PATENT LAW
Promulgated in State Gazette No. 27/02.04.1993, in force as from 01.06.1993, supplemented by No. 83/01.10.1996, in force as from 01.11.1996, amended by No. 11/29.01.1998, amended by No. 81/14.09.1999, in force as from 15.12.1999, amended by No. 45/30.04.2002, amended by No. 66/09.07.2002, in force as from 09.07.2002.
Chapter One
GENERAL PROVISIONS
Subject Matter
Art. 1. (1) This Law governs relationships occurring in the process of creation, protection or use of patentable inventions and utility models.
(2) The provisions of this Law shall equally apply to foreign natural and legal persons of States party to international treaties to which the Republic of Bulgaria is a party. This Law shall apply to foreign natural and legal persons of other States subject to reciprocity to be determined by the Patent Office. In the case of a bilateral treaty, the provisions laid down therein shall apply.
Inventor
Art. 2. The person who has made an invention or a utility model shall be deemed to be the inventor thereof. If the invention or the utility model was made by two or more persons, the latter shall be recognized as joint inventors.
Right of the Inventor to be Mentioned
Art. 2a. (1) The author of an invention or utility model shall have the right to be mentioned as such in the application, the patent and any publications concerning the invention or utility model. This right shall be personal and non-transferable.
(2) The Patent Office shall ex officio see to it that the inventor (joint inventors) is mentioned in the application and the patent for invention or utility model.
Representation
Art. 3. (1) The applicant, the patent owner or any person entitled under this Law to act in proceedings before the Patent Office may do so either in person or through a local industrial property representative. The Council of Ministers shall issue rules governing
the admittance of such representatives and shall lay down the
requirements that must be satisfied.
Transfer of Rights
Art. 4. All rights afforded by this Law shall be transferable, unless otherwise provided.
Fees
Art. 5 (1) All acts relating to the filing of patent applications, proceedings before the Patent Office, grant, publication and maintenance of patents shall be subject to fees payable in accordance with a tariff established by the Council of Ministers. Fees for filing, examination and appeals against examination decisions shall be paid at a reduced rate according to the tariff, provided that the applicants are the inventors themselves, micro-or small enterprises under the Law on the Small and Medium-Sized
Enterprises, state schools or academic research organizations financed by the state budget.
Chapter Two
PATENTABILITY OF INVENTIONS
Patentable Inventions
Art. 6. (1) Patents shall be granted for inventions in any field of technology, which are new, involve an inventive step and are susceptible of industrial application.
Exceptions to Patentability
Art. 7. Patents shall not be granted for:
Novelty
Art. 8. (1) An invention shall be considered to be new if it does not form part of the state of the art.
(2) The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, anywhere in the world, before the filing date or the priority date, as appropriate, of the application.
(3) The state of the art shall comprise also the content of all national, European and international patent applications designating the Republic of Bulgaria, of which the filing date or priority date, as appropriate, are prior to the date referred to in paragraph 2 and which are published in the Official Bulletin of the Patent Office after that date.
(4) Substances or compositions, comprised in the state of the art under paragraphs 2 and 3, for use in the methods referred to in Article 7, item 2, shall be considered as new, provided that their use is not comprised in the state of the art.
Inventive Step
Art. 9. An invention shall be considered to involve an inventive step if, having regard to the state of the art in accordance with Article 8(2),
at the filing date or the priority date, respectively, it is not obvious to a person skilled in the art.
Industrial Application
Art. 10. An invention shall be considered susceptible of industrial application if it can be made or used repeatedly in any branch of industry or agriculture.
Disclosure Which is not Prejudicial to Novelty
Art.11. (1) A disclosure of the invention shall not be prejudicial to novelty if it occured within six months preceding the filing date or the priority date, as appropriate, of the patent application and if it was in consequence of:
(2) The disclosure referred to in paragraph 1, item 2 shall not be prejudicial to novelty, if the applicant states, when filing the application, that the invention has been so displayed and presents evidence of that within three months following the
Chapter Three
PATENT
Legal Protection
Art. 12. (1) Legal protection for an invention shall be afforded by means of a patent.
(2) A patent shall attest to the existence of a patentable invention, to its priority, to the inventor and to the exclusive right of the patent owner in the invention.
