Patent Law, Myanmar

The Union Parliament of Myanmar passed the Patent Law of Myanmar on March 11, 2019. Consequently, this milestone was achieved as State Administration Council (SAC) issued a Notification No.106/2024, dated JUNE 1, 2024, which announced the enactment of the Country's New PATENT LAW, effective from May 31, 2024.

The Myanmar Patent Law No. 7/2019 was enacted with the objectives to protect patent and inventor rights, to promote innovation and technology transfer, ensure mutual benefits for investors and users, balance rights and obligations, prevent abusive patent practices and foster innovation. It provides provisions for both patents and utility models. A utility model may be applied for registration as a utility certificate if it is new and is industrially applicable. Under the new law, provisions related to compulsory licensing have also been added. Furthermore, a priority claim based on Paris Convention is now available to the applicant.

• What can be patented?

The invention is patentable if –

• The invention is new.
• It involves an inventive step.
• It is capable of using in any industry.

• What cannot be patented?

1. The invention is not patentable if-

• Scientific theories, discoveries and mathematical calculations.
• Computer programs.
• Pure psychology or games.
• Systems, methods, and rules for conducting business.
• Plants and organisms from nature.
• Surgical methods or treatment methods for humans and animals.
• Purely aesthetic creations.

2. Pharmaceuticals are non-patentable until 1 January 2033 unless stated otherwise by the Union Government under TRIPS.

3. Agricultural chemicals, food products and microorganisms were non patentable until 1 July 2021 unless specified otherwise.

4. The Union Government can amend these terms with TRIPS approval for clauses b and c.

• PATENT REGISTRATION IN MYANMAR

To register a patent, you can apply to the Registrar. The application can be made either in Myanmar or English. The application must contain the following facts-

• Request for grant of the patent
• Name, nationality and address of the applicant
• Name, citizenship scrutiny card number and address of the representative where it is filed by the representative
• Full description of invention
• Title and abstract of the invention
• One or more claim to grant the patent as prescribed
• To take advantage of the priority of the earlier application, a declaration of the same.
• To take advantage of the priority resulting from the display of the invention in an exhibition then a declaration of the same.

• DOCUMENTS REQUIRED FOR FILING A PATENT REGISTRATION IN MYANMAR.
• Proof of address and name of the State in which the applicant has an effective industrial or commercial establishment must be presented.
• Where the application is filed for a legal entity, registration number, type and name of the country of the legal entity must be provided.
• A written agreement must be provided where one of the joint applicants signs the application on behalf of all joint applicants
• In the event of priority of earlier application or priority resulting from the display, evidence in support of the declaration must be provided
• Drawings for the understanding of the invention, if any.

• MYANMAR PATENT EXAMINATION PROCESS

After making of the application, the Examiner will classify the invention according to the International Classification and submit the application. During an examination process, certain modifications can be requested by the Examiner and if the suggested modifications are not made within 60 days from the date of receipt of the notice, then the application will be considered as withdrawn.

An application for reinstatement can be requested within 60 days from the date of abandonment of the patent. This process requires additional fees.

The Registrar may grant or refuse the patent after examining the Examiner's remarks. In case it grants patent then a patent certificate to the applicant will be issued by the Registrar.

• THE TERMS OF THE PATENT AND ANNUAL FEES.

The term of the patent is 20 years from the filing date of the patent application.

The owner/applicant of the patent shall pay the annual fee prescribed periodically to the Department to maintain the patent. The prescribed fee shall be paid within 6 months before the date of payment of the annual fee and in case of failure, grace period of six months will be allowed, after a payment of the prescribed surcharge.

The following table contains the fee details-

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