WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/BGR/P/1/Add.1 
8 November 2010 
 (10-5945) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
BULGARIA 
 
Addendum
 
  The present document reproduces the text
1 of the Law on Patents and Utility Model 
Registration, as notified by Bulgaria on 29 June  2010 under Article 63.2 of the Agreement (see 
document IP/N/1/BGR/2). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
BULGARIE 
 
Addendum
 
 
 Le présent document contient le texte1 de la Loi sur l'enregistrement des brevets et des 
modèles d'utilité, notifiée par la Bulgarie le 29 juin 2010 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/BGR/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
BULGARIA 
 
Addendum
 
  En el presente documento se reproduce el texto
1 de la Ley de Patentes y de Registro de 
modelos de utilidad notificado por Bulgaria el 29 de junio de 2010 en virtud de lo dispuesto en el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/BGR/2). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/BGR/P/1/Add.1 
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LAW ON PATENTS AND UTILITY MODEL REGISTRATION ( Title amended, State Gazette 
No. 64/2006; in force as from 09.11.2006) 
 
Denomination of 05.07.1999 reflected 
 
Promulgated in State Gazette No. 27/2 April 1993; supplemented, No. 83/ 1 October 1996; 
amended, No. 11/29 January 1998; amended,  No. 81/14 September 1999; amended, No. 
 45/30 April 2002; amended, No. 66/9 July 2002; supplemented, No. 17/21 February 2003; 
amended, No. 30/11 April 2006; amende d, No. 64/8 August 2006; amended,  
No. 31/13 April 2007; amended No. 59/20 July 2007 
   Chapter I - General Provisions 
 
Subject Matter  
Art. 1. (1) ( amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) 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 a pply to foreign natural and legal persons of 
States party to international treaties to which th e Republic of Bulgaria is a party. This Law 
shall apply to foreign natural a nd 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. 
 (3) (new, State Gazette No. 17/2003) This Law shall not govern relations arising during the 
creation and use of inventions and utility models  related to the execution of specific activities 
of the Ministry of the Interior. 
 
Inventor (title amended, State Gazette No.66/2002 ) 
 
Art. 2  (1) (deleted, State Gazette No. 66/2002) 
  (2) ( amended, State Gazette No. 66/2002) The person who has made an invention or a utility 
model shall be deemed to be the inventor th ereof. If the invention or the utility model was 
made by several persons, the latter shall be recognized as joint inventors. 
  (3) (deleted, State Gazette No. 66/2002) 
  (4) (deleted, State Gazette No. 66/2002) 
 Right of the Inventor to be Mentioned 
 
Art. 2a. ( new, State Gazette No. 66/2002; amended, St ate Gazette No. 64/2006, in force as 
from 09.11.2006) (1) The inventor of an invention or utility model shall have the right to be 
mentioned as such in the application, the pa tent for invention or the certificate for utility 
model registration, and any publi cations concerning the invention or utility model. This right 
shall be personal and non-transferable.   IP/N/1/BGR/P/1/Add.1 
 Page 3 
 
 
  (2) The Patent Office shall ex officio see to it that the inventor (joint inventors) is mentioned 
in the application, the patent or the registration certificate. 
 
Representation 
 
Art. 3. (1) ( amended , State Gazette No. 64/2006, in force as from 09.11.2006) The applicant, 
the owner of rights under this Law, further re ferred to as "the owner", or any person entitled 
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. 
 
(2) (amended , State Gazette No. 66/2002) Applicants with no permanent address or principle 
place of business in the Republic of Bulgaria shall be required to act in proceedings before the 
Patent Office through industrial property representatives in accordance with the preceding paragraph. 
 
(3) The provisions of the Code of Civil Pr ocedure shall apply to representation in court 
disputes arising from this Law. 
 
Transfer of Rights 
  Art. 4. All rights afforded by this Law shall be transferable, unless otherwise provided. 
 
Fees 
 
Art. 5 (1) ( supplemented , State Gazette No. 66/2002) (1) (amended , State Gazette No. 
64/2006, in force as from 09.11.2006) All acts relating to the filing of patent applications or 
applications for supplementary protection certifi cates, proceedings before the Patent Office, 
publication of applications, grant, publication and maintenance of titles of protection, as well 
as entries into the State Register of Patents and the State Register of Supplementary Protection Certificates 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 accord ing 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 or public school s, state higher educational establishments or 
academic research organizations financed by the state budget.  
(2) Where a patent application is filed togeth er with a written statement of preparedness to 
license, the fees payable under the preceding pa ragraph shall be reduced by 50 percent. 
 (3) (new, State Gazette No. 64/2006, in force as from 09.11.2006) All acts relating to the filing of applications for utility model registra tion, proceedings before the Patent Office, 
registration, grant of registration certificates,  publications and extension of the term of 
validity of registrations, as well as entries into the State Register of Utility Models shall be 
subject to fees payable in accordance with the ta riff referred to in paragraph (1). Fees for 
filing of applications shall be paid at a redu ced rate according to the tariff referred to in 
paragraph (1), provided that the applicants ar e 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.  (4) ( new, State Gazette No. 66/2006; former paragraph 3, amended, State Gazette No. 
64/2006, in force as from 09.11.2006 ) Where fees under the preceding paragraphs are paid IP/N/1/BGR/P/1/Add.1 
Page 4  
 
  partially, payment shall be deemed not to have  been made. The Patent Office may give the 
applicant, or the owner respectively, the opportunity to pay the remainder of the due fee only where payment can be made within the term as pr escribed by the law. On expiry of the term 
of payment, the amount paid shall be refunded at the request of the payer. 
 State Registers 
 
Art. 5a ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) The Patent Office 
shall keep a State Register of Patents, a State Register of Utility Models and a State Register 
of Supplementary Protection Certificates. 
 
(2) The registers referred to in paragraph (1) sha ll contain entries of all applications for legal 
protection under this Law, the manner of keepi ng them being determined by an order of the 
President of the Patent Office  
(3) The state registers shall be public. The Pa tent Office shall provide extracts therefrom on 
request and against payment of a fee according to the tariff referred to in Art. 5(1). 
 
 Chapter II - Patentability of Inventions  
Patentable Inventions  
Art. 6. ( amended , State Gazette No. 66/2002 ) (1) ( amended , State Gazette No. 64/2006, in 
force as from 09.11.2006) Patents shall be granted for inven tions in any field of technology, 
which are new, involve an inventive step a nd are susceptible of industrial application. 
 
(2) The following shall not be regarded as inventions:  
1. discoveries, scientific theories and mathematical methods; 2. artistic work results; 3. schemes, rules and methods for performing mental acts, playing games or doing 
business, and programs for computers; 
4. presentation of information. 
 (3) The provisions of paragraph (2) shall apply to the subject matter referred to only to the 
extent that legal protection is sought for the subject matter as such. 
 
(4) ( new, State Gazette No. 64/2006, in  force as from 09.11.2006) The human body at the 
different stages of its formati on and development, as well as the mere discovery of an element 
thereof, including the sequence or partial seque nce of a gene, may not represent a patentable 
invention. An element isolated from the human body or otherwise obtained through a technical process, including the sequence or pa rtial sequence of a gene, may constitute a 
patentable invention, even if the structure of su ch element is identical with that of a natural 
element. 
 
Exceptions to Patentability 
 
Art. 7. ( amended , State Gazette No. 66/2002; amended , State Gazette No. 64/2006, in force as 
from 09.11.2006) (1) Patents shall not be granted for: 
 
1. inventions the commercial use of which would be contrary to social order or 
morality, including:  IP/N/1/BGR/P/1/Add.1 
 Page 5 
 
 
  (a) methods of cloning human beings; 
(b) methods of altering the genetic identity of human embryo; (c) use of human embryos for industrial or commercial purposes; (d) methods of modifying the genetic iden tity of animals, where this may cause 
them suffering without any substantial use from a medical point of view for 
humans or animals, as well as of animals obtained by such methods; 
2. methods for treatment of the human or animal body by therapy or surgery, as well as diagnostic methods practised on the human or animal body. This shall not apply to 
products, in particular substances or com positions, for use in any of these methods; 
3. plant or animal varieties; 
4. essentially biological processes for obtaining plants and animals. 
 (2) The use referred to in paragraph (1)1 sha ll not be deemed to be so contrary merely 
because it is prohibited by legislation. 
 
Patentability of biotechnological inventions 
 
Art. 7a ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) (1) Patents shall be 
granted for inventions relating to  a product consisting of or cont aining biological material, or 
to a method of obtaining, processing or use of biological material, provided that they satisfy the requirements of Art. 6(1).  
 
(2) Biological material isolated from its natu ral environment or obtained by a technical 
process may be regarded as the subject matter of an invention, even if it existed in nature 
before that.  
(3) Inventions relating to plants or animals sh all be considered patentable, if the technical 
realization of the invention is not reduced  to a certain plant or animal variety. 
 (4) The prohibition under Art. 7, paragraph 1( 4) shall not apply to the patentability of 
inventions relating to microbiological or ot her technical processes or products obtained by 
such processes, provided that they satisfy the requirements of Art. 6(1). 
 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 comp rise 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 patent application. 
 (3) (amended, State Gazette No. 66/2002 ) The state of the art shall comprise also the content 
of all national patent applications, the Eur opean and international patent applications 
designating the Republic of Bulgaria, of which th e filing date or priority date, as appropriate, 
are prior to the date referred to in paragraph (2 ), provided that after that they are published in 
the Official Bulletin of the Patent Office.  
(4) (new, State Gazette No. 64/2006, in for ce as from 09.11.2006) The state of the art shall 
comprise also the content of all national applica tions for utility model registration, of which 
the filing date or priority date, as appropriate, are prior to the date referred to in paragraph (2), 
provided that after that a mention of the registration thereof is published.  IP/N/1/BGR/P/1/Add.1 
Page 6  
 
  (5) ( new, State Gazette No. 66/2002; former paragraph 4, amended, State Gazette No. 
64/2006, in force as from 09.11.2006 ) 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, 
paragraph (1)2, shall be considered as new, pr ovided that their use is not comprised in the 
state of the art. 
 Inventive Step  
Art. 9. ( amended, State Gazette No. 66/2002 ) An invention shall be c onsidered 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 suscep tible of industrial application if its subject 
matter can be made or used repeatedly in  any branch of industry or agriculture. 
 
Disclosure Which is not Prejudicial to Novelty 
 
Art.11. ( amended, State Gazette No. 66/2002 ) (1) A disclosure of the invention shall not be 
prejudicial to novelty if it occurred within six m onths preceding the filing date or the priority 
date, as appropriate, of the patent appli cation and if it was in consequence of: 
 
1. an evident abuse in relation to the appli cant or the preceding holder of the right to 
file an application; 2. the fact that the applicant or the precedi ng holder of the right to file has displayed 
the invention at an official, or offici ally recognized, international exhibition. 
 (2) The disclosure referred to in paragraph (1), ite m 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 filing date of the application. 
 
 
Chapter III - Patents  Legal Protection 
 
Art. 12. (1) ( amended, State Gazette No. 64/200 6, in force as from 09.11.2006) Legal 
protection for a patentable invention sha ll be afforded by means of a patent. 
 (2) (amended, State Gazette No. 66/2002; amended, State Gaze tte No. 64/2006, in force as 
from 09.11.2006) A patent shall attest to the exclusive right of the owner in the invention. 
 
(3) (new, State Gazette No. 66/2002 ) A patent shall have effect with respect to third parties as 
from the date when a mention of the grant ther eof 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 successor 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  IP/N/1/BGR/P/1/Add.1 
 Page 7 
 
 
  patent granting procedure shall not prevent the ot hers from carrying out the acts set out in this 
Law.  (2) The applicant shall be considered to have the right to file unless otherwise decided in 
court proceedings. 
 
(3) The right to file an application in respect of an invention made in accordance with Article 15 shall belong to the employer if he f iles an application within three months of the 
date of being notified of the invention by the in ventor. If he does not do so, the right to file 
shall devolve on the inventor. The right to file  may belong jointly to the employer and the 
inventor if contractually agreed. 
 (4) Where an invention is made on a contractual basis, the right to file shall belong to the 
commissioning person, unless otherwise provided in the contract.  
(5) (deleted, State Gazette No. 64/2 006, in force as from 09.11.2006 ). 
 
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 a pplications for the same inventi on at different times, the right 
to the patent shall belong to th e person who was first to file. 
 (3) (new, State Gazette No. 66/2002 ) If two or more persons file independently of each other 
patent applications for the same invention and w ith 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 ser vice invention if it has been made in the 
performance of duties under an employment rela tionship or other lega l relationship of the 
inventor, unless otherwise provided by contract.  (2) An invention shall constitute a service invention in accordance with the preceding 
paragraph if, in making it: 
 
1. the inventor has performed duties included in his employment tasks; 2. the inventor has performed duties beyond those referred to in item 1, but which have been specifically commissioned to him in anticipation of an invention; 3. the inventor has made use of material or financial (monetary) resources provided by the employer or the commissioning person or of knowledge and experience 
acquired in the course of his work. 
 (3) Where an invention constitutes a service inve ntion 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. 
 (4) The inventor or executant, as appropriate, shall be required, for the purposes of this 
Article, to notify the employer or commissi oning person, as appropriate, in writing within 
three months that the invention has been made. IP/N/1/BGR/P/1/Add.1 
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(5) (amended, State Gazette No. 66/2002 ) An inventor who has made a service invention shall 
have the right to be mentioned and the right to  equitable remuneration, if the latter was not 
provided by the respective contract. The rem uneration amount shall be determined on the 
basis of the following elements: 
 
1. the profit obtained from any use of the invention during the term of validity of the patent; 2. the value of the invention; 3. the contribution of the employer in terms of capital investments for the creation of 
the invention, equipment, materials, knowledge, experience,  personnel and other 
assistance. The remuneration shall be paid by the employer or, where the employer is not the patent owner, by the employ er and the patent owner jointly. 
 (6) If the remuneration referred to in the preced ing paragraph, whether on a contractual basis 
or determined in accordance with the applicable  regulations, is not considered equitable in 
view of the real profit obtaine d and the value of the invention, it may be increased at the 
request of the inventor.  (7) The employer, the commissioning person, th e inventor and the executant shall refrain 
from any action which infringes the rights refe rred to in this Article and in Article 13. 
 