(3) A patent shall have effect with respect to third parties as from the date when a mention of the grant thereof appears in the Official Bulletin of the Patent Office.
Right to File an Application
Art. 13. (1) The right to file an application shall belong to the inventor or to his sucessor in title. Where the right to file belongs to two or more persons it shall be exercised by them jointly. The refusal of one or more such persons to participate in the filing procedure or in the patent granting procedure shall not prevent the others from
carrying out the acts set out in this Law.
Right to a Patent
Art. 14. (1) The right to a patent shall belong to the person who has the right to file an application in accordance with Article 13.
(2) If two or more persons file applications for the same invention at different times, the right to the patent shall belong to the person who was first to file.
(3) If two or more persons file independently of each other
patent applications for the same invention and with the same filing date or priority date, as appropriate, the right to a patent shall belong to each of them.
Service Inventions
Art. 15. (1) An invention shall constitute a service invention if it has been made in the performance of duties under an employment relationship or other legal relationship of the inventor, unless otherwise provided by contract.
(2) An invention shall constitute a service invention III accordance with the preceding paragraph if, in making it:
(3) Where an invention constitutes a service invention in relation to one or some only of several inventors or executants, as appropriate, the prOVISIOns of the preceding paragraphs and of Article 13 shall apply in respect of such inventors, their employers and commissioning persons only.
The remuneration shall be paid by the employer or, where the employer is not the patent owner, by the employer and the patent owner jointly.
(6) If the remuneration referred to in the preceding paragraph is not considered equitable in view of the real profit obtained and the value of the invention, whether on a contractual basis or determined in accordance with the applicable regulations, it may be increased at the request of the inventor.
(7) The employer, the commissioning person, the inventor and the executant shall refrain from any action which infringes the rights referred to in this Article and in Article 13.
Term of Patent
Art. 16. The term of validity of a patent shall be 20 years from the date of filing of the application.
Extent of Legal Protection
Art. 17. (1) The extent of legal protection shall be determined by the claims. The description and the drawings shall be used to interpret the claims.
(2) The claims shall cover not only the elements as expressed in the claims but also their equivalents. An element shall be considered equivalent to an element expressed in the claims where:
the claims, could be obtained by the equivalent element.
Provisional Protection
Art. 18. (1) Provisional protection shall subsist for the period from the publication of a mention of the application up to the publication of a mention of the grant of a patent; the scope of such protection shall be defined by the claims as formulated in the application.
provisional protection, provided that a patent IS granted for the invention concerned.
Contents of the Exclusive Right in an Invention
Art. 19. (1) The exclusive right in an invention shall comprise the right to use the invention, the right to prohibit other persons from using it without the consent of the owner of the patent and the right to dispose of the patent.
acts:
1. making the product;
2. offering for sale, putting on the market, import included, proper use or warehousing of the product for the purpose of offering, putting on the market or use thereof.
(5) Where the subject matter of the patent is a method, the patent owner shall have the right to prohibit others from performing the following acts:
Limitations on the Effect of a Patent
Art 20. The effect of a patent shall not extend to:
Art. 20a. The exclusive patent right in an invention shall not extend to acts relating to a product enjoying patent protection, where that product has been put on the market in the territory of the Republic of Bulgaria by the patent owner or with his consent.
Right of Prior Use
Art. 21. A person who, pnor to the filing date of the patent application, has used the invention in good faith or has made the necessary preparations for its use may continue to use the invention after such date on condition that the volume remains the same.
Right of Subsequent Use
Art. 22. A person who, after the lapse of a patent, has used the patented invention or has made the necessary preparations for such use may continue to use the invention III the same volume after
renewal of the patent under Article 26(2).
Assignment of the Right of Prior Use and the Right of Subsequent Use
Art. 23. The right of prior use and the right of subsequent use may be transferred only together with the enterprise or that part of the enterprise in which such rights have arisen and may be exercised, subject to there being no increase in the volume of such use outside the enterprise.
Secret Patents
Art. 24. (1) Secret patents shall be granted for inventions, which contain classified information representing a state secret within the meaning of Article 25 of the Law on the Protection of Classified Information.
(2) When filing a secret patent application, the applicant must declare that the invention represents a state secret.
