Atanas filed a patent application for a ‘Gravity Power System’. The Bulgarian Patent Office (BPO) dismissed the application because the claimed invention was not industrially applicable and therefore not patentable as the system’s principle of functioning was contrary to the law of energy conservation, i.e. the system would always need an external force in order to function.
Atanas appealed the BPO’s decision before the BPO’s Department of Disputes and subsequently before a court of first instance and the Bulgarian Supreme Administrative Court, arguing that there had been a breach of the substantive law. The Supreme Court upheld the decision to dismiss the patent application, as the BPO’s expertise was confirmed by the conclusions of a court appointed expert in first instance.
A full summary of this case has been published on Kluwer IP Law.
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