Patents


What is patent?

The patent is a legal title granting its holder the exclusive right to make use of an invention for a limited time and area by stopping others from making, using or selling it without authorisation.

Why filing patent application?

The meaning of patent protection is that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent.

How to file a patent application?

The first step in filling a patent application is the meaning of the term “invention” made clear - this is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.

The patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background and a description of the invention. The application also contains "claims", that is, information which determines the scope of protection granted by the patent.

To be protected with a patent, an invention must be of practical use; it must be novel; must show an inventive step and finally, its subject matter must be accepted as "patentable" according to the patent law.

What do I need to file an application?

Before filling patent application, you need to be advised by a patent attorney regarding the type of protection useful for your company; the patentability of your invention and chances to be granted; the drafting of patent description and more precisely - the patent claims, determining the scope of patent protection.

What you need for filing application is:

How long would it take?

The procedure of granting patents for invention is harmonised with EPC and includes stages of provisional examination, publication in the official BPO bulletin on the 18-th months after priority date, time for opposition of third persons after publication, substantive examination and correspondence with the applicant during this stage, time for paying taxes for registration, publication and issuing the patent and granting a patent. It takes between 26 to 30 months after filing the application (or priority date).

The Bulgarian LAW on Patents and Utility Model Registration provides an easier way for registration of a patent for Utility Model and technical solutions concerning products. The procedure facilitates the small and medium enterprises and includes only a stage of provisional examination and registration. The publication in BPO bulletin informs for the fact of registration. It takes between seven to ten months after filing patent application.

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