Term of Patent 
 
Art. 16. The term of validity of a patent sh all be 20 years from the date of filing of the 
application. 
 Extent of Legal Protection 
 
Art. 17. (1) The extent of legal protection sha ll 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 elemen ts as expressed but also their equivalents. An 
element shall be considered equivalent to an  element as expressed in the claims, where: 
 1. the element has in essence the same func tion realized in the same manner and gives 
essentially the same result; 
2. it is quite obvious to persons skilled in the art that, by the priority date, the result 
obtained by the element, as expressed in the claims, could be obtained by the equivalent element. 
 (3) In determining the extent of legal protecti on, due account shall be taken of any statement 
limiting the scope of the claims made by the applicant or by the patent owner during the 
examination procedure for grant of a pa tent or during invalidation proceedings. 
 (4) The interpretation of the claims shall not be  limited to the examples of embodiment of the 
invention included in the description.  
(5) The abstract shall not be taken into account  for the purpose of determining the extent of 
legal protection conferred by the patent. 
  IP/N/1/BGR/P/1/Add.1 
 Page 9 
 
 
  Provisional Protection 
 
Art. 18. (1) ( amended, State Gazette No. 66/2002 ) 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.  
 (2) ( amended, State Gazette No. 66/2002 ) The protection referred to in paragraph (1) shall 
have a retroactive effect as from the publication of the mention of the patent grant, in so far as 
the patent does not extend it. 
 
(3) The applicant shall have the right to equita ble remuneration to be paid by any person who 
without his authorization has performed any of the acts referred to in Article 19(3) during the 
period of 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 inventi on shall comprise the right to use the invention, 
the right to prohibit other persons from using it w ithout the consent of the owner of the patent 
and the right to dispose of the patent.  
(2) (amended, State Gazette No. 64/200 6, in force as from 09.11.2006) Where the patent was 
granted to more than one person, and if not otherwise agreed between them, the invention 
may be fully used by each joint owner, where as all the other rights under this Law shall be 
exercised with the consent of all joint owners. Where not otherwise provided in this Law with 
regard to joint patent ownership, the owne rship rules under the Ownership Law shall apply 
correspondingly. 
 (3) (supplemented, State Gazette No. 66/2002; ame nded, State Gazette No. 64/2006, in force 
as from 09.11.2006 ) The right to use an invention shall comprise the making, offering for 
sale, trading in the subject matter of the inven tion, import included, use of the subject matter 
of the invention, as well as application of the patented method. 
 
(4) Where the subject matter of the patent is a product (article, device, machine, equipment, 
substance, etc.), the owner of the patent shall have the right to prohibit others from 
performing the following acts:  
1. making the product; 
2. (amended, State Gazette No. 66/2002; am ended, State Gazette No. 64/2006, in 
force as from 09.11.2006 ) offering for sale, trading in the product, import included, 
use or warehousing of the product for the purpose of offering, selling or use thereof. 
 (5) Where the subject matter of the patent is a me thod, the patent owner shall have the right to 
prohibit others from performing the following acts: 
 
1. application of the method; 2. performance of any act referred to in paragraph (4)2 in respect of the product 
obtained directly by the method. 
 
(6) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The patent protection of 
biological material possessing specific properties as a result of the invention shall cover any biological material extracted from that biological material through propagation or 
multiplication in an identical or different form and with the same properties. IP/N/1/BGR/P/1/Add.1 
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(7) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The patent protection of a 
method allowing to produce biological material  with specific properties as a result of the 
invention shall cover biological material obtai ned directly by such method, as well as any 
other biological material directly extracted from the obtained biological material through 
propagation or multiplication in an identical or different form and with the same properties. 
 (8) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The patent protection of a 
product containing or consisting of genetic inform ation shall cover any material in which the 
product is included and in which the genetic in formation is contained and is functioning, 
except for the matter referred to in  the first sentence of Art. 6(4). 
 
Limitations on the Effect of a Patent 
 
Art. 20. The effect of a patent shall not extend to: 
 
1. use of the patented invention for non-c ommercial purposes with a view to private 
needs, where such use does not cause signifi cant material prejudice to the owner of 
the patent; 2. use of the invention for experimental  or research and development purposes 
relating to the subject matter of the patented invention; 
3. extemporaneous preparation for indivi dual cases in a pharmacy of a medicine in 
accordance with a medical prescription; 4. (deleted, State Gazette No. 66/2002 ) 
5. (deleted, State Gazette No. 66/2002 ) 
6. use of the patented invention on board any foreign land vehicle, vessel or aircraft, 
which temporarily or accidentally enters the territory, waters or airspace of the 
country, provided that the patented invention is used exclusively for the needs of such means of transport. 7. (new, State Gazette No. 64/2006, in fo rce as from 09.11.2006;  deleted, State 
Gazette No.31/2007, in force as from 13 April 2007) conduction of necessary 
researches and tests for the purpose of filing a marketing authorization request for a 
generic medical product to be used in the human medicine or a generic medical 
product to be used in the veterinary medi cine, as well as any other act related to 
subsequent practical requirements in c onnection with the filing of the request. 
 
Exhaustion of Rights 
 
Art. 20a. ( new, State Gazette No. 66/2004; amended, State Gazette No. 64/2006, in force as 
from 09.11.2006) (1) (in force as from the date of accession of the Republic of Bulgaria to the 
European Union ) The exclusive patent right in an invention shall not extend to acts relating to 
the product enjoying patent protection, where that product has been put on the market in the territory of the European Economic Area by the patent owner or with his consent. 
 
(2) The protection under Article 19, paragraphs (6 ), (7) and (8) shall not extend to biological 
material obtained through propagation or multipli cation of biological material placed on the 
market by the patent owner or with his consen t, where the multiplication or propagation is an 
indispensable result of the application for which the biological material is placed on the 
market, provided that the obtained material is  not used later for further propagation or 
multiplication.  (3) The protection under Article 19, paragraphs (6 ), (7) and (8) shall not extend to the sale or 
any other form of trading in plant propagation ma terial performed by the patent owner or with  IP/N/1/BGR/P/1/Add.1 
 Page 11 
 
 
  his consent to an agricultural producer for agricultural purposes. The selling or any other form 
of trading comprises an authorization for the agricultural producer to use the product of his harvest for propagation or multiplication purposes in his farm.  (4) The procedure of applying paragraph (3) shall be specified in an ordinance of the Minister 
for Agriculture and Forestry. 
 (5) The protection under Article 19, paragraphs (6 ), (7) and (8) shall not extend to the sale or 
any other form of trading in breeding stock or  other animal reproduction material performed 
by the patent owner or with his consent to an  agricultural producer, such sale comprising an 
authorization for the agricultural producer to  use such stock or other animal reproduction 
material for the purposes of conducting his agricultu ral activity, but not to sell it within or for 
the purposes of commercial reproduction activity.  (6) The procedure of applying paragraph (5) shall be specified in an ordinance of the Minister 
for Agriculture and Forestry. 
 
Right of Prior Use 
 
Art. 21. A person who, prior to the filing date of  the patent application, has used the invention 
in good faith or has made the necessary prepar ations for its use may continue to use the 
invention after such date on conditio n 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 con tinue to use the invention in 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 th e enterprise in which such rights have arisen and 
may be exercised, subject to there being no in crease in the volume of such use outside the 
enterprise. 
 
Secret Patents 
 
Art. 24. ( amended, State Gazette No. 45/2002; amended, State Gazette No. 64/2006, in force 
as from 09.11.2006 ) (1) Secret patents shall be granted for secret inventions, applied for by 
Bulgarian citizens with permanent address in the Republic of Bulgaria or legal persons with 
principle place of business in the Republic of Bulgaria.  
(2) Secret inventions are inventions, which contain classified information representing a state 
secret within the meaning of Article 25 of the Law on the Protection of Classified Information.  (3) The authorities competent to determine the information security classification level and to 
remove the level of classification of secret patents shall be the Ministry of the Interior and the 
Ministry of Defence.  (4) Secret patent applications shall be filed w ith the Patent Office, the filing date being the 
date on which the documents referred to in Article 34(2) are received. IP/N/1/BGR/P/1/Add.1 
Page 12  
 
   
(5) No fees are payable for the acts related to  a secret patent application and the grant and 
maintenance of a secret patent.  (6) A secret patent applications shall be ex amined in accordance with Article 46(1). Where 
the requirements are satisfied, a secret patent sha ll be granted, to which the Patent Office shall 
place the respective security grading.  (7) Appeals against decisions to terminate the pr oceedings in a secret patent application, such 
decisions being based on Article 46(1), as well as requests for invalidation of a secret patent, 
shall be considered in camera by the Sofia City Court in accordance with the Code of 
Administrative Procedure. Appeals shall be l odged within three months following receipt of 
the decision, while requests may be filed throughout the lifetime of the secret patent.  (8) The person entitled to use and dispose of a secr et patent shall be determined by decision of 
the Council of Ministers. 
 (9) Where the classification level is removed, the competent authority shall notify the Patent 
Office respectively. The Patent Office shall info rm the holder, giving him three months to pay 
the fees referred to in Article 53, as well as the patent maintenance fee referred to in Article 33(4). On payment of the fees, the patent shall be recorded in the Register of Patents 
and the publications under Ar ticle 51 shall be performed. 
 (10) The secret patent owner may file a search and examination request after removal of the information security classification level. The request shall be accompanied by a document certifying payment of the search and examination fee under Article 46b(2). 
 
(11) The procedure of determining the inform ation security classification level and removal 
thereof with respect to applications and secret patents shall be specified in a Secret Patents 
Regulation adopted by the Council of Ministers. 
 
Patenting Abroad 
 
Art. 25. ( amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) Bulgarian 
citizens with a permanent address in the Republic of  Bulgaria or legal persons with a principle 
place of business in the Republic of Bulgaria sh all have the right to seek patents for their 
inventions abroad after the examination referred to Article 45a. 
 
(2) Secret patents may not be patented abroad. 
 
Lapse of Patent 
 
Art. 26. (1) A patent shall lapse: 
 
1. on expiry of the term for which it has been granted; 2. on relinquishment by the patent owner -- as from the date of receipt at the Patent Office of a written statement by the patent owner. The relinquishment of a patent by 
one joint owner shall not entail lapse of the patent, which shall continue to belong to 
the other joint owners; 
3. (amended, State Gazette No. 66/2002 ) failure to pay the fees for keeping the patent 
in force -- as from the expiry date of the time limit referred to in Article 33(3). 
  IP/N/1/BGR/P/1/Add.1 
 Page 13 
 
 
  (2) (amended, State Gazette No. 66/ 2002; amended, State Gazette No. 64/2006; in force as 
from 09.11.2006 ) A patent that has lapsed due to non-payment of the patent annuity may be 
renewed within a six-month period following expiry of the time limit referred to in 
Article 33(3) after payment of a patent renewa l fee, as well as of the double amount of the due 
fee. 
 
(3) A patent shall be declared invalid in cases where:  
1. the invention is not patentable; 2. the disclosure of the essential elements of the invention is incomplete and unclear; 
3. the patent owner did not have the right to  the patent where established by virtue of 
a court decision; 4. the subject matter of the patent exte nds beyond the content of the application as 
filed or, if the patent was granted on a divisional application, beyond the content of 
the earlier application as filed. 
 
(4) At the request of the person who has the right  thereto, the patent shall be transferred to 
him without lapse.  (5) If the grounds for invalidation refer to a pa rt only of the claims, invalidation shall be 
partial. The patent shall remain valid in resp ect of the other claims only where these claims 
are patentable.  
 (6) On declaration of invalidation, the effect of  the patent shall cease as of the filing date of 
the application.  
(7) The mala fide owner of an invalidated patent shall be liable for damages. 
 (8) Invalidation of a patent shall have no effect on:  
1. final decisions on patent infringement insofar as they have been enforced; 2. licensing contracts concluded and executed prior to the invalidation, unless 
otherwise agreed. 
 
Infringement of Patent Rights 
 
Art. 27. (1) Any use of the invention, which is covered by the patent protection scope and 
which is made without the consent of the patent  owner shall constitute an infringement of the 
patent.  (2) (amended, State Gazette No. 64/2 006, in force as from 09.11.2006 ) Any person who offers 
for sale products, which are the subject matter of a patent and have been made by other 
persons in infringement of that patent, or who trades in or stocks such products with the aim 
of using them or who uses them, shall be liable for infringement only if he has acted 
intentionally.  (3) The patent owner and the holder of an excl usive license may institute patent infringement 
proceedings, unless otherwise agreed. Where the patent belongs to more than one person, 
each joint owner shall have the right to i ndependently institute patent infringement 
proceedings.  (4) The holder of a license of right in accordan ce with Article 30 and of a compulsory license 
in accordance with Article 32 may institute pa tent infringement proceedings if the patent IP/N/1/BGR/P/1/Add.1 
Page 14  
 
  owner does not exercise his own right to institu te such proceedings within six months of 
receipt of a written invitation to do so from the licensee.  (5) Any licensee may join patent infringement pr oceedings instituted by the patent owner. 
The same shall apply to the patent owner wh en proceedings have been instituted by the 
licensee in accordance with paragraphs (3) and (4). 
 (6) Patent infringement proceedings may also be instituted by the applicant prior to the grant 
of a patent, after a mention of the application has been published. 
 
Patent Infringement Proceedings  
Art. 28. (1) Patent infringement proceedings may include:  
1. action to ascertain the fact of infringement; 
2. action for compensation of the damages suffered and profits lost; 
3. action to enjoin the infringer from performing all infringing acts. 
 (2) Where proceedings under the preceding para graph lead to a conviction, the court may 
order, at the plaintiff's request:  
1. publication of the sentence in two daily newspapers at the expense of the infringer; 
2. reprocessing or destruction of the infringi ng articles and also, if the infringement 
was intentional, of the means with which the infringement was carried out. 
 
Right to Information 
 
Art. 28a ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) In case of patent 
rights infringement, the court may order, at the request of the plaintiff, that any information 
on the infringing products origin and distribut ion network be furnished by the defendant 
and/or any third party, who:  
1. has disposed of such products in trade; 
2. has been mentioned by the person refe rred to in item 1 as a participant in the 
production, making or distribution of the products. 
 (2) The information referred to in paragraph (1) shall comprise the names and addresses of the 
producers, distributors, suppliers and any othe r former possessors of the products, supposed 
wholesalers and retail dealers, as well as information on the produced, made, delivered, received or ordered quantities and the price of such products.  (3) The information referred to in paragraphs (1) and (2) may also be used for the purposes of 
criminal proceedings. 
 
(4) Paragraph (1) shall not apply to cases wh ere its effect is disproportionate to the 
infringement severity.  (5) Any person who places on the products and th e packaging thereof a marking such as to 
create the impression of the products being protect ed by a patent or being the subject matter 
of a patent application, or an y person who uses such marking in advertising or information 
materials, shall present, on request, immediate information about the patent or the patent 
application to any third party having legal interest in it. 
  IP/N/1/BGR/P/1/Add.1 
 Page 15 
 
 
  Burden of Proof 
 
Art. 29. Where the rights of the patent owner under Article 19(5) are infringed, the burden of 
proving that the 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) ( supplemented, State Gazette No. 66/2002 ) At the request of the applicant or 
patent owner, and provide d 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. 
 (2) The request by the applicant or patent ow ner shall contain a written statement that he 
authorizes any person to use the invention unde r the conditions of a non-exclusive license in 
return for equitable license remuneration. 
 