Patenting Abroad
Art. 25. (1) Applicants with a permanent address or main-office in the Republic of Bulgaria shall have the right to seek patents for their inventions abroad on the expiry of three months from the date of filing of a patent application for the same invention with the Bulgarian Patent Office, provided that no prohibition under paragraph (2) has been imposed within that period.
(2) The Ministry of Defense or the Ministry of Internal Affairs may prohibit patenting abroad of inventions containing classified information that represents a state secret.
Lapse of Patent
Art. 26. (1) A patent shall lapse:
Infringement of Patent Rights
Art. 27. (1) Any use of an invention protected by a patent made without the consent of the patent owner shall constitute an infringement of the patent.
exercise his own right to institute such proceedings within six months
of the receipt of a written invitation to do so from the licensee.
Patent Infringement Proceedings
Art. 28. (1) Patent infringement proceedings may include:
(2) Where proceedings under the preceding paragraph lead to a conviction, the court may order, at the plaintiffs request:
infringement was carried out.
Burden of Proof
Art. 29. Where the rights of the patent owner under Article 19(5) are infringed, the burden of proving that a product is not produced by the patented method shall be on the infringer, if the product is new.
Preparedness for Licensing (License of Right)
Art. 30. (1) At the request of the applicant or patent owner, and provided that the latter has not yet granted an exclusive license with respect to his invention, the invention may only once be offered for public use.
50 percent, but excluding fees already paid.
Contractual License
Art. 31. (1) An invention for which a patent is sought or has been obtained may be the subject of a licensing contract.
down in of the Law on the Protection of Classified Information.
Compulsory License
Art. 32. (1) Any person concerned may request the Patent Office for grant of a compulsory license to work a patented invention, provided that at least one of the following conditions is met:
(5) A compulsory license may be terminated if within one
year of its grant the licensee has made no preparation for working the invention. A compulsory license shall be terminated in all cases if the licensee fails to start working the invention within two years of grant.
Fees for Maintaining Patent
Art. 33. (1) Annual maintenance fees shall be paid in respect of a patent, each patent year starting from the filing date of the patent application, the first patent year starting from that date too.
Chapter Four
PROCEEDINGS BEFORE THE PATENT OFFICE
Filing of Patent Application
Art.34. (1) Patent applications shall be filed with the Patent Office in the manner and form as laid down by the President of the Office. They shall be recorded in the State Register.
(2) The filing date of the application shall be the date of receipt by the Patent Office of the following documents:
elements.
Contents ofPatent Application
Art. 35. (1) In addition to the compulsory documents referred to in Article 34(2), the patent application shall contain:
industrial property representative, powers of attorney shall also
be attached to the application.
Request for Grant of Patent
Art. 36. The request for the grant of a patent shall contain the name and address of the applicant and of his industrial property representative, where appropriate; the name and address of the inventor; a written statement as to the true inventor; the title of the invention and the particulars of any claimed priority --number, date and country of the priority document, as also a written statement of preparedness for licensing, if the applicant so wishes.
Description of Invention
Art. 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 example of an embodiment of the invention in support of its industrial applicability.
(2) Where the patent application refers to biological material
which cannot be disclosed in such a way as to enable the invention to
be carried out by a person skilled in the art, and such material is not available to the public, the description shall contain a statement that a deposit has been made, giving the number and date of the deposit and the name and address of the international depositary authority. The deposit shall be made no later than the priority date.
Claims
Art. 38. The claim or claims shall define the matter for which protection is sought. They shall be clear and precise and be supported by the description.
Abstract
Art. 39. The abstract shall briefly summanze the nature of the invention and shall serve for information purposes only.
Unity
Art. 40. (1) The application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.
(2) Where the application relates to a group of inventions, the requirement of unity shall be satisfied if there is a technical relationship between the inventions involving one or more identical or similar specific technical features.
Division of Application
Art. 41. (1) If the requirements of Article 40 are not satisfied, the Examination Department shall propose to the applicant that he divide the application within a three-month time limit. If, within this time limit, the applicant files individual applications for the divided parts,
the date of filing or the priority date, as appropriate, of the initially filed application shall be regarded as the filing date of those applications or their priority date, as appropriate, provided that the provisions of Article 34(2) are complied with.
