European Patent (EPO) Validation in Bulgaria

1. Terms of patent validation in Bulgaria

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

Corrections concerning the claims of a European patent application must be made available to the public by the BG Patent Office at the same time as the mention in the Bulletin is published, and have effect with respect to third parties as of the publication date of the mention. The translation of the claims must be accompanied by a translation of the bibliographic data of the European patent application (name and address of the applicant, title of the invention, the EP application and publication numbers, number and date of European Patent Bulletin).

2. Conditions for patent validation in Bulgaria

2.1 Translation – Bulgaria has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

• For provisional protection: it is required a translation of the complete patent specification, in Bulgarian.
• After grant: a translation of the patent specification into Bulgarian must be supplied, due date is 3 months after the date on which the mention of the grant is published in the European Patent Bulletin.

2.2 Payment of patent validation and national registration fees:

The publication fee is 50 BGN. No mention of the filing of the translation is published in the Official Bulletin until the fee for publication has been paid.

3. Effect of the European patent as a national Bulgarian patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Bulgaria

• Due date: last day of the month in which the proceding patent year expires. (Each patent year starts from the filing date of the patent application.)
• Time limit for payment (without surcharge): N/A.
• Earliest possible date for payment: payment may not be made more than 12 months before due date.
• Period of grace for payment of fees (with surcharge): 6 months from due date.

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Bulgaria.