(3) The written statement under the preceding pa ragraph shall be published in the Official 
Bulletin of the Patent Office.  (4) The licensee may at any time renounce the license by written notification to the patent 
owner. 
 
(5) Where an offer of license is made in respect of the patented invention (license of right), the annual patent fees shall be reduced by 50 percent, excluding the fees already paid.  (6) The patent owner may at any time request in  writing that the offer of license (license of 
right) be terminated. Withdrawal of the offer of license shall be published in the Official 
Bulletin of the Patent Office and shall entail loss of the rights referred to in the preceding 
paragraph.  (7) Withdrawal of the offer of license shall have no effect on licenses already granted or 
requested. 
 Contractual License 
 
Art. 31. ( amended, State Gazette No. 83/1996 ) (1) An invention for which a patent is sought 
or has been obtained may be the subject of a licensing contract. 
 
(2) Exclusive, non-exclusive, full or limited licenses may be granted under a licensing contract.  (3) (supplemented, State Gazette No. 83/1996 ). An exclusive license shall be expressly agreed 
on. The licensor under an exclusive licensing cont ract shall not be entitled to grant licenses 
for the same subject matter to other persons. He himself shall have the right to use the 
licensed invention only if explic itly stated in the contract. 
 (4) The licensing contract shall have effect w ith respect to third parties as from the date on 
which it is recorded in the register at the Patent Office. 
 
(5) (amended, State Gazette No. 45/200 2; deleted, State Gazette No . 64/2006, in force as from 
09.11.2006 ). 
 IP/N/1/BGR/P/1/Add.1 
Page 16  
 
  Patents as a Security Object 
 
Art. 31a ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) (1) A patent may be a 
security object in civil action proceedings.  
(2) Security shall be recorded in the State Regi ster of Patents at the request of one of the 
action parties.  (3) The request shall contain data identifying th e patent owner and the person in whose favor 
the security was afforded, data identifying the patent, such as nu mber and title, and the kind 
of the security measure. The request shall be accompanied by a document establishing the 
security.  (4) The security shall have effect with respect to third parties as from the date on which a 
mention about its entry into the State Register of Patents is published in the Official Bulletin 
of the Patent Office. 
 
Patents as a Registered Pledge Object 
 
Art. 31b ( new, State Gazette No. 64/2006 , in force as from 09.11.2006 ) (1) A patent may be a 
registered pledge object. 
 
(2) The provisions of Articles 26 to 31 of the Re gistered Pledges Law shall apply to recording 
of registered pledges in the State Register of  Patents. Where the patent is a joint possession, 
the registered pledge recording shall require  the written consent of all joint owners. A 
certificate shall be given to the pledger. W ithin two months following the recording, a 
publication shall be made in the Official Bulletin of the Patent Office. 
 (3) The pledge shall have effect with respect  to third parties as from the date on which a 
mention about its entry into the State Register of Patents is published in the Official Bulletin 
of the Patent Office. 
 
Patents in Bankruptcy Proceedings  
Art. 31c ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) A patent shall be 
included in the bankrupts estate in bankr uptcy proceedings against its holder. 
 
(2) Where the patent is a joint possession, paragr aph 1 shall apply in accordance with the co-
owner’s share.  (3) The fact of the patent being included in th e bankrupts estate shall be recorded in the State 
Register of Patents by virtue of a court order a nd shall be published in the Official Bulletin of 
the Patent Office within two months following the recording date. 
 Compulsory License 
 
Art. 32. (1) ( amended, State Gazette No. 64/200 6, in force as from 09.11.2006 ) Any person 
concerned, who has unsuccessfully tried to get a contractual license from the holder under fair 
conditions, may request the Patent Office to grant him a compulsory license to use the 
invention, provided that at least one  of the following conditions is met: 
  IP/N/1/BGR/P/1/Add.1 
 Page 17 
 
 
  1. failure to use the invention for a period of four years from filing of the patent 
application or three years from the grant of a patent, the time limit which expires later 
being applicable; 2. insufficient working of the invention to  satisfy the needs of the national market, 
within the time limits set out in item 1 above, unless the patent owner gives valid 
reasons therefor. 
 (2) The person requesting a license under the preced ing paragraph shall be required to prove 
that he is in a position to work the inventi on within the limits of the compulsory license 
requested. 
 
(3) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) Beyond the cases referred 
to in paragraph (1), a compulsory license ma y be granted, where demanded by the public 
interest, without negotiating with the holder of the right in the invention enjoying patent 
protection. 
 
(4) (former paragraph 3; amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) 
A compulsory license may be granted to a holder,  whose invention is the subject matter of a 
later patent and is included in the scope of a nother, earlier patent, if the owner of the earlier 
patent refuses to grant a license under fair c onditions, where the subject matter of the later 
patent represents significant technical progress of great economic importance compared to the 
subject matter of the earlier patent. The owner of  the earlier patent shall be entitled to a cross 
license under reasonable conditions for working th e invention claimed in the later patent. 
 (5) ( former paragraph 4, State Gazette No. 64/2006, in force as  from 09.11.2006 ) A 
compulsory license may only be non-exclusive.  It may only be assigned together with the 
enterprise in which the licensed  invention is being worked. 
 (6) ( former paragraph 5, State Gazette No. 64/2006, in force as  from 09.11.2006 ) A 
compulsory license may be terminated if within one year of its grant the licensee has made no 
preparation for working the invention. A compulso ry license shall be terminated in all cases if 
the licensee fails to start working the in vention within two years of grant. 
 
(7) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The scope of a compulsory 
license shall be determined by the purpose it was granted for.  (8) ( former paragraph 6, State Gazette No. 64/2006, in force as  from 09.11.2006 ) A 
compulsory license shall not be grante d to an infringer of the patent. 
 (9) (former paragraph 6, State Gazette No. 64/2006, in force as  from 09.11.2006 ) Bilateral 
and multilateral treaties to which the Republic of  Bulgaria is a party may lay down further 
conditions for the grant of a compulsory license to patent owners from States party to such 
treaties. 
 
(10) ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) The compulsory licensee 
shall owe the patent owner remuneration.  (11) ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) A compulsory license 
shall be terminated as soon as the ground therefore no longer exists. 
 (12) ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) The procedure of granting 
and terminating compulsory licenses shall be specified in the Regulation referred to in 
Article 55(3). IP/N/1/BGR/P/1/Add.1 
Page 18  
 
   
Compulsory Cross-License 
 
Art. 32a (( new, State Gazette No. 64/20 06, in force as from 09.11.2006 ) (1) Where a breeder 
cannot obtain or use the right in a plant variety without infringing an earlier patent, he may 
apply for a compulsory license for non-exclus ive use of the invention enjoying patent 
protection, in so far as the license is required fo r using the plant variety for the purposes of its 
legal protection, subject to the payment of a respective remuneration. Where such a license is 
granted, the patent owner shall be entitled to  a cross-license for using the protected plant 
variety under fair conditions. 
 
(2) Where the owner of a patent for a biotechnological invention cannot use it without infringing an earlier plant variety right, he may apply for a compulsory license for non-exclusive use of the protected plant variet y, subject to the payment of a respective 
remuneration. Where such a license is granted, the protected variety owner shall be entitled to 
get a cross-license for using the invention under fair conditions. 
 (3) The person applying for the grant of a com pulsory license according to paragraphs (1) and 
(2) shall prove that:  
1. he has tried unsuccessfully to get a contractual license from the patent or plant 
variety owner; 
2. the plant variety or the invention repr esents significant technical progress of great 
economic importance compared to the patented invention or the protected plant variety. 
 
Fees for Maintaining Patents  
Art. 33. (1) ( amended, State Gazette No. 66/2002 ) Annual maintenance fees shall be paid in 
respect of a patent, each patent year starting from the filing date of the patent application, and the first patent year starting from that date too.  
(2) (amended, State Gazette No. 66/2002 ) Advance payment of the patent annuity for each 
subsequent patent year shall be effected no late r than on the last day of the month, in which 
the preceding patent year expires. Payment may not  be effected for more than one patent year. 
 (3) (amended, State Gazette No. 66/2002 ) In case of failure to observe the term referred to in 
paragraph (2), the patent shall still remain in force, provided that the patent owner pays the 
due fee at twice the rate within six m onths following expiration of that term. 
 (4) (new, State Gazette No. 66/2002; amended, St ate Gazette No. 64/2006, in force as from 
09.11.2006 ) Patent annuities until such time as a decisi on is taken to grant a patent, as well as 
the current patent annuity, shall be paid togeth er with the patent grant fee and the fee for 
publishing the mention of the patent grant in correspondence with and subject to the 
provisions of Article 53. Where the current pate nt year expires within the three-month term 
referred to in Article 53, the fee for the next patent year shall be paid too. 
 
  IP/N/1/BGR/P/1/Add.1 
 Page 19 
 
 
  Chapter IV - Proceedings Before the Patent Office 
 Filing of Patent Application 
 
Art.34. (1) ( amended, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) Patent 
applications shall be filed with the Patent Offi ce and shall be recorded in the State Register. 
The manner of drafting and the procedure of filing and examination at the Patent Office shall be laid down in a regulation of the Council of Ministers.  (2) The filing date of the application shall be th e date of receipt at the Patent Office of the 
following documents: 
 
1. a request for the grant of a patent containing the title of the invention and the data identifying the applicant, in the Bulgarian language; 2. a description of the invention, disclosing at least its essential elements. 
3. (deleted, State Gazette No. 66/2002 ) 
 
Contents of Patent Application 
 
Art. 35. (1) In addition to the compulsory docu ments referred to in Article 34(2), the patent 
application shall contain: 
 
1. one or more claims; 2. drawings, if needed to understand the invention; 3. an abstract; 4. a written statement and a priority certificate, where priority is claimed; 
5. (deleted, State Gazette No. 66/2002 ) 
 (2) (new, State Gazette No. 66/2002; amended, St ate Gazette No. 64/2006, in force as from 
09.11. 2006) The application shall be accompanied by a document certifying payment of the 
fees for filing, formal requirements examina tion, preliminary examination and admissibility, 
patent claims and priority claims. 
 
(3) (former paragraph 2; amended, State Gazette No. 66/2002; amended, State Gazette No. 
64/2006, in force as from 09.11.2006 ) The documents in the application shall be submitted in 
the Bulgarian language; the description, claims, dr awings and abstract shall be filed in three 
copies. If the documents referred to in paragraph (1), items 1,  2 and 3 and Article 34(2)2 are 
filed in a language other than Bulgarian, the filing date may be maintained if they are 
furnished in the Bulgarian language within thr ee months of that date. This term is non-
extendable.  (4) ( former paragraph 3, State Gazette No. 66/2002 ) If the applicant files the application 
through an 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 well as a written statement of prep aredness for licensing, if the applicant so 
wishes. IP/N/1/BGR/P/1/Add.1 
Page 20  
 
   
Description of Invention 
 
Art. 37. (1) ( amended, State Gazette No. 64/ 2006, in force as from 09.11. 2006) The 
description shall contain the title and the techni cal 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 inve ntion 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) (amended, State Gazette No. 66/2002; amended, State Gaze tte No. 64/2006, in force as 
from 09.11. 2006) 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 inven tion to be carried out by  a person skilled in the 
art, the description shall contain the biological ma terial deposit data -- the number and date of 
the deposit and the name and address of the in ternational depositary authority according to 
Article 7 of the Budapest Treaty on the International Recognition of the Deposit of 
Microorganisms for the Purposes of Patent Pro cedure, the deposit being made no later than 
the priority date. The description of the app lication shall contain all information on the 
characteristics of the deposited biological material the applicant disposes of.  (3) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) If the biological material is 
deposited outside the Republic of Bulgaria, the a pplicant shall, within three months following 
publication of a mention about the patent applica tion, make a deposit of that material in the 
National Industrial Microorganisms and Cell Cu ltures Bank too, so that any person who has 
the right of access could get a biological materi al 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) ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) 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 de posit of the material within a term and in a 
manner as laid down in the regulati on referred to in paragraph (3). 
 
(5) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) Where an invention relates 
to a sequence or partial sequence of a gene, the patent applicati on shall contain a disclosure of 
the industrial applicability of such sequence. 
 
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 summarize the nature of the invention and shall serve for information purposes only. 
  IP/N/1/BGR/P/1/Add.1 
 Page 21 
 
 
  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 
considered satisfied if there is a technical relationship between the inventions involving one 
or more identical or similar specific technical features.  (3) Specific technical features shall mean the t echnical features, which define the contribution 
that each invention, considered as a wh ole, makes to the state of the art. 
 (4) The fact that a patent has been granted fo r an application that did not comply with the 
requirement referred to in paragraph (1) sha ll not be grounds for invalidating the patent. 
 
Division of Application  
Art. 41. (1) ( amended, State Gazette No. 66/ 2002) If the requirements of Article 40 are not 
satisfied, the Examination Department shall pr opose to the applicant that he divides 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 sh all 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) (amended, State Gazette No. 66/ 2002; amended, State Gazette No. 64 /2006, in force as 
from 09.11.2006 ) An applicant may divide his appli cation of his own volition at any time 
until receipt of a notice according to Article 47(5) or until receipt of a decision according to Article 46(1), Article 46a(1) and (2), and Artic le 47(3) in connection therewith. 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 f iling or priority date, as appropriate, of the 
resulting applications, provided that the re quirements of Article 34(2) are satisfied. 
 
Amendments to Application 
 
Art. 42. ( amended, State Gazette No. 66/ 2002) (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 invalidation proceedings.  (2) ( amended, State Gazette No. 66/20 02, in force as from 09.11.2006 ) The applicant may 
amend the application of his own volition up to  the publication under Article 46c or, if no 
publication has been made, until receipt of a notice under Article 47(5) or until receipt of a 
decision under Article 46(1), Article 46a(1) and (2),  and Article 47(3), subject to the payment 
of the prescribed fee.  (3) The amendments referred to in paragraphs  (1) and (2) may not extend beyond the content 
of the application as filed. During invalidati on proceedings, no amendments may be made to 
the patent claims, which would extend the scope of protection. 
 IP/N/1/BGR/P/1/Add.1 
Page 22  
 
  Withdrawal of Application 
 
Art. 43. ( amended, State Gazette No. 66/ 2002) 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 the art referred to in Article 8(3). 
 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. 
 