(2) An applicant may divide his application of his own volition up to such time as a decision is taken on it. If, within three months following the division request of the applicant, the divided parts are filed as independent applications, the date of filing or priority
date, as appropriate, of the original application shall be regarded
as the date of filing or priority date, as appropriate, of the resulting independent applications, provided that the requirements of Article 34(2) are met.
Amendments to Applications or Patents
Art. 42. (1) An application or a patent may be amended during the proceedings in the application until such time as a decision is taken or during patent revocation proceedings.
Withdrawal of Application
Art. 43. A patent application may be withdrawn on a written request from the applicant, provided that no patent has yet been granted. In such case, the application shall not be comprised in the state of
Priority Right
Art. 44. (1) The priority right afforded to the applicant shall be the filing date of the application in accordance with Article 34.
Confidentiality of Application
Art. 45. (1) There shall be no access at the Patent Office to patent application documents prior to publication of an application, except where the applicant gives his consent.
Examination
Art. 46. (1) Where the patent application does not satisfy the requirements of Articles 35(1), (3) and (4), 36, 37, 38, 39, 40 and 42, the Examination Department shall inform the applicant of the deficiencies ascertained and shall give him a three-month time limit to correct them. If the applicant fails to respond or to make the corrections within the above time limit, the relevant procedure shall be terminated.
Examination as to Substance
Art. 47. (1) The Examination Department shall investigate the state of the art in accordance with Article 8(2), (3) and (4) in respect of
each application, on the basis of the claims, description and drawings, and shall draw up a search report.
make corrections to the application within a three-month time limit. If
the applicant fails to submit comments within the time limit specified or fails to correct the application, and there are no reasons to keep the application valid, the Examination Department shall take a decision to refuse grant of a patent.
Extension ofTime Limits Art. 48. At the applicant's request, submitted before expiration of the
time limits as laid down in Article 46(1) and (3), Article 47(5) and (6), and Article 58(2), such time limits may be extended by three months, but not more than twice, on payment of the prescribed fees.
Renewal of Time Limits
Art. 49. If time limits are not complied with due to special unforeseen circumstances, such time limits may be renewed at the applicant's request. The request shall be submitted within three months of the reason for failure to comply with the time limit ceasing to apply, but no later than one year after the expiration of the exceeded time limit. The decision on renewal of the time limit shall be taken by the President of the Patent Office.
Publication of Mention of Application
Art. 50. (1) The Patent Office shall publish a mention of the application in the Official Bulletin that follows expiration of the eighteenth month after the date of filing or the priority date, as appropriate, except in those cases where:
1. the application is withdrawn, considered withdrawn, refused, or the proceeding therein are terminated;
2. at the applicant's request, the mention of the application is
published before expiration of such time limit;
Art. 51. A mention of the grant of a patent shall be published in the Official Bulletin of the Patent Office right after the expiration of three months following the decision taking date. A patent shall be granted and the description, claims and any drawings shall be published within one month following publication.
Other Publications Art. 52. The Official Bulletin of the Patent Office shall publish data on the legal status of applications and patents granted, fee rates,
instructions, and the like.
Fees for Grant and Publication of Patents
Art. 53. The publications referred to in Article 51 and the grant of a patent shall be subject to the payment of fees within a term of three months following receipt of the invitation referred to in Article 47(7). If the applicant fails to pay the fees within the prescribed time limits, he may do that subsequently, within a onemonth period, at twice the normal rate.
Chapter Five
DISPUTES
Disputes Procedure
Art. 54. Disputes ansmg from the creation, protection or use of inventions and utility models shall be heard and settled under administrative, court or arbitration procedures.
Administrative Procedure
Art. 55. (1) The following decisions of the Examination Departments
may be appealed before the Disputes Department of the Patent Office:
(2) The Disputes Department shall also consider:
Time Limits for Appeal
Art. 56. (1) Appeals under Article 55(1) and (2)2 shall be filed by the persons concerned with the Disputes Department within three months of receipt of the decision, accompanied by proof of payment of the fee.
(4) In the event of failure to comply with time limits or to pay
fees, the appeal and the requests shall not be considered.
Appeals Authority
Art.57. (1) Appeals shall be heard by specialized boards of the Disputes Department appointed ad hoc by the President of the Patent Office.
(2) Decisions on appeals under Article 55(1) shall be taken by a board of three experts, of which one shall be a legal expert. Decisions on appeals under Article 55(2) shall be taken by a board of five experts, of which two shall be legal experts.
