Legal basis for registration of utility model:
Law on Patents and Utility Model Registration
Registration of Utility Model with two easy steps:
Step 1
The Application for utility model registration
shall be filed with the Patent office, and shall comprise:
1. a request ( the Form) for registration (signed and pointed out the name and address of the applicant/ and of the inventor, where the applicant is not the inventor.):
2. a description of the utility model:
3. drawings, if needed:
4. claims:
5. an abstract:
6. a document certifying payment of the filing and examination fee,
as well as
7. a power of attorney, where the application is filed through an IP representative:
8. a priority declaration and a priority certificate, where priority is claimed, and a document
certifying payment of the priority fee:
9. a declaration as to the true inventor and for establishing the right to file, where the applicant is not the inventor.
The documents shall be submitted in the Bulgarian language, except for the priority certificate.
The description, drawings, claims and abstract shall be furnished in two copies.
Examination:
The Patent Office conducts Examination of the Formal Requirements.
If deficiencies are ascertained, the applicant shall be informed thereof and shall be given one month to correct them.
When the application satisfy the formal requirements it shall be examined by an examiner from the Examination Department as to whether:
1. The application meets the requirements of the prescribed content about description, (contains an indication of the utility model title, its application, and one or more
embodiments disclosing its technical essence. It may contain also an indication of the prior art, as far as known to the applicant, as well as the advantages of the utility model),
claims, abstract and any drawings.
2. The application meets the requirements of Unity (the application have to relate to one utility model only or to a group of utility models so linked as to form a single general inventive concept).
3. The utility model applied for registration does not sought for biotechnological inventions, methods, chemical compounds or the use thereof (which is unacceptable).
4. The utility model as disclosed in the application is not in evident contradiction with the requirement of industrial application.
If deficiencies are ascertained, the applicant shall be informed thereof and shall be given 3 months to furnish his arguments and/or make amendments to the application.
Search report (State of the Art)
The applicant may file (if so decide) a request for state of the art search, subject to payment of the prescribed search fee.
During the term of validity of the utility model registration, any person may file a request for state of the art search, subject to payment of the prescribed search fee.
Suspension of Registration is possible upon request within three months following the filing date of the application (no fee is provided).
The applicant may request suspension of the registration of utility model for a period of 15 months of the filing date or the priority date, as appropriate.
Step 2
Where no discrepancies are found as a result of the examination, or the discrepancies are eliminated, the applicant shall be invited to pay, within a one-month time limit, the fees for registration, issuing a registration certificate, publication of the description, drawings, claims and abstract, as well as a fee for publication in the Official Bulletin of the Patent Office.
If the applicant fails to pay the fees, the application shall be deemed to be withdrawn.
If all the fees are duly paid, a decision shall be taken within 14 days to register the utility model, and the latter shall be recorded in the State Register of Utility Models.
A publication shall be made in the Official Bulletin of the Patent Office within one month following entry of the utility models into the State Register.
Within one month following the above-mentioned publication, a utility model registration certificate shall be issued and the description, drawings, claims and abstract shall be published.
Defensive Actions
Cancellation
General information
Who can file a request for the cancellation of my utility model?
Everybody can file it (art. 55 (2)).
Can I file a request for the cancellation of someone else’s utility model?
Yes.
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
No (art. 56(2)).
Who will take a decision on the cancellation?
Department of disputes.
Links
Proactive Measures
Action for damages
Customs Seizure
General information
What does customs seizure mean?
It concerns goods that are protected by patent or registered utility model or SPC (art. 83).
How to proceed
Instruments
Preservation of Evidence
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INFORMATION ABOUT FEES
Comment section:
Filling fee for a utility model application shall be paid at 50%, provided that the applicants are the inventors themselves, micro- or small enterprises under the Law on the Small and Medium-Sized Enterprises, state or public schools, state higher educational establishments or academic research organizations financed by the state budget.
According to the Tariff of the fees collected by the Patent Office of the Republic of Bulgaria the following fees shall be collected for utility models:
1. Filing of applications –50 BGN.
2. Formal examinations –200 BGN.
3. Claims of priority – for each priority –20 BGN.
4. Search at applicant’s or other person’s request –200 BGN.
5. Examinations of a utility models at the applicant’s or other person’s request –200 BGN.
6. Registration of utility models –100 BGN.
7. Grant of registration certificates –50 BGN.
8. Publication of patent description, drawings, claims or abstract:
a) up to 10 pages –100 BGN;
b) for each page after the 10th – 12 BGN.
9. Publication in the Official Bulletin of mentions of registered utility models (independent claims
included):
a) up to 5 independent claims – 50 BGN;
b) for each independent claim after the 5th – 6 BGN.
According to the Law on patents and utility model registration, in force as from 09.11.2006,
the validity term of the utility model registration shall be 4 years as of the filing date of the application. It may be extended by two consecutive three-year periods.
The total term of validity may not exceed 10 years as of the filing date of the application.
The term of validity of a utility model registration shall be extended at the request of the owner accompanied by a document certifying payment of the prescribed fee.
Each extension request shall be filed during the last year of the preceding term of validity of the registration.
In case of failure to observe the above-mentioned term the validity of the utility model registration may still be maintained if the owner files a request and pays the fee at twice the rate within 6 months following expiration of the term.
According to the Tariff of the fees collected by the Patent Office of the Republic of Bulgaria
the following fees for the extension of registration terms shell be collected:
for the 5th to the 7th year – 300 BGN
for the 8th to the 10th year – 400 BGN