Post-grant fees in Bulgaria – patents, trademarks, designs
Annual fees for patent/utility model maintenance in Bulgaria (PCT, non-PCT, European patents)
Validity term of a patent granted in Bulgaria is 20 years from the filing date. Patents for inventions become effective as soon as they are published in the Official Gazette of the Bulgarian Patent Office.
Supplementary protection certificates for a maximum term of five years can be requested for patents protecting the active ingredient or composition of active ingredients of a medicine.
In order to maintain a patent in force in Bulgaria, it is necessary to pay annual maintenance fees. Annual fees become due on the anniversary of the filing date and should be paid each year starting from the first one.
First annuities for all the years up to grant are paid together with the fees for grant and publication within three months after receipt of the Notice of Allowance. The due date for payment of the subsequent annuities is the last day of the month containing anniversary of the filing date.
It is possible to pay the annuity after the due date provided that the fee is paid in double amount. The grace period for late payment is six months.
Payment of the annual fee should be effected in respect of one year of the patent validity and cannot be made earlier than 12 months before the due date. Accumulated payments for several years are not possible.
The same method of payment is applicable for patents granted based on the PCT national phase applications. Calculation of the term for annual maintenance fees payment in this case should be done starting from the international filing date.
European patent maintenance fees are paid in the same manner as fees for national patents for each year after publication of the grant by the European Patent Office.
Utility model patents in Bulgaria take effect from the date of publication in the Official Gazette of the Patent Office. Their term of validity is four years from the filing date with the possibility to renew the patent two times for three years. The total term of protection should not exceed 10 years from the filing date. Annual maintenance fees for utility models are paid during the same time limits as annuities for inventions.
Industrial design renewal fees in Bulgaria
Industrial designs registered in Bulgaria are valid for 10 years from the filing date renewable for three further periods of five years.
The renewal fee for design registration should be paid during the last year of the validity term. If the term for payment has been missed, it is still possible to renew the registration within the grace period of 6 months after the due date.
Renewal of a design registration should be requested by filing an application with the Patent Office and submitting the document confirming payment of the renewal fee.
It is possible to proceed with renewal of some designs only. In this case, the designs to be renewed should be specified
Trademark renewal fees in Bulgaria
Initial term of trademark registration in Bulgaria is 10 years from the filing date. Trademarks may be renewed for additional 10-year terms after the expiration of the initial period of validity. The number of ten-year terms is not limited.
A request for renewal should be accompanied by a document certifying that the corresponding fee has been paid.
Renewal should take place during the last year of the current validity term or, if this term has been missed, during six months after expiration of the trademark registration. Late payment of the renewal fee is subject to a surcharge.
Renewal of the registration in respect of some goods and services can be requested upon specifying these goods/services.
Restoration for patents, designs, trademarks in Bulgaria
Restoration of registration for designs and trademarks lapsed due to non-payment of renewal fees is not possible in Bulgaria.
Patents for inventions or utility models lapsed because the annual maintenance fees had not been paid during the grace period of six months can be restored. Patent owners can request restoration within six months after expiration of the six-month grace period provided that the annual fee, special surcharge and restoration fee are paid.