(2) (amended, State Gazette No. 64/2006; amended, State Gaze tte No. 66/2002, in force as 
from 09.11.2006 ) A priority right under internationa l treaties to which the Republic of 
Bulgaria is party shall be afforded if, within two months of the filing date of the application 
with the Patent Office, the applicant submits a declaration of priority containing the number, 
date and country of the initial application. The pr iority right shall be established within up to 
three months from the filing date of the applica tion with the Patent Office. Within the same 
period, the applicant shall pay a fee for the clai med priority too. Failure to comply with the 
above time limits or to pay the priority fees sh all result in the loss of the priority right. The 
priority data may be changed within these time limits.  
(3) At the request of the applicant, any patent  application may enjoy the priority of earlier 
applications filed by that applicant. Each su ch application shall have been filed with the 
Patent Office in compliance with this Law a nd shall have a filing date no earlier than 12 
months before the filing date of the patent app lication and no national or international priority 
may have been requested for it. The time limits  beginning with a priority date shall start from 
the earliest such date. 
 (4) The priority of earlier applications filed with the Patent Office, in accordance with the 
preceding paragraph, may be requested within tw o months of the filing date of the patent 
application and the applicant shall specify in th e declaration the number and filing date of the 
earlier applications. 
 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 wher e the applicant gives his consent in writing. 
 
(2) (deleted, State Gazette No. 64/2 006, in force as from 09.11.2006 ) 
 (3) (amended, State Gazette No. 45/200 6; deleted, State Gazette No . 64/2006, in force as from 
09.11.2006 ) 
 
(4) The provision by the Patent Office of the bibliographic data of unpublished applications 
shall not infringe the confidentiality requirements. 
 
Examination as to the Availability of Classified Information 
 
Art. 45a ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) Where the 
applicant is a Bulgarian citizen with a perman ent address in the Republic of Bulgaria or a 
legal person with a principle place of business in the Republic of Bulgaria, the competent 
authorities referred to in Article 24(3) shall, within one month from the filing date of the  IP/N/1/BGR/P/1/Add.1 
 Page 23 
 
 
  application, examine it as to whether it contains  classified information within the meaning of 
Article 25 of the Law on the Protection of Classified Information.  (2) Where the application is found to contain cl assified information, it shall be sent in due 
order to the competent authorities, and the latte r shall, within three months from receipt 
thereof, determine the level of security classification. 
 (3) If, on expiry of the term referred to in paragraph (2), no information is received at the 
Patent Office concerning the security classification level, it shall be considered that the application is not a secret patent application. 
 
(4) Where the application has been filed as a secret patent application and, after the examination referred to in paragraphs (1) to  (3), no security classification level has been 
determined by the competent authorities, the Pate nt Office shall inform the applicant that the 
application contains no secret invention a nd shall ask for his express consent for the 
application to be examined in accordance w ith the ordinary provisions. In case no such 
consent is received within three months, the a pplication shall be deemed to be withdrawn. 
 
Examination of the Formal Requirements (title amended, State Gazette No. 64/2006, in force as 
from 09.11.2006 ) 
 
Art. 46. (1) ( amended, State Gazette No. 66/2002; am ended, State Gazette No. 64/2006, in 
force as from 09.11.2006 ) Within one month following the examination referred to in 
Article 45a (1) or (3) or from the date of filin g of an application by a foreign applicant, any 
application bearing a filing date shall be subjected to examination as to its compliance with the requirements of Article 35, paragraph (1), it ems 1, 2 and 3, paragraph (4), and Article 36. 
If deficiencies are ascertained, the applicant sh all be informed thereof and shall be given a 
three-month time limit to correct them. If the applicant fails to respond or to make the 
corrections within the above time limit, a deci sion shall be taken to terminate the procedure. 
 (2) (new, State Gazette No. 66/ 2002) Where the patent application is not accompanied by a 
document certifying payment of the fees referred to in Article 35(2), the applicant shall be 
given three months to pay them. If the applicant fa ils to do so, the application shall be deemed 
to be withdrawn.  (3) (former text of paragraph 2; amended, State Gazette No. 66/2002; amended, State Gazette 
No. 64/2006, in force as from 09.11.2006) Where on expiration of the three-month time limit 
referred to in Article 35(3) it is established that  no Bulgarian translation has been furnished, 
the application shall be deemed to be withdraw n and the applicant shall be informed thereof. 
 (4) (new, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) Where priority is claimed 
according to Article 44(2) or (3), examination shall be carried out on expiry of the three-
month time limit referred to in Article 44(2) as to whether the requirements of Article 44, 
Article 35, paragraph (1), item 4 and paragraph (2) are satisfied. If discrepancies are 
ascertained, the applicant shall be  informed thereof and shall be given one month to submit 
his comments. If the applicant fails to respond or his arguments are groundless, the priority claim shall not be granted and the appl icant shall be informed respectively. 
 
Preliminary Examination and Examinatio n as to Legal Protection Admissibility 
 
Art. 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 ex amination under Articles 37, 38 and 40. If IP/N/1/BGR/P/1/Add.1 
Page 24  
 
  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.  (2) Within the term referred to in paragraph (1), examination shall be performed also for 
compliance with the requirements of Article 6( 2) and (4) and Article 7. If deficiencies are 
ascertained, the examiner from the Examinati on Department shall inform the applicant 
thereof and shall give him three months to submit his comments. If the applicant fails to 
respond or his arguments are groundless, a decision shall be taken to refuse grant of a patent. 
 
Request for Search and Examination  
Art. 46b ( new, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) Until the expiration of 
13 months from the filing date of the applica tion or the priority date, as appropriate, the 
applicant may file a search and examination request. 
 
(2) Along with the request referred to in paragr aph (1), the applicant shall pay a search and 
examination fee, as well as a publication fee for the application. In case of failure to pay the 
fees at the time of filing the request, they may s till be paid at twice the rate within one month 
following the filing date of the requ est referred to in paragraph (1). 
 
(3) Where no request under paragraph (1) is filed with regard to the application, and/or the 
fees referred to in paragraph (2) are not paid, the application may be transformed into an 
application for utility model registration at the re quest of the applicant, which shall be filed 
prior to the expiration of 15 months from its pr iority date in accordance with a procedure as 
laid down in the Regulation referred to in Artic le 34(1). If no such request is filed, the 
application shall be deemed to be withdrawn and the applicant shall be informed thereof. 
 (4) A patent application relating to the subject matter referred to in Article 73(5) may not be 
transformed into an application for utility m odel registration according to paragraph (3). 
Where a transformation request is received with respect to such application, an examiner from 
the Examination Department shall inform the applicant of the transformation inadmissibility 
and shall give him one month to submit his comme nts and corrections. If the applicant fails to 
respond or his arguments are groundless, the transformation request shall not be granted and the patent application shall be  deemed to be withdrawn. 
 
Publication of a Mention of Applications 
 
Art. 46c (1) ( new, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) A mention shall be 
published in the Official Bulletin of the Patent O ffice of an application with respect to which 
a request has been filed and the fees have been paid under Article 46b, such publication 
following expiration of the eighteenth month after the filing date or the priority date, as appropriate, except in those cases where: 
 
1. the application is withdrawn accordi ng to Article 43, considered withdrawn 
according to Article 45a(4) and Article 46(2) , the proceedings therein are terminated 
under Article 46(1), Article 46a(1) or Articl e 47(4), or refused under Article 46a(2) or 
Article 47(3); 
2. at the applicant's request accompanied by a document certifying payment of the 
prescribed fee, the mention of the applica tion is published before expiration of such 
time limit; 
  IP/N/1/BGR/P/1/Add.1 
 Page 25 
 
 
  (2) At the same time as publishing a mention of the application, the Patent Office shall 
provide access to its description, claims and drawings. 
 
Objections from Third Parties 
 
Art. 46d ( new, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) Within three months 
following publication of a mention of the app lication under Article 46c, any person may file 
written substantiated objections concerning the patentability of the subject matter of the 
application. The objecting persons may not be participants in the application proceedings. 
 
Search and Examination (title amended, State Gazette No. 64/ 2006, in force as from 09.11.2006) 
 
Art. 47 ( amended, State Gazette No. 66/2002; amen ded, State Gazette No. 64/2006, in force 
as from 09.11.2006) (1) In respect of each application, fo r which a request has been filed and 
the fees have been paid as referred to in Article 46b, an examiner from the Examination 
Department shall investigate the state of the art in accordance with Article 8 and shall draw 
up a search report and a written statement concer ning the patentability of  the invention in 
correspondence with Article 6(1) and Article 7a  in connection with Articles 8, 9 and 10. 
 (2) The report, the statement referred to in pa ragraph (1) and the written objections referred to 
in Article 46d, if any, shall be sent to the a pplicant no later than six months upon expiration of 
the term referred to in Article 46d, except for the cases where as a result of the search a 
conflict application was found under Article 8 (3) or (4), and in such case the report and the 
statement shall be sent after its publication. Th e applicant shall dispose of three months to 
comment upon the statement and the objections received.  
(3) Where it is determined in the statement referr ed to in paragraph (1) that the invention is 
not patentable within the meaning of Article 6(1) and Article 7a, for it does not satisfy the 
requirements of Article 8, 9 or 10, and the app licant fails to respond within the term referred 
to in paragraph (2), fails to remedy the deficiencies or his arguments are groundless, a decision shall be taken to refuse grant of a patent.  
(4) Where the examiner from the Examination De partment reveals that the invention applied 
for is patentable, but the specification and/or the patent claims do not comply with the requirements of Article 37(1) and/or Article 38, he shall invite the applicant to rectify them 
within a three-month time limit. If the applicant fails to make the necessary corrections within 
the prescribed time limit, or fails to reply or  files a groundless objection, the examiner shall 
take a decision to terminate the proceedings in the application. 
 (5) Where, following the examination and th e correspondence with the applicant, it is 
revealed that the invention is patentable and the requirements of Article 37(1) and Article 38 
are satisfied, the examiner from the Examinati on Department shall invite the applicant in 
writing to pay the fees referred to in Article 33(4) and Article 53. 
 
(6) The examiner from the Examination Departme nt shall take a decision to grant a patent, 
provided that the fees referred to in paragraph (5 ) are paid. If the applicant fails to pay the 
fees, the application shall be deemed to be withdrawn. 
 
Transformation  
Art. 47a ( new, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) (1) The applicant may 
file a request for transformation of the patent application into an application for utility model 
registration before expiration of the term for payment of fees re ferred to in Article 53 or the IP/N/1/BGR/P/1/Add.1 
Page 26  
 
  term referred to in Article 56(1). The transf ormed application shall preserve the filing date 
and the priority date of the initially filed patent application, which is deemed to be withdrawn. 
 (2) The transformation referred to in paragraph (1) shall be effected in accordance with the 
requirements of Article73(5) and following the procedure laid down in the Regulation 
referred to in Article 34(1). If the applicant fails  to satisfy such requirements, the examiner 
from the Examination Department shall inform him thereof and shall give him three months 
to submit his comments and corrections. If the a pplicant fails to respond or his arguments are 
groundless, the transformation request shall not be  granted and the patent  application shall be 
deemed to be withdrawn. 
 Extension of Time Limits 
 
Art. 48. ( amended, State Gazette No. 45/2002; amended, State Gazette No. 66/2002; 
amended, State Gazette No. 64/20 06, in force as from 09.11.2006) At the applicant's request, 
submitted before expiration of the time limits  as laid down in Article 46(1) Article 46a, 
Article 47(2) and (4), Article 47a(2) 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 following the date on which the reas on for failure to comply with the time limit 
no longer exists, but no later than one year afte r the expiration of the exceeded time limit. The 
decision on renewal of the time limit shall be ta ken by the President of the Patent Office. 
 Publication of a Mention of Application 
 
Art. 50 ( deleted, State Gazette No. 64/2 006, in force as from 09.11.2006 ) 
 
Publication of a Mention of Patent Grant 
 
Art. 51. ( amended, State Gazette No. 66/2002; amended, State Gazette No. 64/2006, in force 
as from 09.11.2006) A mention of the grant of a patent shall be published in the Official 
Bulletin of the Patent Office right after the e xpiration 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. 
 
Access to Application 
 
Art. 51a ( new, State Gazette No. 64/2006, in force as from 09.11.2006) After the publication 
referred to in Article 51, any person shall be entitled to request  and be allowed access to the 
application in a granted patent as filed. 
 
Other Publications 
 
Art. 52. The Patent Office shall publish in its Official Bulletin data on the legal status of 
applications and patent grants, fee rates, instructions, and the like. 
  IP/N/1/BGR/P/1/Add.1 
 Page 27 
 
 
  Fees for Grant and Publication of Patents 
 
Art. 53. ( amended, State Gazette No. 66/2002; amended, State Gazette No. 64/2006, in force 
as from 09.11.2006) 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(5). If the applicant fails to pay the fees within the 
prescribed time limit, he may do so subseque ntly, within a one-month period, at twice the 
normal rate. 
  Chapter V - Disputes  Disputes Procedure 
 
Art. 54. Disputes arising from the creation, prot ection or use of inventions and utility models 
shall be considered and settled under administ rative, court or arbitration procedures. 
 
Administrative Procedure 
 
Art. 55. ( amended, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) (1) The following 
decisions may be appealed before the Disputes Department: 
 
1. refusal to grant a patent unde r Article 46a(2) and Article 47(3); 
2. suspension of the patent application pr ocedure under Article 46(1), Article 46a(1) 
and Article 47(4); 3. suspension of the utility model regi stration procedure under Article 75d(3) and 
Article 75e(3); 
4. refusal to register a utility model according to Article 75e (4). 
 (2) The Disputes Department shall also consider requests for:  
1. invalidation of a granted patent; 
2. cancellation of a utility model registration; 
3. grant or termination of a compulsory license. 
 (3) The disputes consideration procedure shall be  specified in a regulation of the Council of 
Ministers. 
 Time Limits for Appeal 
 
Art. 56. (1) ( amended, State Gazette No. 64/2 006, in force as from 09.11.2006) An appeal 
under Article 55(1) shall be filed by the pers ons concerned with the Disputes Department 
within three months of receipt of the decision, and it shall be accompanied by proof of 
payment of the prescribed fee. 
 (2) ( amended, State Gazette No. 64/20 06, in force as from 09.11.2006) A request under 
Article 55(2) shall be admissible throughout the term of validity of the patent or the utility 
model registration, and it shall be accompanied by proof of payment of the prescribed fee. 
 
(3) (deleted, State Gazette No. 64/2 006, in force as from 09.11.2006) 
 (4) In case of failure to comply with time limits or to pay fees, the appeal and the request shall 
not be considered. IP/N/1/BGR/P/1/Add.1 
Page 28  
 
   
Appeals Authority 
 
Art.57. (1) Appeals shall be heard by speci alized 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, while deci sions 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 Appeals Department  
Art. 58. ( amended, State Gazette No. 64/2006 , in force as from 09.11.2006) (1) The Disputes 
Department shall begin proceedi ngs within one month of receipt of the appeals or requests 
referred to in Article 55. 
 