Proceedings Before the Disputes Department
Art. 58. (1) The Disputes Department shall begin proceedings within three months of receipt of the appeals or requests referred to in Article
55.
Art. 59. Any party adversely affected by the decision of the Disputes Department under Article 58(3)1 and Article 58(5) may, within three months following receipt of the decision, bring an appeal before the Sofia City Court under the Administrative Procedure Act.
Art. 60. (1) Disputes to determine the true inventor shall be heard by the Sofia City Court.
Disputes Concerning the Service Nature of Inventions and Utility
Models and Remuneration for Them
Art. 61. (1) Disputes on the service nature of an invention or utility model within the meaning of Article 15 of this Law shall be heard by
the Sofia City Court.
Disputes Concerning the Right to File an Application
Art. 62. (1) Disputes concerning the right to file an application under Article 13 shall be heard in court proceedings or in arbitration proceedings.
(2) The Sofia City Court shall be competent to hear those disputes that are submitted to court.
Disputes Concerning the Right of Prior Use and of Subsequent Use
Art. 63. (1) Disputes concerning the right of prior use under Article 21 and the right of subsequent use under Article 22 shall be heard in court proceedings or in arbitration proceedings.
(2) The Sofia City Court shall be competent to hear those disputes that are submitted to court.
Disputes Concerning Infringement of Exclusive Rights
Art. 64. (1) Disputes concerning infringement of exclusive rights under Article 27(3), (4), (5) and (6) and Article 28 shall be heard by the Sofia City Court.
Disputes to Ascertain the Fact of Implementation
Art. 65. Disputes to ascertain the fact of implementation of a patented invention or utility model shall be heard under the ordinary judicial procedure.
Disputes Concerning Remuneration for Compulsory Licenses
Art. 66. Disputes concerning the amount of remuneration for the grant of a compulsory license shall be heard by the Sofia City Court.
Chapter Six
INTERNATIONAL APPLICATIONS FILED UNDER THE PATENT
COOPERATION TREATY
Receiving Office
Art. 67. (1) The Patent Office shall act as a receiving Office as defined in Article 2(xv) of the Patent Cooperation Treaty, hereinafter referred to as the Treaty, for international applications filed by nationals of the Republic of Bulgaria or by applicants having their permanent address or head-quarters in the country.
(2) An international application shall be filed in three identical copies In the English or Russian language. The application may be filed also in Bulgarian, and a translation thereof shall be supplied within a one-month period. The document certifying payment of fees and the priority document shall be filed in one copy each.
(3) A fee shall be due to the Patent Office for conducting the international correspondence in addition to the fees due for the international filing under the Treaty. The fee shall be paid within one month of the date of filing. Failing that, the proceedings in the application shall be terminated.
(4) Where an application is filed in less than three copies, the
Patent Office shall make the rrussmg copies against appropriate
payment. Failure to effect that payment shall not be a reason to terminate the procedure but the extract from the accounts of the receivmg Office shall constitute an extrajudicial executive reason under Article 237(c) of the Code of Civil Procedure.
an international application, shall not be disseminated ex officio and
shall not be published.
International Searching Authority and International Preliminary
Examining Authority
Art. 68. (1) The Patent Office of the Republic of Bulgaria shall determine the International Searching Authority and the International Preliminary Examining Authority.
(2) Any applicant, as also the Patent Office, may ask for a search to be carried out by an International Searching Authority on a national application. In such case, the description and the claims contained in the application shall be presented in the languages specified by the International Searching Authority, and the search fees shall be paid.
Designated Office
Art. 69. (1) The Patent Office of the Republic of Bulgaria shall act as a designated Office as defined in Article 2(xiii) of the Treaty where the Republic of Bulgaria is a designated State in an international application.
(2) In order to enter the national phase, the applicant shall file the international application with the Patent Office within thirty-one months following the date of priority, subject to the
requirements of Article 35. Applications in which the Patent Office is a receiving office shall not be subject to the payment of filing fees when designating it.
Elected Office
Art. 70. (1) The Patent Office shall be the elected Office as defined in Article 2(xiv) of the Treaty where the Republic of Bulgaria is a State elected by the applicant in which he intends to use the results of the international preliminary examination.
international application shall be considered withdrawn with respect to the Republic of Bulgaria.
