Utility Model in Bulgaria
What is Utility Model?
Technical solutions (inventions) are protected by the utility model. They are often called “small patent” or “small invention”. Unlike patents for inventions, utility models come at a much lower price and the procedure for their protection is shorter. This form of protection of invention is granted by certificate for registration of utility model. The utility model must be new, involve an inventive step and be industrially applicable to be registered.
The utility model is new if it differs from the known technical solutions in a certain field, i.e. not to be part of the state of the art. If the utility model achieves a new and unexpected technical effect, it is considered to involve an inventive step. The ability of a utility model to be reproduced repeatedly is an indication of industrial applicability. The difference between these criteria is that the utility models have a lower level of inventiveness than the patent… (Learn more about technical solutions).
Certificate for registration of Utility Model
The Certificate for registration confers the monopoly (exclusive) right of the holder over the technical decision disclosed therein. This enables the holder: to use the technical solution, to prohibit third parties from using it without his consent, and the right to dispose of it. The term of protection by certificate for registration of utility model is 4 years. This period can be extended to 7 or 10 years. The exclusive rights cover only the territory of the country in which the protection document was issued. It is important to know that not all countries provide registration of utility models.
Bulgaria is one of the countries that provide the opportunity for registration of utility models, which is set out in the Law on Patents and Registration of Utility Models.
Utility Models outside Bulgaria
Apart from Bulgaria, at the moment the countries that support legislation in the field of registration of utility models are:
Albania, Angola, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Belarus, Belize, Brazil, Bolivia, China, Colombia, Costa Rica, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Indonesia, Ireland, Italy, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Malaysia, Mexico, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Russia, Slovakia, Spain, Taiwan, Tajikistan, Trinidad and Tobago, Turkey, Ukraine, Uruguay, Uzbekistan, the Czech Republic, Chile, and Japan. *
In some of these countries, it is possible for an International (PCT) application to enter a national phase with a utility model. This is a commonly used approach when the search report in the PCT procedure contains documents that challenge the inventive step. The reverse approach is also applicable if the country from which the PCT procedure is initiated maintains the possibility to request utility models and in the event of a positive report from an international search authority. In this case, the initial cost of the procedure is lower because it starts with an application for registration of a utility model, but can later lead to obtaining a patent… ( Learn more about the PCT procedure )
* The list of countries is subject to change. It is a good idea to carry out an inspection before applying for registration of a utility model in the country concerned.
Preliminary search
It is advisable to conduct a preliminary patent search. It provides information about the state of the art, ie. what became publicly available before the application was filed. With this in mind, any utility model applicant should be aware that without such preliminary search, its registration will be vulnerable to attacks from competitors.
Preliminary patent searches can protect anyone who has decided to register a utility model. In addition, they provide valuable information on how to prepare the application and whether it makes sense… (Learn more about preliminary patent search ).
What is the procedure?
In order to get registration of utility model in Bulgaria, firstly it is necessary to prepare and file an application for registration of a utility model before the Patent Office of the Republic of Bulgaria. Each duly filed application is subject to formal examination. During the examination analysis and assessment are made of whether the application is drafted according to the requirements of the legislation. The claims and description have strict wording and content. They must meet certain criteria and describe the solution in technical terms. Applications for utility models are not subject to examination and are not assessed for
patentability during the procedure. However, these can always be done after the issuance of a certificate for registration of the utility model. A utility model can generally protect the following types of objects: product, device, machine or system of devices, composition, as well as a product consisting of or containing biological material. It is therefore important to make a preliminary assessment of whether to approach protection through the registration of a utility model, or to seek protection through a patent for invention) (Learn more about a patent ).
Procedure for registration of a utility model in Bulgaria
The procedure for registration of utility models in Bulgaria is short. Each duly filed application is subject to examination, during which it is checked whether the application fees have been duly paid and the wording of the claims is considered. Claims need to be clearly and precisely formulated and well supported by the description. Unlike the procedure for patent applications for the invention which are subject to search, the application for registration of a utility model is not subject to search and analysis whether it is new and whether involves an inventive step. This results in a multiple shortening of the period in which the decisions for registration of utility models are issued.
A registration certificate is issued much faster than a patent. However, this difference in procedures can cost owners a lot. The requirements for novelty, inventive step and industrial applicability are considered in a procedure for invalidity of registration. The application for registration of a utility model must include a description, claims and drawings (if necessary). The most important moment in the drafting of the application is the drafting of the claims, as they determine the scope of legal protection. The preparation of claims requires specific knowledge and extensive experience, as there are strict rules for their content.
UTILITY MODEL IN BULGARIA
1. Description of Utility Model
The description of the application must fully disclose the technical decision so that each specialist in the relevant technical field can reproduce the utility model. The description must clearly explain and contain sufficient and complete information on the technical field,
the prior art, the technical nature, description of the drawings (where applicable), exemplary embodiment, and industrial applicability (use). This information becomes the basis on which the claims of the application are drafted.
2. Claims
The claims determine the scope of the monopoly rights granted by the utility model. There are strict rules for formulating the claims, which are determined by the Bulgarian Patent Office. Claims must be clear and precise and must be based on the description of the application. It is important to include in the claims these elements (signs) of
the technical solution for which protection will be sought with a utility model registration certificate. These features must be described in full in technical terms and expressions, which may be: the elements of the technical decision itself, their mutual arrangement, and/or the links between them.
3. Drawings (figures)
Figures and drawings may be submitted with the application for registration of a utility model. They are a good addition to give a visual idea of the features of the technical solution, but are not applicable to all types of applications. It is important to know that after filing the
application, changing the drawings or adding new ones is made extremely difficult and such are allowed only in special circumstances.
4. Abstract and Filing form
The abstract to the application for registration of a utility model is intended only to inform third parties. It does not in any way affect the scope of protection of the utility model. The only requirement for the abstract is to be short and to have a technical focus.
The filing form must clearly indicate the applicant’s intention to seek the protection of a utility model through registration with the Bulgarian Patent Office. In order to clearly indicate this intention and for the convenience of the applicants, the filing form for registration of a utility model has a standard form.
OUR EXPERIENCE
We at BV & Ko, as industrial property representatives in the field of patents and utility models, guarantee to the clients of our engineering patent law firm BV & Ko that we have many years of experience in the preparation and processing of applications for registration of utility models, which contributes to the provision of professional services in the preparation of utility models in Bulgaria.
We are ready to fully prepare all the documents of your application for registration of a utility model.
Our experience in drafting utility models has taught us to provide fast service at a reasonable price. We have the confidence to set low deadlines (up to 3 months*) for reaching a decision for registration of a utility model through our representation before the Bulgarian Patent Office. When working with us, you guarantee a reliable partner with extensive engineering knowledge and rich skills in the preparation of the package of documents for registration of a utility model. Whether you need assistance in preparing a utility model or you want quick protection of innovation, we are here for you.