(2) The parties to the proceedings shall particip ate therein. Written and oral evidence shall be 
admissible. In the cases referred to in Article 55(2), the Disputes Department shall send a copy of the request to the patent owner or to  the parties concerned and give them a three-
month time limit to respond.  
(3) With respect to appeals referred to in Artic le 55(1) and within a ni ne-month time limit, the 
board referred to in Article 57 shall:  
1. uphold the decision of the Examination Department; 2. reverse completely or partially the d ecision of the Examination Department, and 
refer the application back for renewed consideration. 
 (4) The decision of the Examination Department  taken after the second consideration of the 
application under paragraph (3), item 2 may be  appealed before the Disputes Department 
within the term referred to in Article 56(1), and a decision as to substance shall be taken. 
 
(5) After considering a request under Article  55(2) and within nine months following 
collection of all evidence related to the dispute, the board referred to in Article 57 shall take a 
decision to:  
1. reject the request as being unjustified; 
2. declare full or partial invalidation of the patent granted; 
3. grant or terminate a compulsory license. 4. completely or partially cancel the utility model registration. 
 (6) The decisions of the board referred to in Ar ticle 57 shall be confirmed by the President of 
the Patent Office. 
 
(7) The decisions referred to in paragraphs (3) to (6) shall be notified to the dispute parties 
within seven days.  (8) In the event of a declaration of par tial invalidation of the granted patent under 
paragraph (5) item 2 or partial cancellation of the utility model registration under 
paragraph (5) item 4, the granted patent or th e registration certificate respectively shall be 
replaced by a new one. 
  IP/N/1/BGR/P/1/Add.1 
 Page 29 
 
 
  Review by Court 
 
Art. 59. (1) ( amended, State Gazette No. 66/2002; am ended, State Gazette No. 64/2006, in 
force as from 12.07.2006; concerning the replacemen t of "the Sofia City Court" by "the Sofia 
Administrative Court -- in force as from 01.03.200 7, former text of Article 59, State Gazette 
No. 64/2006, in force as from 09.11.2006 ) Any party adversely affected by the decision of 
the Disputes Department under Article 58(3)1 a nd Article 58(5) may, within three months 
following receipt of the decision, bring an app eal before the Sofia Administrative Court under 
the Code of Administrative Procedure.  
(2) ( new, State Gazette No. 64/2006 , in force as from 09.11.006 ) Decisions of the 
Examination Departments referred to in Article  46(1), Article 46a(1) and (2), Article 47(3) 
and (4), Article 75d(3), and Article 75e(3) and (4) may not be appealed in court, if they have 
not been appealed through administrative channels. 
 
Disputes to Determine the True Inventor (title amended, State Gazette No. 66/2002 ) 
 
Art. 60. (1) ( amended, State Gazette No. 66/2002 ) Disputes to determine the true inventor 
shall be heard by the Sofia City Court.  (2) (amended, State Gazette No. 66/200 2; deleted, State Gazette No . 64/2006, in force as from 
09.11.2006 ). 
 (3) ( amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) Based on the 
enforceable court decision, the Patent Office sha ll enter the name of the inventor or inventors 
on the granted patent or registration certificate. 
 Disputes Concerning the Service Nature of Invent ions 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. 
 
(2) ( supplemented, State Gazette No. 64/20 06, in force as from 09.11.2006) Based on the 
enforceable court decision, the entitled person ma y request, within a three-month time limit, 
that a patent or certificate for utility model registration be granted to him.  
(3) ( supplemented, State Gazette No. 64/ 2006, in force as from 09.11.2006) Claims under 
paragraph (1) shall be raised not  later than one year after the date on which the grant of the 
patent or registration certificate becomes known.  (4) Disputes concerning the remuneration referred to in Article 15(5) and (6) shall also be 
heard as provided in paragraph (1). 
 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 h ear those disputes that are submitted to court. 
 IP/N/1/BGR/P/1/Add.1 
Page 30  
 
  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 hear d in court proceedings or in arbitration 
proceedings. 
 
(2) The Sofia City Court shall be competent to h ear those disputes that are submitted to court. 
 
Disputes Concerning Infringement of Exclusive Rights 
 
Art. 64. (1) ( amended, State Gazette No. 64/20 06, in force as from 09.11.2006 ) Disputes 
concerning infringement of exclusive rights shall be heard by the Sofia City Court.  (2) (new, State Gazette No. 64/2006, in force as from 09.11.2006 ) Where the defendant in an 
infringement action has filed with the Patent Offi ce a request for invalidation of the patent or 
cancellation of the utility model registration, th e court shall suspend the proceedings until 
such time as a final decision is taken on the request.  (3) (former paragraph (2), amended, State Gaze tte No. 64/2006, in force as from 09.11. 2006) 
Where the action is instituted by the applicant pr ior to the grant of a patent or utility model 
registration certificate, the proceedings shall be suspended until a decision is taken by the 
Patent Office. 
 (4) (former paragraph (3), amended, State Gaze tte No. 64/2006, in force as from 09.11. 2006) 
In the cases referred to in the preceding paragraph, the Patent Office shall be required to reach 
a decision within one year following the date  of notification of suspension of the court 
proceedings. 
 
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 Remunerati on 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 VI - International Applications Filed Under the Patent Cooperation Treaty Receiving 
Office 
 
Art. 67. (1) ( amended, State Gazette No. 66/ 2002) 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 Repub lic of Bulgaria or by 
applicants having their permanent addr ess or head-quarters in the country. 
 (2) (amended, State Gazette No. 66/ 2002) An international applica tion shall be filed in three 
identical copies in the English or Russian la nguage. 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 prio rity document shall be filed in one copy 
each.   IP/N/1/BGR/P/1/Add.1 
 Page 31 
 
 
  (3) ( amended, State Gazette No. 66/ 2002) A fee shall be due to the Patent Office for 
conducting international corresponde nce in addition to the fees due for the international filing 
under the Treaty. The fee shall be paid within one month of the filing date. Failing that, the 
proceedings in the application shall be terminated.  
(4) (amended, State Gazette No. 59/2 007, in force as from 01.03.2008 ) Where an application 
is filed in less than three copies, the Patent Office shall make the missing copies against appropriate payment. Failure to effect that payment shall not be a reason to terminate the 
procedure, but the receiving Office shall be en titled to request that immediate execution be 
ordered under Article 418 of the Code of Civil Procedure on the basis of an extract from its 
accounting records. 
 (5) (amended, State Gazette No. 64/2 006, in force as from 09.11.2006 ) In the cases referred to 
in Article 8(2)(b) of the Treaty, the procedure in the earlier national a pplication (applications) 
for the same invention shall be terminated. If the national phase is entered into for the 
international application, the procedure in the earlier national application shall be terminated. 
Where a patent has been granted in such cases on the earlier national application, the patent 
shall lapse as of the date of entry into eff ect of the patent granted on the international 
application, to the extent that they are the same.  (6) (amended, State Gazette No. 45/2002; amended, State Gaze tte No. 64/2006, in force as 
from 09.11.2006 ) Where an international application is  filed with the Patent Office of the 
Republic of Bulgaria in its capacity of a r eceiving office, and no earlier national application 
has been filed for the same invention, the in ternational application shall be subjected to 
examination under the procedure of Article 45a. The procedure shall continue if the 
competent authority establishes th at the invention is not secret. If the invention is secret, the 
application shall not be treated as international. 
 
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 well as the Patent Office,  may ask for a search on a national application 
to be carried out by an International Searchi ng Authority. 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 th e Republic of Bulgaria is a designated State in 
an international application. 
 
(2) (amended, State Gazette No. 66/ 2002) In order to enter the national phase, the applicant 
shall file the international application with the Patent Office within thirty-one months 
following the priority date, subject to the requi rements 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. 
 (3) Applications which have entered the nationa l phase shall be required to comply with the 
provisions of Articles 35, 36, 37, 38 and 39, with in the time limits laid down in Article 46(1). 
 IP/N/1/BGR/P/1/Add.1 
Page 32  
 
  (4) The Patent Office shall carry out additional search on the international application in cases 
where the search made by the International Sear ching Authority has been made for a part only 
of the invention. The prescribed fees for the a dditional search shall be paid within the time 
limits laid down in Article 46(1). 
 
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 Stat e elected by the applicant in which he intends 
to use the results of the intern ational preliminary examination. 
 
(2) (amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) Where the Republic of 
Bulgaria is elected, the appli cant shall file the documents under Article 69(2) for entry into 
the national phase within 31 months of the priority date.  
(3) (deleted, State Gazette No. 64/2 006, in force as from 09.11.2006 ). 
 (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. ( amended, State Gazette No. 66/2002; amended, State Gazette No. 64/2006, in force 
as from 09.11.2006 ) Where a foreign receiving Office has re fused to confer a filing date on an 
international application or has declared that the international application is deemed to be 
withdrawn or the designation of the Republic of Bulgaria is considered withdrawn, and the 
applicant files with the Patent Office a Bulgaria n translation of the application and pays the 
fees referred to in Article 35(2), respectively Article 75(1)6, the international application shall 
be treated as a national patent application or utility model registration application in 
accordance with the provisions of this Law. This  procedure shall equally apply in respect of 
an international application incorrectly declar ed by the International Bureau of the World 
Intellectual Property Organization (WIPO) to have been withdrawn. 
 
Publications 
 
Art. 72. (1) International applications publishe d by the International Bureau of the World 
Intellectual Property Organization (WIPO), in wh ich the Republic of Bulgaria is a designated 
State, shall be included in the state of the ar t from the date of their publication, if such 
applications have not entered into the national phase.  (2) (amended, State Gazette No. 64/2 006, in force as from 09.11.2006 ) The publication of a 
mention of an international application in th e Bulgarian language shall have the same legal 
effects as the publication of a mention of a national application in accordance with 
Articles 46c and 52. 
 
Chapter VI "a" - EUROPEAN PATENT APPLICATIONS AND EUROPEAN PATENTS 
UNDER THE EUROPEAN PATENT CONVENTION (new, State Gazette No. 66/2002 ) 
 Filing of European Patent Applications 
 
Art. 72a. ( new, State Gazette No. 66/2002 ) (1) European patent applications may be filed with 
the Patent Office of the Republic of Bulgaria or with the European Patent Office at Munich or  IP/N/1/BGR/P/1/Add.1 
 Page 33 
 
 
  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 with the European Patent Office only. 
 (2) Applicants having a permanent address or pr inciple place of business in the Republic of 
Bulgaria shall file European pa tent applications with the Pate nt 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. ( new, State Gazette No. 66/2002 ) (1) A European patent application designating the 
Republic of Bulgaria, which has been accorded a da te of filing and, where priority is claimed, 
a date of priority, shall be equivalent to a regular national filing with the Patent Office. 
 (2) Where the European patent application has been published by the European Patent Office, 
and after the applicant supplies a Bulgarian tran slation of the patent claims in triplicate 
together with the application bibliographic data  and pays the publication fee, the Patent Office 
shall make the translation available to the public  and shall publish a mention of the translation 
in the Official Bulletin. 
 (3) The applicant shall enjoy the rights under Ar ticle 18 from the date of the mention of the 
translation referred to in paragraph (2), subject to the provisions of Article 72c. 
 
Effect of the European Patent  
Art. 72c. ( new, State Gazette No. 66/2002 ) (1) A European patent designating the Republic of 
Bulgaria shall confer on its owner 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 tr iplicate and the publication fee is paid within 
three months following that date. 
 (2) The translation referred to in paragraph (1) shall comprise the title of the invention, the 
description, any drawings, and the patent claims.  
(3) The translation shall be supplied together with data identifying the patent owner, the 
number of the European patent application, th e publication number of the European patent, 
the number and date of the European Patent Bulle tin, in which the mention of the grant of the 
patent was published.  (4) The Patent Office shall publish in the O fficial Bulletin a mention of the Bulgarian 
translation of the European patent and the translation itself. 
 (5) The provisions of this Article shall appl y also to the European patent description and 
claims as amended during opposition proceedings under Article 102(3) of the Convention. 
 
(6) The European patent shall have no effect in  the territory of the Republic of Bulgaria from 
the filing date of the application if, within the te rm referred to in paragraph (1), the translation 
under 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 satisfied and the shortcomings are not removed 
within two months following the notification of the Patent Office. IP/N/1/BGR/P/1/Add.1 
Page 34  
 
   
Authentic Text of European Patent Application or European Patent. Making Corrections in the 
Translation 
 
Art. 72d. ( new, State Gazette No. 66/2002 ) (1) Where the Bulgarian translation referred to in 
Article 72b and 72c confers protection, which is na rrower 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 tran slation shall be the authentic text. 
 (2) Paragraph (1) shall not apply in Eu ropean patent invalidation proceedings. 
 
(3) The applicant for or owner of a European  patent may at any time supply a corrected 
translation, subject to the payment of the prescr ibed publication fee. The translated text shall 
be filed in triplicate. The Patent Office shall publish in the Official Bulletin a mention of the 
corrected translation received. Where the correc tions concern the European patent claims, the 
corrected translation shall be made available to the public at the same time as the mention in 
the Bulletin is published, and if the corrections re late to the translation of the European patent, 
the latter shall be published again w ith the corrections made therein. 
 (4) The corrected translation shall have eff ect with respect to third parties as of the 
publication date of the mention. 
 
(5) Any person who in good faith is using or has made the necessary preparations for using 
the invention, and such use would not constitute infringement of the application or patent in 
the original translation may, after the corrected  text takes effect, continue such use in the 
course of his business or for the needs thereof without payment. 
 Maintenance Fees for European Patents 
 
Art. 72e. ( new, State Gazette No. 66/2002 ) 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 whichthe European Patent  Office publishes the mention of the grant of 
the European patent. 
 
Conversion into a National Patent Application 
 
Art. 72f. ( new, State Gazette No. 66/2002 ) (1) ( supplemented, State Gazette No. 64/2006, in 
force as from 09.11. 2006) 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 into a national application for utility model registration, where:  
1. the application is deemed to be wit hdrawn pursuant to Article 77(5) of the 
Convention; 
2. the application is deemed to be wit hdrawn 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. 
 (2) The conversion request shall be filed within th e time limits referred to in Article 135(2) of 
the Convention. 
 (3) Within three months following the date of r eceipt of the request at the Patent Office, the 
applicant shall do the following:   IP/N/1/BGR/P/1/Add.1 
 Page 35 
 
 
  1. (supplemented, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) pay the 
fees referred to in Article 35(2), respectively Article 75(1)6, and 2. supply a Bulgarian translation of the Eur opean patent application as originally filed 
and, where appropriate, a corrected transl ation of the application as amended during 
proceedings before the European Patent Office. 
 Prohibition Against Simultaneous Protection 
 
Art. 72g. ( new, State Gazette No. 66/2002 ) (1) In the case of an invention disclosed in both a 
national patent and a European patent desi gnating the Republic of Bulgaria, both patents 
having the same filing date, respectively the same  priority date, and belonging to the same 
person or his successor in title, the na tional 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 Eu ropean 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. 
 