(4) The international preliminary examination report shall be translated into English in accordance with Article 36(2) of the Treaty if it is in a language other than those laid down in Article 67(2).
Conversion of an International Application into a National Application
Art. 71. Where a foreign receiving Office has refused to give a filing date to an international application or the foreign receiving Office has declared that the international application is considered withdrawn or the designation of the Republic of Bulgaria is considered withdrawn, and the applicant files with the Patent Office a Bulgarian translation of the application and pays the fees referred to in Article 35(2), the international application shall be treated as a national patent application in accordance with the provisions of this Law. This procedure shall equally apply in respect of an international application incorrectly declared by the International Bureau of the World Intellectual Property Organization (WIPO) to have been withdrawn.
Publications
Art. 72. (1) International applications published by the International Bureau of the World Intellectual Property Organization -(WIPO) and
in which the Republic of Bulgaria is a designated State shall be included in the state of the art from the date of their publication, if such applications have not entered into the national phase.
(2) The publication of an international application In the Bulgarian language shall have the same legal effects as the publication of a mention of a national application in accordance with Articles 50 and 52.
Chapter Six "a"
EUROPEAN PATENT APPLICATIONS AND EUROPEAN
PATENTS UNDER THE EUROPEAN PATENT CONVENTION
Filing of European Patent Applications
Art. 72a. (1) European Patent Applications may be filed at the Patent Office of the Republic of Bulgaria or at the European Patent Office at Munich or its branch at The Hague, and they shall be filed in one of the languages referred to in Article 14 of the European Patent Convention, hereinafter referred to as "the Convention".
Divisional applications shall be filed at the European Patent Office only.
(2) Applicants having a permanent address or headquarters in the Republic of Bulgaria shall file European patent applications with the Patent Office, unless the application enjoys the priority of an earlier application filed with the Office.
(3) The Patent Office shall forward the European patent application to the European Patent Office.
Equivalence of European Filing with National Filing
Art. 72b. (1) A European patent application designating the Republic of Bulgaria, which has been accorded a date of filing and, where priority is claimed, a date of priority, shall be equivalent to a regular national filing with the Patent Office.
Effect of the European Patent
Art. 72c. (1) A European patent designating the Republic of Bulgaria shall confer on its proprietor from the date of publication of the mention of its grant in the European Patent Bulletin the rights under this Law, provided that a Bulgarian translation of the description and the claims is supplied in triplicate and the publication fee is paid within three months following that date.
paragraphs 1 and 5 is not supplied and/or the publication fee is not paid, or the requirements of paragraphs 2 and 3 are not met and the shortcomings are not removed within two months following the notification of the Patent Office.
Authentic Text of European Patent Application or European Patent. Making Corrections in the Translation
Art. 72d. (1) Where the Bulgarian translation referred to in Article 72b and 72c confers protection, which is narrower than that conferred by the European patent application or European patent in the language of the proceedings before the European Patent Office, the text of the translation shall be the authentic text.
again with the corrections made therein.
Maintenance fees for European patents
Art. 72e. European patent annuities shall be paid to the Patent Office of the Republic of Bulgaria in accordance with Article 33 for each patent year following the year, in which the European Patent Office publishes the mention of the grant of the European patent.
Conversion into a national patent application
Art. 72f. (1) A European patent application designating the Republic of Bulgaria may, at the request of the applicant, be converted into a national patent application for an invention or utility model in the following circumstances:
1. when the application is deemed to be withdrawn pursuant to Article 77(5) of the Convention;
2. the application is deemed to be withdrawn pursuant to Article 90(3) of the Convention for failure to supply a translation of the application in the language of the proceedings referred to in Article 14(2) of the Convention.
1. pay the fees referred to in Article 35(2), and
2. supply a Bulgarian translation of the European patent application as originally filed and, where appropriate, a corrected translation of the application as amended during proceedings before the European Patent Office.
Prohibition against simultaneous protection
Art. 72g. (1) In the case of an invention disclosed in both a national patent and a European patent designating the Republic of Bulgaria, both patents having the same date of filing or, where priority is claimed, the same date of priority, and belonging to the same person or his successor in title, the national patent effect shall cease.
