Patent in Bulgaria: A Complete Guide to Patent Registration and Protection

By Konstantin Tahtadjiev, K TAHTADJIEV

When it comes to intellectual property, a patent offers invaluable protection for innovations, inventions, and new technologies. Bulgaria, as a member of the European Union and a signatory of various international IP agreements, provides an efficient legal framework for securing patents. This article outlines the crucial aspects of patenting in Bulgaria, including what can be patented, the registration process, costs, and the reasons for patent refusal. By the end of this guide, you’ll have a comprehensive understanding of how the patent system works in Bulgaria.

Contents

1. What Can Be Registered as a Patent in Bulgaria?

2. Reasons for Refusal of a Patent Application in Bulgaria

3. The Patent Registration Process in Bulgaria

4. Documents Required for Patent Registration in Bulgaria

5. Patent Invalidation Process in Bulgaria

6. Patent Costs in Bulgaria

7. Why File a Patent in Bulgaria?

8. Conclusion

1. What Can Be Registered as a Patent in Bulgaria?

In Bulgaria, a patent can be granted for inventions that meet the following criteria:

• Novelty: The invention must be new and not part of the public domain. This means it should not have been disclosed to the public in any form, anywhere in the world, before the filing date.
• Inventive Step: The invention must involve an inventive step, meaning it should not be obvious to someone with technical knowledge in the relevant field. It must offer a new or alternative solution to a technical problem.
• Industrial Applicability: The invention must be capable of being used or produced in some kind of industry, which includes any kind of manufacturing or commercial application.

Common examples of inventions that can be granted a patent in Bulgaria include:

• Mechanical devices and systems
• Pharmaceutical compositions or medical devices
• Chemical substances and new material compositions
• Software algorithms that can provide technical solutions when embedded in hardware (depending on their technical nature)

However, not all ideas or creations can receive a patent in Bulgaria. The Bulgarian Patent Office (BPO) will not grant patents for:

• Discoveries, scientific theories, or mathematical methods
• Aesthetic creations like designs (which are protected under design law)
• Business methods or abstract ideas that do not provide a technical solution
• Methods of performing medical treatment (though medical devices related to treatment can be patented)
• Software and computer programs

2. Reasons for Refusal of a Patent Application in Bulgaria

A patent application in Bulgaria can be refused for several reasons. The most common causes for rejection include:

• Lack of Novelty: If the invention has already been publicly disclosed in any form before the filing date (through publications, patents, or use), the patent application may be denied.
• Obviousness: If the invention does not involve an inventive step and is considered obvious to someone skilled in the relevant field, the application will be rejected.
• Insufficient Disclosure: If the application does not adequately describe the invention or how it works (so that someone skilled in the field can reproduce the invention), it will be refused.
• Non-Patentable Subject Matter: As mentioned earlier, business methods, abstract ideas, purely aesthetic creations, and computer programs cannot receive a patent in Bulgaria. If the application falls under these excluded categories, it will be rejected.
• Failure to Meet Formal Requirements: If the application does not meet the specific formal requirements, such as incomplete or incorrect documents, it may be refused until corrections are made.

3. The Patent Registration Process in Bulgaria

The process for registering a patent in Bulgaria is straightforward but requires attention to detail. The steps involved are as follows:

1. Pre-Filing Search: Before filing an application, it’s advisable to conduct a preliminary patent search to determine if the invention is already patented or disclosed. While the Bulgarian Patent Office (BPO) offers a search service, many applicants also perform searches through global patent databases (e.g., EPO or WIPO).

2. Filing the Application: The patent application must be submitted to the BPO. The application must include a detailed description of the invention, claims that define the scope of the patent, and any necessary drawings or diagrams, as well so to comply with the national requirements, e.g. to be filed in Bulgarian language

3. Examination: After filing, the BPO will conduct a formal examination to ensure the patent meets all legal requirements. The application is then published at the 18 months as of the filing/priority date, unless accelerated publication has been explicitly requested. Within 3 months from the publication of the Bulgarian patent application, any person may file written substantiated objections concerning the patentability of the subject matter of the application. Examination is conducted afterwards which checks if the invention meets the requirements of novelty, inventive step, and industrial applicability. Also read how to register a design in Bulgaria.

4. Grant of Patent: If the Bulgarian Patent Office is satisfied with the application and examination, a patent in Bulgaria will be granted, and the invention will be protected for up to 20 years, as long as the granted patent is maintained by paying the renewal fees annually.

5. Opposition/Invalidation Period: After the patent is granted, third parties can challenge the patent validity at any time.

4. Documents Required for Patent Registration in Bulgaria

To file a patent application in Bulgaria, the following documents are required:

• Patent Application Form: A completed form outlining the details of the applicant(s), inventor(s) and the invention.
• Description of the Invention: A detailed and clear description of the invention, including how it works and its technical features.
• Claims: The claims define the scope of protection sought by the applicant. 
• Drawings or Diagrams (if applicable): Any visual representations of the invention that help explain its technical nature.
• Abstract: A short summary of the invention, usually no longer than 150 words.
• Priority Document (if applicable): If you are claiming priority from a previous application filed in another country, you must provide a priority document.
• Proof of Payment: The application filing, priority (if any), search, examination and publication fees must be paid at the time of submission.
• Language: All documents, except the priority certificate, must be in Bulgarian language. The documents can be filed in any language, but translated into Bulgarian within the prescribed time limits

5. Patent Invalidation Process in Bulgaria

Once a patent is granted, any third party can file an objection. The grounds for invalidation can include:

• Lack of novelty or inventive step
• The invention is not industrially applicable
• Non-patentable subject matter

The Bulgarian Patent Office will examine the invalidation and, depending on the outcome, may revoke or amend the patent. If the invalidation is successful, the patent may be entirely or partially invalidated.

6. Patent Costs in Bulgaria

The costs associated with patent registration in Bulgaria include:

The patent registration cost in Bulgaria via the iPNOTE platform starts from as low as $794, which includes all government fees and document preparation. Find the best IP attorney in Bulgaria on iPNOTE.

7. Why File a Patent in Bulgaria?

There are several reasons to file a patent in Bulgaria, including:

• Strategic Location: Bulgaria is situated at a strategic crossroads between Europe, Asia, and the Middle East, making it an excellent location for protecting innovations that have international potential.
• Cost-Effective: Compared to other European countries, patent registration in Bulgaria is relatively affordable, particularly for small and medium-sized enterprises (SMEs).
• Strong IP Enforcement: Bulgaria has a robust legal system for enforcing intellectual property rights, with access to EU-wide IP protection 

8. Conclusion

The patent system in Bulgaria offers inventors and businesses strong protection for their innovations. By understanding what can be patented, the process involved, and the costs associated, inventors can better navigate the system. Filing a patent in Bulgaria not only provides national protection but also opens up access to broader European markets. Whether you’re a startup, a multinational company, or an individual inventor, securing a patent is an essential step toward protecting your ideas and gaining a competitive edge in the marketplace.

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