PCT Applicant's Guide Bulgaria EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Patent Office of the Republic of Bulgaria

BGL: Bulgarian Law Patent

List of currencies used in this document:

BGN (Bulgarian lev), EUR (Euro)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Bulgaria

Two-letter code:

Name of Office:

Patent Office of the Republic of Bulgaria

Location:

52B Dr. G.M. Dimitrov Blvd.
1040 Sofia
Bulgaria

Mailing address:

Same as above

Telephone:

(359-2) 970 13 21

E-mail:

services@bpo.bg

Website:

http://www.bpo.bg

Facsimile:

(359-2) 873 52 58

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within one month from the date of the transmission

Does the Office send notifications via e-mail in respect of international applications?

Yes

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

A resident of Bulgaria may file an international application directly with the European Patent Office or with the International Bureau of WIPO three months after an application for a patent for the same invention has been filed at the Patent Office of the Republic of Bulgaria and the latter application has been classified by the defense authorities of Bulgaria as not being of a confidential nature

BG,

EP,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: BG

European patent: EP

Types of protection available via the PCT:

National:

Patents,

Utility models (a utility model may be sought instead of or in parallel with a national patent)

European:

Patents

Availability under the national law for an international-type search (PCT Article 15):

Article 68(2) of the Law on Patents and Utility Model Registration

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

The international application made available to the public shall obtain temporary protection, under paragraphs (1) and (2) of PCT Article 29, as from the day on which the issue of the Official Bulletin of the Patent Office of the Republic of Bulgaria containing the announcement of the publication of the Bulgarian translation of the international application has come out.

Where the designation is made for the purposes of a European patent:

The European application made available to the public shall obtain temporary protection under Art. 67(1) of the European Patent Convention, as from the day of publication of the issue of the Official Bulletin of the Patent Office of the Republic of Bulgaria containing the announcement of the publication of the Bulgarian translation of the European application (refer to Art. 72b(3) of the Law on Patents and Utility Model Registration).

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within three months from the date of invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Bulgaria

Language in which international applications may be filed:

Bulgarian,

English,

Russian

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

Language accepted for language-dependent free text in the sequence listing:

Same language as the international application (Bulgarian, English or Russian)

Language in which the request may be filed:

English

Russian

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”)

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 3 December 2020, page 269, 4 August 2022, page 205 and 5 October 2023, page 186.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes,

the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

EP,

Competent International Preliminary Examining Authority:

EP ¹,

Fees payable to the receiving Office:

Transmittal fee:

80 BGN

International filing fee:

1,378 EUR

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 EUR

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

207 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

None

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

None

Is an agent required by the receiving Office?

if the applicant resides in Bulgaria

Yes

if the applicant is a non-resident

Who can act as agent?

Any patent attorney or patent agent registered to practice before the Office

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

At the time of filing, either in the description or separately

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to furnish a complete translation within three months from the date of the invitation.

Bulgarian

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Patents

Filing fee

This fee must be paid within the time limit applicable under PCT Article 22 or 39(1).

40 BGN

Publication fee

70 BGN

Utility models

Filing fee

This fee must be paid within the time limit applicable under PCT Article 22 or 39(1).

40 BGN

Exemptions, reductions or refunds of fees:

For patents and utility models:

The filing fee is reduced by 50% where the applicant is the inventor, a State educational institution, an academic research organization, a budgetary organization or a small or medium-sized enterprise

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirements within a time limit fixed in the invitation.

Instrument of assignment of the priority right if the applicants are not identical ²

Instrument of assignment of the international application if the applicant has changed after the international filing date

Declaration concerning the inventorship ²

Appointment of an agent if the applicant is not resident in Bulgaria

Translation of the international application to be furnished in three copies

Who can act as agent?

Any patent attorney or patent agent registered to practice before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes,

the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

BG.01 TRANSLATION (CORRECTION)

BGL Art. 35(3)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

BG.02 LANGUAGE OF PROCEEDINGS

BGL Art. 34(2), BGL Art. 35(3)
The language of proceedings is Bulgarian.

BG.03 FEES (MANNER OF PAYMENT)

BGL Art. 5(2)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex BG.I. The amount of fees for patents is reduced by 50% in case of a declaration of readiness for licensing made by the applicant at the time of entering the national phase.

