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Legislative Implementation of Flexibilities - Bulgaria

Title:Articles 37 and 46a of the Law on Patents and Utility Model Registration No. 27/2 of 1993 as last amended on 20/07/2007
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Description of Invention

Article 37

(1) The description shall contain the title and the technical field to which the invention belongs; the prior art, as far as known to the applicant, with citation of the documents in which it is described; clear and adequate disclosure of the essential technical features of the invention and its advantages, in such manner that the invention may be carried out by a person skilled in the art; brief explanations of the drawings and at least one embodiment of the invention using examples, if necessary, and reference to the drawings, if any, as well as the manner of working the invention in industry, where this is not obvious from the description or the character of the invention.

(2) Where the patent application refers to the use of biological material or to material such that is not available to the public and cannot be described in the patent application in such a way as to enable the invention to be carried out by a person skilled in the art, the description shall contain the biological material deposit data -- the number and date of the deposit and the name and address of the international depositary authority according to Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, the deposit being made no later than the priority date. The description of the application shall contain all information on the characteristics of the deposited biological material the applicant disposes of.

(3) If the biological material is deposited outside the Republic of Bulgaria, the applicant shall, within three months following publication of a mention about the patent application, make a deposit of that material in the National Industrial Microorganisms and Cell Cultures Bank too, so that any person who has the right of access could get a biological material sample in the Republic of Bulgaria in accordance with a procedure as laid down in a regulation of the Council of Ministers concerning the deposit and access for the purposes of patent procedure.

(4) If biological material deposited in accordance with paragraph (3) is no longer available in the National Industrial Microorganisms and Cell Cultures Bank due to the fact that it is no longer viable or for some other reason, the applicant shall make another deposit of the material within a term and in a manner as laid down in the regulation referred to in paragraph (3).

(5) Where an invention relates to a sequence or partial sequence of a gene, the patent application shall contain a disclosure of the industrial applicability of such sequence.

Article 46a (new, State Gazette No. 64/2006, in force as from 09.11.2006)

Within three months following the examination referred to in Article 46, an examiner from the Examination Department shall carry out preliminary examination under Articles 37, 38 and 40. If deficiencies are ascertained, the applicant shall be informed thereof and shall be given three months to eliminate them. If the applicant fails to respond within this period or fails to remove the deficiencies, a decision shall be taken to terminate the procedure.

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