Проблеми на процедурата при експертиза на заявките за патент за изобретение
Problems Associated with the Examination of Patent Applications for Inventions

Summary/Abstract: PATENT LAW // The Article makes an extensive survey of Bulgarian legal norms on Patents and Registration of Utility Models (LPRUM). It analyses the Law’s definition concerning the submission of the application for examination as part of the procedure for the grant of a patent for invention. We argue that part of the procedure for the grant of a patent for invention, neither considers, nor does it guarantee the applicants’ rights. Using comparative analysis with relevant texts from the Convention on the Grant of European Patents (European Patent Convention), we suggest some modifications in Bulgarian legislation. procedure. Our suggestions are relevant to the introduction and implementations of a new stage in the procedure which should precede the lodging of the application for examination procedure for the grant of a patent for invention by six months at least. We also think that a report should be drawn up on preliminaries and the state of the art which should then be sent on to the applicant. As far as the applicants’ rights go, we believe that those rights should be considered and stipulated in the LPRUM, and especially in Art. 46 b, para. 3 of the LPRUM, concerning the withdrawing of an application. The applicant should be officially informed of the Decision and the same Decision should be subject to appeal before the Litigation Department to the Chairman of the Patent Office.

• Details
• Contents