BG.04 CLAIMS FEE

The claims fee must be computed on the basis of the number of claims valid at the beginning of the national phase (that is, where amendments have been filed, the claims as amended under PCT Article 19 or 34(2) or the claims as submitted by the applicant under PCT Article 28 or 41 upon entering the national phase). Where the applicant fails to pay the correct amount of the claims fee, the Office will invite him to pay the missing amount.

BG.05 DECLARATION CONCERNING THE INVENTOR

BGL Art. 36
The applicant must state who the inventor is and give his name and nationality. This declaration will be made on behalf of the applicant by his agent.

BG.06 POWER OF ATTORNEY

BGL Art. 3(2)
An agent must be appointed by filing a power of attorney. The model is given in Annex BG.II.

BG.07 EXAMINATION

BGL Art. 35(2), BGL Art. 46(1)
The Office carries out a formal requirements examination, preliminary examination and admissibility. Entering the national phase the applicant must file a request and pay a filing fee, a fee for formality requirements examination, preliminary examination and admissibility. The Office invites the applicant to pay the fees within three months from the filing day. Where the applicant fails to furnish the document certifying payment of fees within the term in the invitation, the application shall be deemed to be withdrawn. If the result of the examination shows that the application contains formal defects or is not otherwise patentable, the Office invites the applicant to submit corrections and/or amendments. The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex BG.I.

BG.08 PUBLICATION

BGL Art. 46c
The application is published in Bulgarian after the expiry of 18 months from the filing date or the priority date.

BG.09 EXAMINATION FEE WHERE AN ADDITIONAL SEARCH HAS TO BE CARRIED OUT

BGL Art. 69(4)
This fee is to be paid where the priority claim(s) is (are) cancelled or where the international search has not been carried out for a part of the international application because of lack of unity.

BG.10 FEES FOR GRANT AND PUBLICATION

BGL Art. 53
A fee for grant, a fee for mention of the grant of a patent in the Official Bulletin of the Office and a fee for publication of the granted patent must be paid within three months after receipt by the applicant of the invitation to pay said fees. The amounts of the fees are indicated in Annex BG.I.

BG.11 ANNUAL FEES

BGL Art. 33, BGL Art. 26(2), BGL Art. 53
After a patent has been granted, a fee must be paid for each year following the international filing date. Payment of the annual fees, for the years which have expired or begun on the date of granting of the patent, must be made together with the fees for grant and publication of the patent, within three months from the receipt of an invitation to pay said fees, in accordance with Article 53. Where the current patent year expires with the said three month term, the fee for the next “patent year” shall also be paid. The annual fees for subsequent years must be paid not later than the last day of the month in which the preceding “patent year” expires. Where the applicant fails to pay by that day, payment can still be made, together with a 100% surcharge for late payment, within six months from the due date. A patent which has lapsed due to failure to pay the fee may be renewed within a six-month period after payment of the patent renewal fee. The “patent years” are counted from the international filing date. The amounts of the annual fees are indicated in Annex BG.I.

BG.12 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, BGL Art. 42, BGL Art. 46(1)
The applicant may make, without changing the substance of the invention, amendments or corrections to the description, claims or drawing(s) within one month from the fulfillment of the requirements under PCT Article 22 or 39(l). Further amendments may be made up to the grant of the patent where required by the Office, provided that the scope of the subject matter of the application is not broadened thereby.

BG.13 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, BGL Art. 71
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, a reasoned appeal against this decision may be lodged with the Office within three months from the date of receipt of the decision. The decision of the Office on the appeal is final.

BG.14 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), BGL Art. 49
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

BG.15

Reinstatement may be requested where the applicant, in spite of all due care reasonably required, was unable to observe a time limit during the international phase or before the Office, default of which is prejudicial to his rights. A request for reinstatement must be presented within three months after the removal of the cause of the failure to perform the action. The request for reinstatement must be presented in writing, state the grounds on which it is based and set out the facts on which it relies.

BG.16 EXTENSION OF TIME LIMIT FOR REPLY TO OFFICIAL ACTIONS

BGL Art. 48
Whenever the applicant cannot reply to official actions in due time he may be granted an extension by three months by filing with the Office a special request (no prescribed form) and paying a fee as indicated in Annex BG.I. Such extension may be requested not more than twice.