(2) Subject to the provisions of paragraph 1, the effect of the
national patent shall seize to the extent to which it is identical with
the European patent from the date, on which the term for giving notice of opposition to the European patent expires without any opposition having been filed, or from the date of entry into effect of the decision to keep the European patent in the opposition proceedings.
Revocation of the European patent
Art. 72h. The decisions of the European Patent Office ID proceedings for revocation of a European patent designating the Republic of Bulgaria shall be valid in the territory of the Republic of Bulgaria.
Register of European patent applications and European patents
Art. 72i. The Patent Office shall keep a register, which shall contain data on all European patent applications and European patents having effect in the territory of the Republic of Bulgaria, entries of any changes in their legal status being effected in accordance with the ordinary procedure.
Chapter Seven UTILITY MODELS
Patentable Utility Models
Art. 73. (1) Patents shall be granted for utility models, which are new and are industrially applicable.
(2) Utility model protection shall be available to objects with structural and technical features related to the improvement of the design, shape or layout of the elements of products, tools, devices, apparatus or their parts, materials, etc., designed for use in production or in everyday life, and that satisfy the requirements of the preceding paragraph.
Exceptions
Art. 74. Utility model patents shall not be granted for the methods and the objects referred to in Articles 6(2) and 7.
Novelty and Industrial Applicability
Art. 75. The novelty and industrial applicability of utility models shall be determined in accordance with the provisions of Articles 8 and 10.
Legal Protection
Art. 76. Legal protection for utility models shall be provided by patents having a term of 10 years as ofthe filing date.
Conversion Art. 77. At the applicant's request, an application for a patent of invention may be converted into an application for a utility model patent up to such time as a decision is taken on the application.
Provisions Applicable to Utility Models Art. 78. The provisions on inventions shall equally apply to utility models, unless otherwise provided in this Chapter.
Chapter Eight
PATENT OFFICE
Status
Art. 79. (1) The Patent Office of the Republic of Bulgaria shall constitute the national State authority for the legal protection of the
subject matter of industrial property, with headquarters in Sofia.
Principal Tasks
Art. 80. The Patent Office shall carry out the following principal tasks:
matter of industrial property;
President
Art. 81. (1) The President shall direct the Patent Office and shall be responsible for carrying out the tasks of the Office; he shall issue the internal organizational regulations of the Office; he shall appoint the staff and exercise official supervision over them; he shall represent the Patent Office in the international organizations and unions; he shall sign bilateral and regional treaties with foreign patent offices.
(2) The President of the Patent Office shall pursue cooperation with the management of non-profit-making organizations in the field of inventiveness.
Structure
Art. 82. (1) To assume the tasks set out in this Law, the Patent Office shall be required to establish main departments:
1.forthe examination ofthe subjectmatter ofindustrial property;
(2) The Patent Office shall compile, maintain and store a central patent file, for the purposes of examination, services to industry and international patent documentation exchange, known as the Central Patent Library.
(3) The President of the Patent Office shall determine the structure and staffing of the Office.
Employees
Art. 83. (1) Only persons of Bulgarian citizenship may be appointed employees of the Patent Office.
Chapter Nine
ADMINISTRATIVE PENAL PROVISIONS
Penalties
Art. 84. (1) (amend. State Gazette No. 11/1998) A person who publishes the essential features of a secret application in accordance with Article 24 or who files an application abroad contrary to the provisions of Article 25 or who concludes a license or commits acts contrary to Article 31(5) shall be liable to a fine of between 1000 and 200001evs.
(2) An organ of the Patent Office shall draw up a statement concerning any offense. The penalty shall be ordered by the President of the Patent Office and may be appealed under the provisions of the Law on Administrative Offenses and Penalties.
TRANSITIONAL AND FINAL PROVISIONS
§ 1. (1) This Law shall apply to applications for patents for inventions and utility models filed after its entry into force and to pending requests for patents filed with the Patent Office prior to the date of its entry into force.