Invalidation of European Patent 
 
Art. 72h. ( new, State Gazette No. 66/2002 ) The decisions of the European Patent Office in 
proceedings for invalidation of a European pate nt 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. ( new, State Gazette No. 66/2002 ) 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 VI "b" – SUPPLEMENTARY PROTECTION CERTIFICATES (new, State Gazette 
No. 64/2006, in force as from accession of the Republic of Bulgaria to the European Union ) 
 
Grant of Supplementary Protection 
 
Art. 72j ( new, State Gazette No. 66/2002, in force as from the date of accession of the 
Republic of Bulgaria to the European Union ) (1) Supplementary protection certificates for 
products and devices enjoying patent protec tion shall be granted under the terms and 
procedure provided for in Regulation 176 8/92/EEC of the Council and Regulation 
1610/96/EC of the European Parliament and the Council. 
 
(2) The certificate application shall be filed with the Patent Office of the Republic of 
Bulgaria. Fees shall be paid under the tariff re ferred to in Article 5(1) for filing of the 
application, grant and maintenance of th e certificate, as well as for publications. 
 
(3) The procedure of granting supplementary pr otection certificates shall be laid down in a 
regulation of the Council of Ministers.  (4) The provisions concerning representation under Article 3, right to file applications under 
Article 13, legal protection scope  under Article 17, exclusive right contents under Article 19, IP/N/1/BGR/P/1/Add.1 
Page 36  
 
  limitations on the patent effect under Article 20,  exhaustion of rights under Article 20a, right 
of prior use under Article 21, lapse of patent under Article 26(1), (2) and (4), infringement of 
patent rights and patent infringement pro ceedings under Articles 27 and 28, right to 
information under Article 28a, preparedness fo r licensing under Article 30, contractual and 
compulsory licenses under Articles 31 and 32, patent maintenance fees under Article 33, 
renewal of time limits under Article 49, disput es under Articles 54, 55(1), 56(1) and (4) and 
Articles 57 to 59, shall apply to supplementary protection certificates as well, unless otherwise provided for in the regulatio ns referred to in paragraph (1). 
 
 
Chapter VIII - UTILITY MODELS 
 Patentable Utility Models 
 
Art. 73. ( amended, State Gazette No. 64/200 6, in force as from 09.11.2006 ) (1) Legal 
protection for utility models shall be granted th rough registration with the Patent Office. The 
registration shall have effect with respect to thir d parties as of the date of publication in the 
Official Bulletin of the Patent Office.  (2) The right to a registration shall belong to the person who has the right to file an application under Article 13. 
 
(3) Utility models shall be registered, which are new, involve an inventive step and are 
susceptible of industrial application.  (4) The objects referred to in Articles 6(2) and (4) shall not be regarded as utility models, in 
so far as legal protection is sought for them as such. 
 (5) No utility model registration shall be grante d to biotechnological inventions within the 
meaning of Article 7a, methods, chemical co mpounds or the use thereof, and the objects 
referred to in Article 7. 
 
Novelty  
Art. 73a ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) (1) A utility model 
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: 
 
1. everything made available to the public through use in the Republic of Bulgaria by 
means of a written or oral description or in  any other way, anywhere in the world, 
before the filing date or the priority date, as appropriate, of the utility model 
application. 
2. the contents of all national, European a nd international applications referred to in 
Article 8(3) and (4). 
 
Disclosure Which is not Prejudicial to Novelty 
 
Art.73b ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) A disclosure of the 
utility model shall not be prejudicial to novelty if it was carried out within twelve months 
preceding the filing date or the priority date, as appropriate, of the app lication for registration 
by:   IP/N/1/BGR/P/1/Add.1 
 Page 37 
 
 
  1. the applicant or his grantor; 
2. a third party in an evident abuse with respect to the applicant or his grantor. 
 (2) The privilege under paragraph (1) may be claimed at any time. 
 
Inventive Step  
Art.73c ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) A utility model shall 
be considered to involve an inventive step  if a person possessing ordinary knowledge and 
skills in the art cannot easily realize it on the b asis of the state of the art under Article 73a(2) 
item 1. 
 
Industrial Applicability 
 
Art.73d ( new, State Gazette No. 64/2006 , in force as from 09.11.2006 ) The industrial 
applicability of utility models  shall be determined in accordance with Article 10. 
 
Term of Validity 
 
Art.74 ( amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) The term of 
validity of a 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. 
 
Lapse of Registration 
 
Art. 74a ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) A registration shall 
lapse:  
1. on expiry of the respective term under Article 74; 2. on relinquishment by the owner -- as from the date of receipt of the written 
relinquishment declaration. 
 Cancellation of Registration 
 
Art. 74b ( new, State Gazette No. 64/2006 , in force as from 09.11.2006 ) A registration shall be 
cancelled at the request of any person, where: 
 
1. the utility model does not satisfy the re quirements of Article 73(3) in connection 
with Articles 73a, 73c and 73d; 2. the utility model falls under the provisions of Article 73(4) and (5). 3. the disclosure of the essential elements of  the utility model is not complete and 
clear enough so as to enable a person skilled in the art to realize it; 
4. the subject matter of the registered utility model extends beyond the content of: 
 
(i) the application as filed; (ii) the original application from which the application for utility model registration was divided in accordance with Article 41; 
(iii) the original patent application to  which the utility model application has 
made reference under Article 75b; (iv) the original patent application from which the utility model application 
was transformed under Articles 47a and 72f. 
 IP/N/1/BGR/P/1/Add.1 
Page 38  
 
  (2) If the grounds for cancellation refer to a part  only of the claims, cancellation shall be 
partial. The scope of protection shall be rest ricted through making respective amendments to 
the claims, description and drawings.  (3) The cancellation of a utility model registration sh all take effect as of the filing date of the 
application. 
 (4) A utility model registration shall be cancelled also where the owner did not have the right 
to file an application, this being established by an enforceable court decision. The person who 
has the right to file an application may request  that the utility model be registered to him 
without lapse of the registration. 
 (5) A utility model registration may be cancelled also at the request of a person who is the defendant in infringement proceedings, where it has lapsed under Article 74a.  
(6) The cancellation of a registration shall have no effect on: 
 
1. final decisions on utility model infringeme nt insofar as they have been enforced; 
2. licensing contracts concluded and ex ecuted prior to the cancellation, unless 
otherwise agreed therein. 
 Compulsory License 
 
Art. 74c ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) (1) A compulsory 
license shall be granted to a utility model ow ner, where the utility model cannot be used 
without infringing the right in another utility model the owner of which refuses to grant a 
license under fair conditions. 
 (2) A compulsory license shall be granted to a pa tent owner, where the invention according to 
the patent cannot be used without infringing th e right in a utility model the owner of which 
refuses to grant a license under fair conditions.  
(3) The compulsory license treatment under Article  32 shall equally apply to registered utility 
models. 
 
Disposal in Case of Parallel Protection 
 
Art. 74d ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) Where a patent is 
granted and a utility model is registered under th e provisions of Article 75b, the disposal of 
any of the two rights shall be regarded as disposal of the other.  (2) Where one of the rights referred to in para graph (1) has originated before the other, the 
disposal thereof shall have effect w ith respect to the later right too. 
 Infringement of Utility Model Rights 
 
Art. 74e ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ). The infringement of 
utility model rights shall be governed by the provisions of Articles 27, 28 and 28a 
respectively. 
  IP/N/1/BGR/P/1/Add.1 
 Page 39 
 
 
  Filing of Utility Model Application (title amended, State Gazette No. 64/2006, in force as from 
09.11.2006 )  
 
Art. 75 ( amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) An application 
for utility model registration shall be filed w ith the Patent office, and it shall comprise: 
 
1. a request for registration; 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. 
 (2) The application shall be accompan ied by the following documents as well: 
 
1. a Power of Attorney, where the applicati on is filed through an industrial property 
representative; 2. a priority declaration and a priority certif icate, where priority is claimed, as well as 
a document certifying payment of the priority fee; 3. a declaration as to the true inventor a nd for establishing the right to file, where the 
applicant is not the inventor. 
 
(3) The documents shall be submitted in the Bulgarian language, except for the priority 
certificate referred to in Article 44(2); the description, drawings, claims and abstract shall be furnished in two copies. If the documents are filed in a language other than Bulgarian, the 
filing date may be maintained if they are fu rnished in the Bulgarian language within three 
months of that date. This  term is non-extendable. 
 
Filing Date 
 
Art. 75a ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The filing date of the 
application shall be the date of receipt at the Patent Office of: 
 
1. request for registration, containing th e name and address of the applicant and the 
title of the utility model for which registration is sought; 2. description of the utility model; 3. drawings, if needed; 
4. one or more claims. 
 
Parallel Applications 
 
Art. 75b ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The applicant in a 
patent application may also file an applica tion 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.  This right may be asserted before  the expiration of two months 
of the date of receipt of the decision on the patent application under Articles 46(1); 46a(1) and 
(2); 47(3), (4) and (6), or of the decision on  the patent application under Article 58(3)2 and 
(4) of the Examination Department or the Dis putes Department, but not later that 10 years 
following the filing date of the patent application. 
 IP/N/1/BGR/P/1/Add.1 
Page 40  
 
  Requirements to the Application 
 
Art. 75c ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) (1) In addition to the 
data referred to in Article 75a, item 1, the request shall contain also:  
1. name and address of the inventor; 
2. a declaration as to the true inventor; 3. name and address of the industrial property representative, if any; 4. data concerning the priority claim – num ber, date and country of the priority 
document; 
5. a declaration with data identifying the pa tent application, where the application for 
utility model registration is filed in correspondence with Article 75b. 
 (2) The description shall contain 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 applican t, as well as the advantages of the utility model. 
 (3) The claims and abstract shall be governed by Articles 38 and 39. 
 
Examination of the Formal Requirements 
 
Art. 75d ( new, State Gazette No. 64/2006 , in force as from 09.11.2006 ) (1) Within one month 
following the date of filing of the application by  a Bulgarian citizen with a permanent address 
in the Republic of Bulgaria or a legal person with a principal place of business in the Republic 
of Bulgaria, the examination referred to  in Article 45a shall be conducted. 
 
(2) Within one month following the examination referred to in paragraph (1) or the date of 
filing of an application by a foreign applicant,  any application bearing a filing date shall be 
subjected to examination as to its compliance with the requirements of Articles 75, 75b and 
75c(1). If deficiencies are ascertained, the appli cant shall be informed thereof and shall be 
given one month to correct them.  
(3) Where the applicant fails to respond or to ma ke the necessary corrections within the above 
time limit and/or his arguments are groundless, a decision shall be taken to terminate the 
procedure.  (4) Where the applicant fails to furnish the document certifying payment of fees under 
Article 75(1)6 within the term refe rred to in paragraph (2), the application shall be deemed to 
be withdrawn.  (5) The presentation of the documents referred to in Article 75(2)2 shall be governed by 
Article 44. 
 
Registration Procedure  
Art. 75e ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) (1) An application 
satisfying the formal requirements shall be ex amined by an examiner from the Examination 
Department as to whether: 
 
1. the application meets the requirements of Article 75c(2) and (3) and Article 40; 
2. the utility model applied for registration falls under the provisions of Article 73(4) 
and (5);  IP/N/1/BGR/P/1/Add.1 
 Page 41 
 
 
  3. the utility model as disclosed in the app lication is in evident contradiction with 
Article 10. 
 (2) If deficiencies are ascertained, the applicant shall be informed thereof and shall be given 
three months to furnish his arguments and/ or make amendments to the application. 
 
(3) If the applicant fails to respond or to amend the application so as to eliminate the 
drawbacks referred to in paragraph (1), item 1 within the prescribed time limit, and/or his 
arguments are groundless, a decision shall be taken to terminate the proceedings.  
(4) If the applicant fails to respond or to amend the application so as to eliminate the 
discrepancies referred to in paragraph (1), ite ms 2 and 3 within the prescribed time limit, 
and/or his arguments are groundless, a decision shall be taken to terminate the proceedings.  (5) 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 appli cation shall be deemed to be withdrawn. 
 (6) 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. 
 (7) Where an application for utility model regist ration is filed in accordance with Article 75b, 
the decision to register it shall be taken on paym ent of the fees referred to in paragraph (5) 
and of a fee for extension of the term of validity of the registration for the period within 
which the applicant is invited to pay them. 
 
State of the Art Search 
 
Art. 75f ( new, State Gazette No. 64/2006 , in force as from 09.11.2006 ) (1) The applicant may 
file a request for state of the art search, subj ect to payment of the prescribed search fee. 
 
(2) 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. 
 (3) Within three months following receipt of the re quest referred to in paragraphs (1) or (2), a 
search report shall be drafted, which shall be sent to the requesting person together with the 
materials found.  (4) The persons referred to in paragraphs (1 ) or (2) may file a request for utility model 
examination on payment of a fee and furnis hing a search report under paragraph (3) or 
Article 47(1). 
 Suspension of Registration 
 
Art. 75g ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) Within three months 
following the filing date of the application, the applicant may request suspension of the utility 
model registration for a period of 15 months of  the filing date or the priority date, as 
appropriate. 
 IP/N/1/BGR/P/1/Add.1 
Page 42  
 
  Extension of Terms 
 
Art. 75h ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) The term referred to 
in Articles 75d(2) or 75e(2) may be extended by three months, but only once, at the request of 
the applicant filed prior to expiration of such term and subject to payment of the prescribed 
fee. 
 
Extension of the Term of Validity of Registration (title amended, State Gazette No.64/2006, in 
force as from 09.11.2006 ) 
 
Art. 76 ( amended, State Gazette No. 64/20 06, in force as from 09.11.2006 ) (1) 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.  (2) Each extension request shall be filed during the last year of the preceding term of validity 
of the registration. 
 (3) In case of failure to observe the term referred to in paragraph (2), 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. 
 
Publications (title amended, State Gazette No.64/ 2006, in force as from 09.11.2006 ) 
 
Art. 76 ( amended, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) (1) 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. 
 
(2) Within one month following the publication referred to in paragraph (1), a utility model 
registration certificate shall be issued and the d escription, drawings, claims and abstract shall 
be published.  (3) The Official Bulletin shall publish notificati ons of search reports and any changes in the 
legal status of the utility models. 
 