BG.17 UTILITY MODEL

PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, BGL Art. 73, BGL Art. 74, BGL Art. 75, BGL Art. 75b, BGL Art. 75d
Legal protection for utility models shall be granted through registration with the Office. The registration shall have effect with respect to third parties as of the date of publication in the Official Bulletin of the Office. The term of validity of a utility model registration shall be four 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. Where the applicant wishes to obtain a utility model registration on the basis of an international application, instead of a patent or in addition to a patent, or in the cases referred in Article 71, he must file a request for transformation and he shall pay a filing fee and a fee for examination of the formal requirements. The Office invites the applicant to pay the fees within one month from the filing day. Where the applicant fails to pay the correct amount of the fees, the examination department will invite him to pay the missing amount. Where the applicant fails to furnish the document certifying payment of fees within the time limit fixed in the invitation, the application shall be deemed to be withdrawn. The amounts of the filing fee and the fee for examination of the formal requirements are indicated in Annex BG.I.

The applicant of a patent application may also file an application for utility model registration for the same invention, subject to the provisions of Article 73(5), invoking the filing date and the priority date of the patent application.

BG.18 CONVERSION

BGL Art. 47a
Up to the grant of a patent an application for a patent may be converted into an application for a utility model registration.

Annexes

Annex BG.I - Fees

Patents

Filing fee ³

40 BGN

Fee for publication of the application

70 BGN

Examination fee: ³

— for one invention

With effect from 2 March 2021 180 BGN

— for a group of inventions

180 BGN

Claims fee for each claim in excess of 10

With effect from 2 March 2021 0 BGN

Fee for priority claims

per priority 20 BGN

Fee for grant

70 BGN

Fee for publication of the patent:

— for the patent specification, claims and drawings:

— up to 10 pages

80 BGN

— for each page in excess of 10

10 BGN

Fee for publication of the granted patent (independent claims included)

50 BGN

Appeal fee against: ³

(a) a decision to fully or partially refuse the grant of a patent:

— for one invention

180 BGN

— for a group of two inventions

280 BGN

(b) a decision to terminate the application proceedings

90 BGN

Annual fees:

— for the 1^st to 3^rd year

With effect from 2 March 2021, per year 40 BGN

— for the 4^th year

40 BGN

— for the 5^th year

140 BGN

— for the 6^th year

180 BGN

— for the 7^th year

220 BGN

— for the 8^th year

270 BGN

— for the 9^th year

380 BGN

— for the 10^th year

500 BGN

— for the 11^th year

600 BGN

— for the 12^th year

700 BGN

— for the 13^th year

800 BGN

— for the 14^th year

900 BGN

— for the 15^th year

1,000 BGN

— for the 16^th year

1,100 BGN

— for the 17^th year

1,200 BGN

— for the 18^th year

1,300 BGN

— for the 19^th year

1,500 BGN

— for the 20^th year

1,700 BGN

Renewal fee

450 BGN

Other fees:

Publication of patent description, claims or abstract in the Official Bulletin:

— up to 10 pages

80 BGN

— for each page after the 10^th

10 BGN

Utility models

Filing fee ³

40 BGN

Fee for priority claims

per priority 20 BGN

Examination fee ³

180 BGN

Registration fee

80 BGN

Fee for grant

45 BGN

Appeal fee against:

(a) a decision to fully or partially refuse the registration of a utility model

140 BGN

(b) a decision to suspend the registration proceedings

90 BGN

Other fees:

Publication in the Official Bulletin of independent claims for registered utility models

50 BGN

Extension of registration terms for utility models

50 BGN

— for the 5^th to the 7^th year

300 BGN

— for the 8^th to the 10h year

400 BGN

How can payment of fees be effected?

All payments of fees must be effected by the applicants to the Patent Office of the Republic of Bulgaria in Bulgarian leva to the :

Bulgarian National Bank–Central Office
IBAN
BG90 BNBG 9661 3100170901

BIC
BNBGBGSD

Fees paid to this account are regarded as being received by the Office at the date on which the Bulgarian National Bank credits the money to the account of the Office

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex BG.II - Declaration concerning the identity of the inventor

Annex BG.III - Power of attorney

Notes:
¹ ^aThe Office is competent only if the international search is or has been carried out by that Office.
² ^a ^bThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
³ ^a ^b ^c ^d ^eThe application, examination and appeal fees are reduced by 50% where the applicant is the inventor, a State educational institution, an academic research organization, a budgetary organization or a small or medium-sized enterprise

Processing

BG - Bulgaria
Patent Office of the Republic of Bulgaria

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

BG - Bulgaria Patent Office of the Republic of Bulgaria

Error Information Warning Confirmation

BG - Bulgaria
Patent Office of the Republic of Bulgaria