Bulgaria provides separate protection for utility models under the Law on Patents and Utility Model Registration, administered by the BPO. Utility models are suitable for relatively simple technical solutions and benefit from a faster and more cost effective registration procedure based mainly on formal examination.
Protectability criteria and exclusions
A utility model must be new, involve an inventive step (non-obvious for a skilled person), and be industrially applicable, although these criteria are normally not examined substantively during registration. Methods (processes), chemical substances, and certain other subject matter are excluded from protection as utility models. General patentability exclusions also apply.
Procedure, examination, and invalidation
The application is filed with the BPO and examined for compliance with formal requirements and basic eligibility of the subject matter. If formal requirements are met, the utility model is registered without full prior art examination, but third parties may later file invalidation actions based on lack of novelty or inventive step.
Term and extensions
The initial term of protection for a registered utility model is 4 years from the filing date. It can be renewed twice for additional periods of 3 years each, for a maximum total term of 10 years from the filing date, subject to timely payment of renewal fees.
Typical required filing documents (utility model)
Language and translations
All application documents (except generally the priority certificate) must be filed in Bulgarian. If the technical documents are initially in another language, a Bulgarian translation must be filed within the applicable time limit to maintain the filing date.