Access to Application 
 
Art. 77a ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) Following the 
publication of a mention of the registration, any person shall be entitled to request access to 
the application for utility model registration as filed, as well as to the report referred to in 
Article 75f(3). 
 
Treatment of Utility Models (title amended, State Gazette No.64/ 2006, in force as from 09.11.2006 ) 
 
Art. 78 ( amended, State Gazette No. 64/2006, in force as from 09.11.2006 ) The provisions on 
inventions shall equally apply to utility models, unless otherwis e provided in this Chapter, 
except for Articles 18, 22 and 30. 
 
  IP/N/1/BGR/P/1/Add.1 
 Page 43 
 
 
  Chapter VIII - 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 s ubject matter of industrial property, with 
headquarters in Sofia.  (2) (new, State Gazette No. 64/2006, in force as from 09.11. 2006) The Patent Office shall be 
financed by the State budget. The budget receipts of the Patent Office shall come from fees 
collected for the activities performed by the Patent Office, rents, donations, and the like. 
 (3) (new, State Gazette No. 64/200 6, in force as from 01.01. 2007) Funds to the amount of 25 
per cent of the annual salary finances rate accordi ng to the budget of the Patent Office shall be 
allotted for extra material stimulation of th e administration personnel, such funds being 
included in the State Budget Law of the Republic  of Bulgaria for the respective year. The 
procedure of granting such extra material stimul ation shall be laid down in the organizational 
regulations of the Patent Office.  (4) ( former paragraph (2), State Gazette  No. 64/2006, in force as from 09.11. 2006) The 
Patent Office shall be independent in its activiti es, and its final decisions on the protection of 
the subject matter of industrial property may be appealed before the courts in accordance with 
the relevant procedure.  (5) ( former paragraph (3), State Gazette  No. 64/2006, in force as from 09.11. 2006) The 
Patent Office shall comprise a President, at least one vice-president, State examiners and 
employees. 
 (6) ( former paragraph (4), State Gazette  No. 64/2006, in force as from 09.11. 2006) The 
President and his vice-presidents shall possess the following compulsory qualifications: over ten-year experience in the industrial property fi eld, and higher technical or legal education. 
The First Vice-President shall have competency  and experience in patent examination and 
shall possess patent qualifications. 
 (7) ( former paragraph (5), State Gazette  No. 64/2006, in force as from 09.11. 2006) The 
President of the Patent Office shall be appointed by the Prime Minister. 
 
Principal Tasks  
Art. 80. The Patent Office shall carry out the following principal tasks:  
1. examination and decisions in relation to  the protection of the subject matter of 
industrial property; 
2. (amended, State Gazette No . 81/1999, in force as from  14.12.1999; supplemented, 
State Gazette No. 64/2006, in force as from 09.11. 2006) grant patents for inventions 
and certificates for utility model registra tion; certificates for industrial designs, 
trademarks, service marks, appellations of  origin, and other documents for the 
protection of the subject matter of industrial property; 
3. consider disputes on examination decisi ons, requests for invalidation of protection 
documents and grant and termination of compulsory licenses; 4. invalidation, grant and termination of  compulsory licenses and dependence of 
protection documents; IP/N/1/BGR/P/1/Add.1 
Page 44  
 
  5. (new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) protection of 
biotechnological inventions and utility m odels in cooperation with the National 
Industrial Microorganisms and Cell Cultures Bank; 6. (former item 5, supplemented, State Ga zette No. 64/2006, in force as from 
09.11. 2006) represent the country in the re levant intergovernmental industrial 
property organizations, ensure fulfilment of  the country's obligations in compliance 
with the Patent Offices’ status as regu lated by the international agreements, and 
pursue international cooperation in this field, including such cooperation in the 
performance of industrial property searches and examination; 7. (former item 6, amended, State Gazette No. 64/2006, in force as from 09.11. 2006) 
effect publications and issue a bulletin  in accordance with this Law and the 
international agreements; conduct the intern ational exchange of  patent documents; 
establish and maintain industrial propert y information systems, and provide 
information services in connection with such industrial property; 8. (former item 7, State Gazette No. 64/2006, in force as from 09.11. 2006) issue 
regulations and instructions within the co mpetence of the Patent Office, and propose 
schedules of fees for the activities and services provided by the Office; 9. (former item 8, State Gazette No. 64/2006, in force as from 09.11. 2006) keep the 
State registers of protected industrial property; 10. ( former item 9, State Gazette No. 64/2006, in force as from 09.11. 2006) manage 
the Industrial Property Fund to be rai sed from donations, own finances and other 
revenue; 
11. ( former item 10, amended, State Gazet te No. 64/2006, in force as from 
09.11. 2006) perform training of staff in the field of industrial property; 
12. ( new, State Gazette No. 64/20 06, in force as from 09.11. 2006) stir public 
awareness in the field of industrial prope rty and promote the legal protection of 
industrial property and the innovation activity. 
 
President 
 
Art. 81. (1) The President shall manage the Pa tent Office and shall be responsible for the 
performance of the tasks of the Office; he shall issue the internal organizational regulations of 
the Office; he shall appoint the staff and exer cise official supervision over them; he shall 
represent the Patent Office in the internati onal organizations and unions; he shall sign 
bilateral and regional treaties w ith foreign patent offices. 
 (2) ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The President may, by 
means of a written order, delegate his powers to a vice-president. 
 (3) (former paragraph (2), amended, State Gaze tte No. 64/2006, in force as from 09.11. 2006) 
The President of the Patent Office shall pursu e cooperation with non-profit organizations in 
the field of industrial property. 
 
Structure  
Art. 82. (1) To assume the tasks set out in this Law, the Patent Office shall be required to establish main departments for:  
1. examination of the subject matter of industrial property; 
2. appeals; 3. legal matters; 4. patent information and publishing activity. 
  IP/N/1/BGR/P/1/Add.1 
 Page 45 
 
 
  (2) The Patent Office shall compile, maintain a nd store a central patent file, for the purposes 
of examination, services to industry and inte rnational patent docum entation exchange, known 
as the Central Patent Library.  (3) The President of the Patent Office shall dete rmine the structure and staffing of the Office. 
 Employees 
 
Art. 83. (1) Only persons of Bulgarian citizensh ip may be appointed employees of the Patent 
Office. 
 
(2) ( amended, State Gazette No. 64/20 06, in force as from 09.11.2006 ) Only persons with 
higher education and a patent law specialization, with not less than three years' experience in 
the field of examination, who have passed an  examination in the Patent Office may be 
appointed State examiners entitled to take deci sions on industrial property applications or 
final decisions on disputes. The conditions and procedure of conducting the examination shall 
be specified in an Act of the President of the Patent Office.  (3) (deleted, State Gazette No. 64/2 006, in force as from 09.11.2006 ). 
 (4) ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) The employees of the 
Patent Office shall not be entitled to file appli cations for the protection of industrial property 
or to be mentioned as inventors or co-inventors  for the time of their employment and one year 
after termination thereof. 
 
 
Chapter VIII "a" – Border Controls  (new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) 
 
Grounds and Scope of Application 
 
Art. 83a ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) (1). The customs 
authorities shall detain goods carried across th e State boundary, where there is good reason to 
believe that they are infringing a patent, suppl ementary protection certificate or registered 
utility model.  (2) The measure controls shall not apply to goods , which are not covered by the patent effect 
under Article 20 or which are made with th e consent of the owner of the patent, 
supplementary protection certificate or registered utility model. 
 (3) (in force as from the accession of the Repub lic of Bulgaria to the European Union ) The 
provision of paragraph (2) shall apply only if and insofar it does not contradict the provisions 
of Regulation 1383/2003/EC of the Council. 
 
Conditions for Border Controls Implementation   
Art. 83b ( new, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) Border controls 
shall be implemented at the written request of the owner of the patent or registered utility 
model, such request being addressed to the Cu stoms Agency. Where the owner of the patent, 
supplementary protection certificate or registered utility model has a permanent address or 
principal place of business outside the country, he shall give in the request an address for 
service in the territory of the Republic of Bulgaria.  IP/N/1/BGR/P/1/Add.1 
Page 46  
 
  (2) The request referred to in paragraph (1) sha ll contain a detailed descr iption of the goods. It 
shall be accompanied by a copy of the pate nt for invention, supplementary protection 
certificate or utility model certificate, as well as by a document certifying the validity thereof, 
such document being issued by the Patent Office.  
(3) Requests shall be considered and border c ontrols shall be implemented subject to the 
payment of fees collected by th e customs authorities, the amount of such fees being specified 
by the Council of Ministers.  (4) The customs authorities shall bear no respons ibility, when exercising control, for being 
unable to identify the goods whose detention is requested, or for their bona fide acts in 
detaining the goods.  (5) The procedure for implementing border controls  shall be laid down in a regulation of the 
Council of Ministers. 
  Chapter IX - Administrative Penal Provisions  Penalties 
 
Art. 84. (1) ( amended, State Gazette No. 11/1998; amended, State Gazette No. 45/2002; 
amended, State Gazette No. 64/2 006, in force as from 09.11.2006 ) A person who publishes 
the essential features of a secret patent application under Article 24 or who files an application abroad contrary to the provisions of  Article 25 shall be liable to a fine of 1000 to 
20 000 levs. 
 
(2) ( new, State Gazette No. 64/20 06, in force as from 09.11.2006 ) A person who fails to 
satisfy his obligation referred to in Article 28a(5) sh all be liable to a fine of 300 to 500 levs or 
a property sanction of 600 to 1 000 levs.  (3) (former paragraph (2), State Gazette No . 64/2006, in force as from 09.11.2006 ) 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 a nd may be appealed under the provisions of the 
Law on Administrative Offenses and Penalties. 
 
Additional Provisions 
 
§ 1. ( new, State Gazette No. 64/2006,  in force as from 09.11.2006 ) For the purposes of this 
Law:  
1. "Essentially biological process" is a process for the production of plants or animals, if it consists completely of natural phe nomena, such as cross-fertilization (cross-
breeding) or selection. 
2. "Microbiological process" is any process th at comprises, is applied to or leads to 
obtaining biological material. 3. "Biological material" is any material that contains genetic  information and is 
capable of self-reproduction or repr oduction in a biological system. 
4. "Paris Convention" is the Paris C onvention for the Protection of Industrial 
Property, signed on 20 March 1883 in Paris, with the amendments thereto, pursuant to the Decision of the Council of Ministers for Accession of the People’s Republic of 
Bulgaria to the Lisbon Version of the Conve ntion, ratified by Decree No. 663/1965 of 
the Presidium of the National Assembly ( State Gazette No. 75/1965 ).  IP/N/1/BGR/P/1/Add.1 
 Page 47 
 
 
  5. "Budapest Treaty" is the Budapest Treat y on the International Recognition of the 
Deposit of Microorganisms for the Purpo ses of Patent Procedure, signed on 
28 April 1977 in Budapest, ratified by Decree No. 903/1978 of the Council of State (State Gazette No. 38/1978 ). 
6. "Patent Cooperation Treaty" is the Patent Cooperation Treaty, concluded on 
19 June 1970 in Washington, ratified by Decree No. 2933/1983 of the Council of 
State ( State Gazette No. 77/1983 ). 
7. "European Patent Convention" is the C onvention for the Grant of European Patents 
(European Patent Convention) of 5 October 1973, ratified by a validating statute of 
the National Assembly ( State Gazette No. 15/2002 ). 
8. "Generic medical product" is a me dical product with the same qualitative and 
quantitative composition with respect to the active substances and the same medicinal 
form as the referential medical product, and its bioequivalence to the referential 
medical product is proved by appropriate tests for bioanalytical ability. The different peroral medicinal forms with immediate liberation are regarded as the same medicinal 
form. The various salts, esters, ethers, isom ers, composites of isomers, complexes or 
derivates of an active substance shall be re garded as the same active substance, unless 
they differ substantially in terms of harmlessness and/or efficacy. 
 
Transitional and Final Provisions 
 
§ 2. ( former § 1, State Gazette No. 64/2006, in force as from 09.11.2006 ) (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 w ith the Patent Office prior to the date of its 
entry into force.  
(2) Pending applications for inventors' certificat es 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 re quest shall be filed with the Patent Office 
within three months of the date on which the Pa tent Office notified the applicant, but no later 
than six months of the date of entry into force of this Law. 
 
(3) Applications for inventors' certificates fo r which no requests for conversion have been 
submitted under the preceding paragraph shall be deemed to have been  withdrawn and the 
procedures concerning them shall be terminated.  
§ 3. ( former § 2, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) Inventors' 
certificates granted prior to the date of entry in to force of this Law shall have a term of 
validity of 15 years, starting from the filing date. The same term of validity shall also apply to 
unpublished inventors' certificates.  (2) During the term of validity in accordan ce with the preceding paragraph, inventors' 
certificates may be converted into patents for inve ntions at the request of the inventor, subject 
to the provisions of Article 7. For inventors' certificates granted for service inventions, conversion may be requested by:  
1. the user of the invention; 
2. the author of the invention; 
3. the organization in which the invention has been made, where such organization is 
not the user. 
 IP/N/1/BGR/P/1/Add.1 
Page 48  
 
  (3) Requests under the preceding paragraph shall be  submitted to the Patent Office within six 
months of the date of entry into force of this Law.  (4) The Patent Office shall grant a patent to one  only of the applicants, observing the order of 
the entitled persons as laid down in paragraph (2). 
 
(5) If, within the time limit under paragraph (3 ), no request for conversion is submitted, any 
person concerned, but excluding fo reigners, may request the grant of a patent in his favor. 
The request shall be submitted no later than one year after the expiration of the time limit 
referred to in paragraph (3), and a patent sha ll be granted to the person submitting the first 
request. 
 (6) The rights deriving from patents under paragr aphs (4) and (5) shall become effective as 
from the date of the decision on conversion. Pe rsons who have made use of the invention 
before the date of conversion of the inventor's  certificate, but after the filing date of the 
application for the inventor's certificate shall not enjoy the right of prior use under Article 21. 
 (7) (deleted, State Gazette No. 66/2002 ). 
 (8) Inventors' certificates which have not b een converted into patents under the preceding 
paragraphs shall lapse. 
 
(9) Property and non-property rights of disc overers, authors of accepted and implemented 
inventions and innova tions, and of persons who have made accepted and implemented 
economically efficient proposals, which originated prior to the entry into force of this Law, 
shall be subject to the provision applicable hitherto. 
 
