Utility model registration in Bulgaria

UTILITY MODEL REGISTRATION IN BULGARIA

Legal protection for Utility Model in Bulgaria - KTpatent.com

Legal protection for utility model shall be granted through utility model registration with the Bulgarian Patent Office.

The utility model protects the aspects of a technological development that are new, involve an inventive step and susceptible of industrial application.

Utility model protection extends to inventions from any technical field,i.e. machines, devices and systems, technical arrangements with the exception of methods (processes), chemical compounds or the use thereof and biotechnological inventions.

 

THE PROCEDURE AND COSTS OF UTILITY MODEL REGISTRATION IN BULGARIA

 

The registration of a utility model is relatively quick and definitely cost-effective, since it is registered without a substantive examination, for novelty and inventiveness. It is generally registered within several months (could be from 1 to 12 months) in the utility model register of the Bulgarian Patent Office (BPO).

 

It is, also, possible to initially file an application for a Bulgarian Patent and then transform it into application for Utility model registration in Bulgaria under specific conditions under the Bulgarian Patent Law. Another option for the applicants is to prosecute the utility model in parallel with the national patent application for the same invention. In this scenario, if a Bulgarian Patent is granted and the utility model is also registered, the disposal of any of the two rights shall be regarded as disposal of the other. Similar conversion provisions apply in very specific cases for already filed PCT applications or applications for European Patents. In case the product has unique aesthetic features that worth protection, application for Registration of Bulgarian Industrial Design is also contemplated.

 

The Official fees due for the whole utility model procedure amount to about 260 EUR. A surcharge may also be levied for pages in excess of 10, priority claims and/or for additional independent claims. The overall official fee costs for maintaining a registered Bulgarian utility model for all 10 years count about 360 EUR.

 

WHAT RIGHTS ARE ATTESTED TO THE OWNER OF A REGISTERED BULGARIAN UTILITY MODEL?

 

The acquired exclusive rights entitle its proprietor to use the subject-matter of the utility model registration and prohibit third parties from manufacturing, using, offering, implementing or importing the subject-matter of the utility model.

 

TERM AND TERRITORY OF PROTECTION?

 

The term of validity of a utility model registration is 4 years as of the filing date of the utility model application. It may be extended by two consecutive three-year periods by paying the respective renewal fees, but the total term of validity may not exceed 10 years as of the filing date of the application for utility model. A registered utility model is valid for the territory of Bulgaria only.

WHO CAN FILE AN APPLICATION FOR BULGARIAN UTILITY MODEL REGISTRATION?

 

Application for utility model registration in Bulgaria can be filed by Bulgarian natural persons and legal entities and any foreign person or entity from countries which are party to international treaties to which the Republic of Bulgaria is also party, i.e. countries party to the Paris Convention(PC) or the World Trade Organization (WTO), etc. However, applicants with no permanent address or principle place of business in the Republic of Bulgaria are required to act in the proceedings before the Bulgarian Patent Office through a registered Bulgarian Patent Attorney.

 

Although, Bulgarian applicants are not obliged to be represented, they are strongly advised to appoint an experienced and qualified Bulgarian Patent Attorney who can conduct the patent drafting, filing and prosecution of the Bulgarian utility model application in the most professional, legally binding and efficient way.

 

Bulgarian applicants contemplating protection of their inventions by utility model registration abroad, must make a first filing of BG patent or utility model application with BPO, if no priority is claimed, due to national security requirements.

 

FINAL REMARKS

 

Although the registration of a utility model is relatively simple procedure compared to the patent’s one, a Bulgarian utility model application must also comply with substantial number of provisions and regulations under the Bulgarian Law on Patents and Utility Models and non-compliance with even of them may have the consequence of the utility model application being irreversibly lost.

 

HOW WE MAY HELP?

 

As qualified Bulgarian Patent Attorneys with technical and scientific background, we have been providing high-quality counseling and representation in utility model registration cases before the Bulgarian Patent Office (BPO) for ages.

 

Our significant experience of over 35 years in the patent domain helps us to provide our clients with technically competent and legally binding utility model solutions.

 

The synergy between our professional experience as Bulgarian Patent Attorneys, abilities to draft patent specifications with legally strong patent claims and our strategic approach, ensure the successful Bulgarian utility model registration, commercial exploitation of the invention and competitive edge over our clients’ competitors.

Our utility model services also comprise:

  • Filing of applications for Bulgarian utility model registrations
  • Counseling on utility model and patent matters
  • Utility model searches and strategies
  • Utility model litigation proceedings (invalidation, infringement)
  • Maintenance – utility model registration renewals

  • Drafting License agreements
  • Recordals of transfers of rights for a Bulgarian utility model registration
  • Recordals of changes in the name  and/or the address of the proprietor of a registered Bulgarian utility model
  • Recordals of license agreements concerning Bulgarian utility model registration

Need assistance?

 

EQE qualified European Patent & Trademark Attorney  |  Bulgarian Patent & Trademark Attorney

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