Bulgarian patent shall be granted for inventions in any field of technology, which are new, involve an inventive step and are susceptible of industrial application. Novelty is considered on a global level, for instance an invention is new if it was not 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 of the Bugarian patent application. Additionally, an invention involves an inventive step if it is not obvious to a person skilled in the art and is deemed to have industrial applications if it can be made or used repeatedly in any branch of industry or agriculture.
Not every invention is patentable, albeit it has a novelty on a global level. An invention must relate to a technical solution for a certain technical problem. As a result, the following shall not be regarded as inventions:
- discoveries, scientific theories and mathematical methods;
- artistic work results;
- schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
- presentation of information.
The Bulgarian patent for invention attests to the exclusive right of the proprietor of the invention, comprising the right to use the invention, prohibit other persons from using it without his consent and the right to dispose of patented product or technology.
The scope of legal protection shall be determined by the patent claims in the granted patent.
A granted Bulgarian patent is valid for the territory of Bulgaria only, and its term of validity is 20 years from the date of filing of the Bulgarian patent application. In the case of human medical products, this term can be extended by a maximum of 5.5 years and in the case of animal medical products this term can be extended by 5 years, so called SPC – Supplementary Protection Certificate.
Apart from national patent protection in individual countries, patents can additionally be filed for more than 1 country in the form of a regional patent, i.e in the form of a European patent application or an international patent application (PCT application).