(2) Pending applications for inventors' certificates filed with the Patent Office prior to the entry into force of this Law may be converted, with the same priority, into applications for patents for inventions or utility models at the request of the person entitled to file
an application under Article 13 of this Law. The request shall be filed
with the Patent Office within three months of the date on which the Patent Office notified the applicant, but no later than six months of the date of entry into force of this Law.
this Law, shall be subject to the provision applicable hitherto. | ||||||||||||||
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(9) | The | decisions | of | the | Patent | Office | on | conversion | of | |||||
applications | and | inventors' | certificates | into | patents | may | be |
and 3 of the preceding paragraph;
appealed in accordance with the Law on Administrative Procedure. § 3. Where inventors' certificates are converted into patents, fees sha 11 be due for the grant of a patent and for the publication of the conversion. The annual fees for maintaining the patent shall become due as from the date of the patent grant. § 4. (1) For patents granted or applications filed abroad prior to the entry into force of this Law, and which relate to chemically or microbiologically obtained products, or to curative, cosmetic, food or flavoring substances, obtained by chemical or other method, including genetic engineering, the Patent Office shall grant a patent at the request of the patentee or the applicant, provided that:
(2) A patent application in accordance with the preceding paragraph sha 11 be filed with the Patent Office within nine months of the date of entry into force of this Law and shall contain:
§ 5. Patents for invention and additional patents grant before this Law entered into force shall maintain the term of validity afforded by the Law applicable at the time they were granted. § 6. (1) In Article 48 of the Law on Trademarks and Industrial Designs (promulgated in State Gazette No. 95 1967; amended by No. 55 of 1975 and No. 56 of 1986) the words "Bulgarian Chamber of Commerce" shall be amended to read "industrial property representative."
(2) The Bulgarian Chamber of Commerce and Industry shall continue to act as an industrial property representative for up to six months after this Law has entered in force. Within that same period, foreign applicants shall appoint a representative from the Register of Industrial Property Representatives. Upon the expiration of this period, the Bulgarian Chamber of Commerce and Industry shall hand to the Patent Office all those files on industrial property for which there is no authorized representative. The President of the Patent Office shall distribute those files to authorized industrial property representatives. § 7. The time limit for the submission of invalidation actions under Article 55(2) shall also be valid for inventors' certificates granted before this Law entered in force. § 8. The conditions for the making and use of useful proposals which do not enjoy special legal protection shall be determined by a contract concluded by the parties involved.
§ 9. The name of the Institute of Inventions and Rationalizations
(INRA) shall be changed to the Patent Office of the Republic of
Bulgaria.
§ 10. (suppl. State Gazette No. 81/1999) The Council of Ministers
shall issue the regulations under Article 3 of this Law, the Secret
Patents Regulations and the Regulations on Service Inventions,
Utility Models and Industrial Designs.
§ 11. This Law supersedes:
§ 12. This Law shall enter into force on June 1, 1993, except for
Article 3.
§ 13. This Law shall be executed by the President of the Patent
Office.
"Official or officially recognized exhibition" is an exhibition within the meaning of the Convention relating to international exhibitions, signed on 22 November 1928 in Paris and revised on 30
November 1972.
TRANSITIONAL AND FINAL PROVISIONS
of the Law on the Amendment of the Patent Law
(State Gazette No. 66/2002, in force as from 9 July 2002)
§ 42. (1) This Law shall apply to patent applications for inventions and utility models filed after entry into effect of the Law, as well as to pending applications.
(2) Requests for revocation of patents for inventions relating to methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body, regardless of when the patents were granted, shall be considered with a view to the provisions of the law applicable during the time of examination of the application until such time as the final decision was taken. § 43. Legal protection granted by patents for inventions relating to methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body shall reserve its effect until expiration of the lifetime of the patents with the restraint provided by the law, under which the decision to grant a patent was taken.
§ 44. Applicants having filed applications for inventions or utility models prior to the entry into effect of this Law shall enjoy the privilege referred to in the wording of Art. 11 prevailing hitherto. § 45. Any proceedings in declarations for discoveries under the abrogated § 2(7) of the Transitional and Final Provisions shall be terminated. The Patent Office shall, at the request of the authors, publish in its Official Bulletin the bibliographic data as contained in the declarations and shall make all declaration materials available to the public. § 46. The Law shall enter into force on the day of its promulgation in the State Gazette, except for § 19, item 1 (concerning Art. 33(1), (2) and (3)) that shall take effect six months after the entry into force of this Law.
The Law was passed by the XXXIX National Assembly on 26 June 2002, and the official seal of the National Assembly was put to it.
Ognyan Gerdzikov
Chairman of the National Assembly