What can be protected?
Patent protection is available for technical inventions in any field of technology, relating to products or processes, that are new, involve an inventive step, and are industrially applicable.
What cannot be protected (as such / general exclusions)?
Excluded from patent protection are, in particular, discoveries, scientific theories, and mathematical methods; aesthetic creations; schemes, rules, and methods for performing mental acts, playing games, or doing business; and presentations of information. Computer programs “as such” are not patentable, and inventions contrary to public order or morality are also excluded.
Filing and priority
Bulgaria is a member of the Paris Convention, so convention priority may be claimed within 12 months from the earliest priority date for a national patent application. Both Bulgarian and foreign applicants can file; foreign applicants normally act through a local patent attorney or industrial property representative before the Bulgarian Patent Office (BPO).
Language and translation requirements
The official language is Bulgarian, and national patent applications and PCT national phase applications must be filed in Bulgarian. If the application is initially filed in another language, the filing date can be preserved provided that a Bulgarian translation of the description, claims, drawings, and abstract is filed within the prescribed time limit (generally three months from filing).
Examination and office actions
Invention patent applications are subject to both formal and substantive examination by the BPO, including assessment of novelty, inventive step, and industrial applicability. During examination, the Office may issue communications raising objections, to which the applicant must respond within set deadlines to avoid refusal or abandonment.
Term and maintenance
The standard term of a Bulgarian patent is 20 years from the filing date, subject to payment of annual maintenance fees to the BPO. Renewal fees are due each year, with a grace period (subject to surcharge) if the fee is not paid on time. Failure to pay within the applicable periods results in lapse of the patent.
Term extensions / SPC
For medicinal products and plant protection products, the term of protection for the patented active ingredient can be extended by a Supplementary Protection Certificate (SPC) for up to five additional years, in line with EU SPC regulations. SPCs are granted based on a valid basic patent and a marketing authorization in the EU and are administered at the national level in Bulgaria.
Typical required filing documents (national patent)