(10) ( amended, State Gazette No. 30/ 2006, in force as from 12.07.2007 ) The decisions of the 
Patent Office on conversion of a pplications and inventors' certificates into patents may be 
appealed in accordance with the Code  of Administrative Procedure. 
 § 4. ( former § 3, State Gazette No. 64/2006, in force as from 09.11.2006 ) Where inventors' 
certificates are converted into patents, fees shall be due for the grant of a patent and for the 
publication of the conversion. The annual fees fo r maintaining the patent shall become due as 
from the date of the patent grant.  § 5. ( former § 4, State Gazette No. 64/2006, in force as from 09.11.2006 ) (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 methods, including genetic engineering, 
the Patent Office shall grant a patent at the requ est of the patentee or the applicant, provided 
that:  
1. the product has not been put on sale in the territory of the Republic of Bulgaria up 
to the date of filing the patent application with the Patent Office; 2. no inventor's certificate has been issued  in the Republic of Bulgaria for subject 
matter identical to that for which th e grant of a patent is requested; 
3. the applicant or the patentee is enga ged in active commercial activities in the 
country of origin of the invention. 
 (2) A patent application in accordance with th e preceding paragraph shall be filed with the 
Patent Office within nine months of the date of entry into force of this Law and shall contain: 
  IP/N/1/BGR/P/1/Add.1 
 Page 49 
 
 
  1. the standard request form; 
2. a standard declaration concerning th e requirements of items 1 and 3 of the 
preceding paragraph; 3. a Bulgarian translation of the patent or the application and of the abstract in two 
copies; 
4. a copy of the patent or a certified copy  of the application issued by the Patent 
Office of the country concerned; 5. proof of payment of the fees; 6. power of attorney. 
 
(3) The applicant or the patentee shall subm it the documents referred to in the preceding 
paragraph within three months of th e filing date of the application. 
 (4) A patent granted in the Republic  of Bulgaria shall take effect: 
 
1. on the filing date of the application in accordance with paragraph (2), where a 
patent has been granted abroad; 2. on the date of receiving a notification on the grant of a patent for an application 
filed abroad.  
 (5) A patent granted in accordance with th e procedure and conditions laid down in the 
preceding paragraph shall lapse upon expiration of  the term of the patent granted in the 
country concerned, or on the date of a declaration of invalidity of the patent. 
 (6) Exceeded time limits under paragraphs  (2) and (3) may not be renewed. 
 
(7) Patent renewal fees shall be  paid in accordance with the year  of the patent in the country 
in which it was granted.  § 6. ( former § 5, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) Patents for 
inventions and additional patents granted before this Law entered into force shall maintain the 
term of validity afforded by the Law app licable at the time they were granted. 
 
§ 7. ( former § 6, State Gazette No. 64/2006, in force as from 09.11.2006 ) (1) In Article 48 of 
the Law on Trademarks and Industrial Designs (p romulgated in State Gazette No. 95 1967; 
amended, No. 55 of 1975 and No. 56 of 1986) th e words "Bulgarian Chamber of Commerce" 
shall be amended to read "industrial property representative." 
 
(2) The Bulgarian Chamber of Commerce and Indus try shall continue to act as an industrial 
property representative for up to si x 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. 
 § 8. ( former § 7, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) 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. 
 § 9. ( former § 8, State Gazette No. 64/ 2006, in force as from 09.11.2006 ) The conditions for 
the making and use of useful proposals which do not enjoy special legal protection shall be 
determined by a contract concl uded by the parties involved. IP/N/1/BGR/P/1/Add.1 
Page 50  
 
   
§ 10. ( former § 9, State Gazette No. 64/2006, in force as from 09.11.2006 ) The name of the 
Institute of Inventions and Rationalizations (IN RA) shall be changed to the Patent Office of 
the Republic of Bulgaria.  
§ 11. ( suppl. State Gazette No. 81/1999, in force as  from 14.12.1999; former § 10, amended, 
State Gazette No. 64/2006, in force as from 09.11.2006 )) The Council of Ministers shall issue 
the Regulation under Article 3 of this Law and a Secret Patents Regulation. 
 § 12. ( former § 11, State Gazette No. 64/2006,  in force as from 09.11.2006 ) This Law 
supersedes: 
 
1. the Inventions and Rationalizations  Law (promulgated in State Gazette, 
No. 81/1968; amended, No. 92/1969, No. 28/1982 and No. 56/1986); 2. the Law on Discoveries, Inventions and Innovation Proposals (promulgated in 
Izvestiya, No. 10/1961; amended, State Gazette No. 81/1968). 
 § 13. ( former § 12, State Gazette No. 64/2006, in force as from 09.11.2006 ) This Law shall 
enter into force on June 1, 1993, except for Article 3.  § 14. ( former § 13, State Gazette No. 64/2006, in force as from 09.11.2006 ) This Law shall be 
executed by the President of the Patent Office. 
 
 TRANSITIONAL AND FINAL PROVISIONS 
of the Law on the Amendment of the Patent Law (published in State Gazette No. 66/2002, in force 
as from 9 July 2002 ) 
 
§ 42. (1) This Law shall apply to patent appli cations for inventions and utility models filed 
after entry into effect of the Law, as well as to pending applications.  (2) Requests for invalidation of patents for inven tions 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 we re granted, shall be considered with a view 
to the provisions of the law applicable during th e time of examination of the application until 
such time as the final decision was taken.  
§ 43. Legal protection granted by patents for i nventions 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 wh ich the decision to grant a patent was taken. 
 § 44. Applicants having filed applications for i nventions or utility models prior to the entry 
into effect of this Law shall enjoy the priv ilege referred to in the wording of Article 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.   IP/N/1/BGR/P/1/Add.1 
 Page 51 
 
 
  § 46. ( amended, State Gazette No. 68/ 2002) The Law shall enter into force on the day of its 
promulgation in the State Gazette, except for § 20, item 1 (concerning Article 33(1), (2) and 
(3)) that shall take effect six months after entry into force of this Law. 
 
 
TRANSITIONAL AND FINAL PROVISIONS 
of the Code of Administrative Procedure 
(published in State Gazette No. 30/2 006, in force as from 12 July 2006 ) 
 
§ 101. The Patent Law (promulgated in St ate Gazette No. 27/1993; amended, No. 83/1996, 
No. 11/1998, No.81/1999, No. 45/2002, No. 66/2002, No. 17/2003) shall be amended as 
follows:  ...............................................................................  
2. The words "Law on Administrative Procedure" shall be replaced by "Code of 
Administrative Procedure".  ................................................................................  § 142. The Code shall take effect three months  after its promulgation in the State Gazette, 
except for: 
 1. Title Three, § 2, item 1 and § 2, item 2 -- concerning the abrogation of Chapter II "Appeal 
in Court";  
§ 9, items 1 and 2, § 11, items 1 and 2, § 15, § 44, items 1 and 2, § 51, item 1, § 53, item 1, 
§ 61, item 1, § 66, item 3, § 76, items 1 to 3, § 78, § 79, § 83, item 1, § 84, items 1 and 2, § 89, items 1 to 4, § 101, item 1, § 102,item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2, § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – concerning the replacement of the 
word "regional" by "administrative", and the re placement of "Sofia City Court" by "Sofia 
Administrative Court", coming into effect on 1 March 2007; 
 2. Paragraph 120, taking effect as of 1 January 2007;  3. Paragraph 3, taking effect as from the day of  promulgation of the Code in the State Gazette. 
  TRANSITIONAL AND FINAL PROVISIONS of the Law on the Amendment of the Patent Law 
(published in State Gazette No. 64/2006, in force as from 09.11. 2006 ) 
 
§ 74. (1) This Law shall apply to patent a pplications and applications for utility model 
registration filed after entry into effect of the Law, as well as to pending applications for 
patents for inventions and utility models.  (2) With respect to patent applications for inve ntions that are pending on the day of entry into 
force of this Law, no request under Article 46b shall be filed and the 6-month time limit 
referred to in Article 47(2) shall not apply.  (3) With respect to patent applications for utilit y models filed with the Patent Office prior to 
the date of entry into force of this Law and still pending on that date, may be converted into IP/N/1/BGR/P/1/Add.1 
Page 52  
 
  applications for utility model registration, at the request of the applicant. The request shall be 
filed with the Patent Office within three mont hs of the day the Patent Office notifies the 
applicant, but no later than 6 months following entry into effect of this Law.  (4) The fees for examination of utility model pate nt applications shall not be refunded to the 
applicant, and the Patent Office shall perform searches with respect to all applications for 
which a conversion request has been received  within the time limit referred to in 
paragraph (3). The search report accompan ied by a statement for compliance with 
Articles 73a, 73c and 73d shall be sent to the a pplicant within six months following the filing 
date of the request. 
 
(5) Utility model patent applications with r espect to which no conversion request has been 
received shall be deemed to be withdrawn.  § 75. Granted utility model pate nts shall be kept valid in accordance with the procedure 
prevailing hitherto. 
 § 76. (1) Secret patents granted in accordance w ith the procedure prevailing hitherto shall be 
exempted from maintenance fees.  (2) Declassification and invalidation of gran ted secret patents shall be carried out in 
accordance with Article 24. 
 § 77. ( in force as from the date of accession of th e Republic of Bulgaria to the European 
Union ) (1) The term of validity of patents gran ted under § 5 of the Transitional and Final 
Provisions shall be 20 years of the date of fili ng of the patent application in the respective 
country of origin. 
 (2) Within six months following the date of accession of the Republic of Bulgaria to the 
European Union, the owner of a patent gr anted under § 5 of the Transitional and Final 
Provisions and with a term of validity extended beyond the term referred to in paragraph (1) 
may file a request in accordance with th e procedure and conditions laid down in 
Regulation 1768/92/EEC and Regulation 1610/ 96/EC for the grant of a supplementary 
protection certificate for the subject matter of the patent, the term of validity of the granted certificate being specified in accordance with Article 22 of Regulation 1768/92/EEC.  (3) Patents granted under § 5 of the Transitiona l and Final Provisions and with a term of 
validity extended beyond the term referred to in  paragraph (1), with respect to which no 
request has been filed within the term under pa ragraph (2) or the grant of a supplementary 
protection certificate has been refused, shall lap se on expiry of the current patent year for 
which the respective annuity has been paid.  § 78. The Council of Ministers shall adopt th e regulations referred to in Articles 24(11), 
34(1), 37(3), 55(3) and 83b(5), and the Minister of Agriculture and Forestry shall issue the 
Regulation referred to in Article 20a(4) and (6) within a term of 6 months following entry into 
effect of this Law.  § 79. (1) A supplementary protection certificate may be granted for a medical product 
enjoying protection by a valid basic patent, for which the first authorization to place it on the 
market as a medical product has been obtained after 1 January 2000, provided that the certificate request is filed within 6 months follo wing the date of accession of the Republic of 
Bulgaria to the European Union.   IP/N/1/BGR/P/1/Add.1 
 Page 53 
 
 
  (2) A supplementary protection certificate may be granted for a plant protection product 
enjoying protection by a valid basic patent, for which the first authorization to place it on the 
market as a plant protection product has been obtained after 1 January 2000, provided that the certificate request is filed within 6 months follo wing the date of accession of the Republic of 
Bulgaria to the European Union. 
 
(3) The certificates referred to in paragraphs (1) and (2) shall be granted under the procedure 
referred to in Chapter Six "b".  § 80. After the date of accession of the Republic of Bulgaria to the European Union, the 
provision of Article 20, item 7 shall apply also to requests for placing on the market in any 
member State of the European Union or the European Economic Area.  § 81. (1) After the date of accession of the Repub lic of Bulgaria to the European Union, the 
owner or user of a patent or supplementary  protection certificate for a pharmaceutical 
product, for which an application has been f iled in a member State at a time when such 
protection could not be obtained for such product in the Republic of Bulgaria, may invoke the 
rights granted by that patent or supplementary protection certificate in order to prevent the import and circulation of such product in the me mber State or in the countries in which the 
product is enjoying patent or supplementary prot ection, even if the product was placed for the 
first time on the market in the Republic of  Bulgaria by him or with his consent. 
 
(2) Any person intending to import or circul ate a pharmaceutical product covered by the 
scope of paragraph (1) in a member State in which that product enjoys patent or 
supplementary protection shall gi ve proof in the import request to the competent authorities to 
the effect that a one-month notice has been addressed  to the owner or user of such protection. 
 
………………………………………………………………  § 83. This Law shall take effect three months after promulgation thereof in the State Gazette, 
except for:  
1. paragraph 15 -- concerning Article 20a(1), § 55 -- concerning Chapter Six "b", § 70 
– concerning Article 83a(3), a nd § 77, which shall take effect on the date of accession 
of the Republic of Bulgaria to the European Union;  2. paragraph 66, item 2 -- concerning Artic le 79(3), which shall take effect on 
1 January 2007. 
 
 TRANSITIONAL AND FINAL PROVISIONS 
of the Law on Pharmaceuticals Serving Human Medicine (published in State Gazette No. 31/2007, 
in force as from 13.04. 2007 ) 
 
§ 37. This Law shall take effect on the day of its promulgation in the State Gazette, except for 
§ 22, which shall take effect one year after entry into effect of this Law. 
 
 IP/N/1/BGR/P/1/Add.1 
Page 54  
 
  TRANSITIONAL AND FINAL PROVISIONS 
of the Code of Civil Procedure (published in State Gazette No. 59/2007, in force as from 
01.03.2008) 
 
§ 61. The Code shall take effect on 1 March 2008, except for: 
 
1. Part Seven "Special rules concerning the civil proceedings under the operation of the 
European Union Law"; 2. Paragraph 2(4); 3. Paragraph 3 concerning the replacement of Chapter Thirty Two "A" "Special Rules for 
Recognition and Admission of Fulfilment of De cisions of Foreign Courts and of Foreign 
Bodies" by Arts. 307a to 307e, and replacement  of Part Seven "Proceedings for Returning a 
Child or Exercising the Rights of Personal Relations" by Arts. 502 to 507; 4. Paragraph 4(2); 5. Paragraph 24; 
6. Paragraph 60, 
which will take effect three days after prom ulgation of the Code in the State Gazette. 
 
 Relevant Acts of the European Law 
 DIRECTIVE 2004/48/EC OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL of 20 
April 2004 on the Enforcement of Intellectual Property Rights  DIRECTIVE 98/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 1998 on the Legal Protection of Biotechnological Inventions 
 
REGULATION (EEC) No. 2380 /74 OF THE COUNCIL of 17 September 1974 adopting provisions for the dissemination of information relating to  research programmes for the European Economic 
Community  REGULATION (EEC) No. 1768 /92 OF THE COUNCIL of 18 June 1992 concerning the creation of 
a supplementary protection certificate for medicinal products 
 REGULATION (EC) No. 1610/96 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 June 1996 concerning the creation of a suppl ementary protection certificate for plant protection 
products 
 
REGULATION (EC) No. 1383/2003 OF THE COUNC IL of 22 July 2003 concerning customs 
actions against action suspected of infringing certain  intellectual property rights and the measures to 
be taken against goods found to  have infringed such rights. 
  
__________