invention is patentable and the requirements for claims, description, and abstract are met, the applicant is sent a written notice for payment of fees, in which a decision is made to grant a patent only when fees are paid. In the Official Bulletin of the Patent Office

a publication for the grant of a patent shall be made immediately after the expiration of three months from the taking of the decision. Within one month from the publication a patent is issued and the description, claims, and drawings to the patent are published. Thus, the applicant becomes a patent owner, ie. receives a patent.

Every patent owner has the responsibility to keep in force his patent in Bulgaria. If the patent expires, the patent owner loses the exclusive rights to his invention and it becomes free for everyone to use. The main obligation that the patent owner has is to pay annual fees. When the annual fees are not paid, the patent ceases to operate (expires), and this is irreversible, ie. a monopoly right for the same invention can no longer be obtained. In addition to paying annual fees, the proprietor must defend his patent under

various cases, one of which is the invalidity procedure in which patent protection is attacked. This procedure is called a “patent dispute” and is conducted before a panel in the Patent Office. The payment of annual fees is often missed because patent holders have many different responsibilities, which is why the services of a patent attorney are often sought for this. As far as the invalidity procedure is concerned, protection by a professional representative may be the best advantage for the patent owner.