IN BRIEF
Myanmar Patent Law (MPTL) 2019 took effect on May 31, 2024 with the notification no. 106/2024 issued by State Administration Council (SAC) dated on June 01, 2024. And Ministry of Commerce issued the Patent Rules on June 04, 2024 with the notification no. 43/2024. The key objective of these announcements is to protect the rights and interests of the patentee and the inventor.
The Intellectual Property Agency issued a notification no. 2/2024 on October 22, 2024, which outlines the official fees related to applying for patent and utility model registration as well as registration of patent agent.
| No. | Categories of Services | Fees (MMK) | Approximately Fees (USD) (1 USD is equal to 2,100 MMK) |
|---|---|---|---|
| 1. | Request for grant of patent/ utility model certificate (PT/UM-1)
|
500,000 20,000 3,000 |
238.10 9.52 1.42 |
| 2. | Request for earlier publication (PT/UM-1c) | 150,000 | 71.42 |
| 3. | Request for divisional application (PT/UM-3) | 500,000 | 238.10 |
| 4. | Request for conversion (PT/UM-4) | 100,000 | 47.62 |
| 5. | Request for opposition (PT/UM-6) | 500,000 | 238.10 |
| 6. | Request for substantive examination of Patent application (PT-8) | 1,000,000 | 476.8 |
| 7. | Request to amend the application (PT/UM-9) | 100,000 | 47.62 |
| 8. | Request to issue certified copy of Patent/Utility Model certificate (PT/UM-10) | 50,000 | 23.80 |
| 9. | Request for correction of registration (PT/UM-11) | 150,000 | 71.42 |
| 10. | Annual fee for patent application and patent | ||
| 1st year | – | ||
| 2nd year | – | ||
| 3rd year | 200,000 | 95.23 | |
| 4th year | 200,000 | 95.23 | |
| 5th year | 300,000 | 143 | |
| 6th year | 300,000 | 143 | |
| 7th year | 350,000 | 166.66 | |
| 8th year | 350,000 | 166.66 | |
| 9th year | 400,000 | 190.47 | |
| 10th year | 400,000 | 190.47 | |
| 11th year | 600,000 | 285.71 | |
| 12th year | 600,000 | 285.71 | |
| 13th year | 800,000 | 381 | |
| 14th year | 800,000 | 381 | |
| 15th year | 1,000,000 | 476.8 | |
| 16th year | 1,000,000 | 476.8 | |
| 17th year | 1,200,000 | 571.42 | |
| 18th year | 1,200,000 | 571.42 | |
| 19th year | 1,500,000 | 714.28 | |
| 20th year | 1,500,000 | 714.28 | |
| Annual fee for utility model application and utility model | |||
| 1st year | – | – | |
| 2nd year | 200,000 | 95.23 | |
| 3rd year | 200,000 | 95.23 | |
| 4th year | 300,000 | 143 | |
| 5th year | 400,000 | 190.47 | |
| 6th year | 500,000 | 238.10 | |
| 7th year | 600,000 | 285.71 | |
| 8th year | 700,000 | 333.33 | |
| 9th year | 800,000 | 381 | |
| 10th year | 900,000 | 428.60 | |
| Late fee | 50 % of the current year | 50 % of the current year | |
| 11. | Request for reinstatement of rights (PT/UM-13) | 500,000 | 238.10 |
| 12. | Request to recording the transfer of right (PT/UM-14) | 100,000 | 47.62 |
| 13. | Request for recordation of license (PT/UM-15) | 100,000 | 47.62 |
| 14. | Request for cancellation to the record of license (PT/UM-16) | 50,000 | 23.80 |
| 15. | Request for revocation of patent/utility model certificate (PT/UM-19)
|
700,000 500,000 |
333.33 238.10 |
| 16. | Request for cancellation or change the appointment of representative (PT/UM-20) | 50,000 | 23.80 |
| 17. | Request for patent agent registration certificate (PT/UM-21) | 300,000 | 143 |
| 18. | Request for renewal of patent agent registration certificate (PT/UM-22) | 200,000 | 95.23 |
| 19. | Late fee for renewal | 50,000 | 23.80 |
| 20. | Request for appeal (PT/UM-23)
|
700,000 500,000 |
333.33 238.10 |
| 21. | Request for copies of extracts, documents from the register (PT/UM-24)
|
30,000 1,000 |
14.3 0.47 |
| 22. | Request for extension time (PT/UM-25) | 100,000 | 47.62 |
| 23. | Request for registration fee of certificate for patent or utility model | 50,000 | 23.80 |
KEY TAKEAWAYS:
A. Acceptance of patent and utility model application
Ministry of Commerce (MOC) officially had accepted an application of patent and utility model start from October 31, 2024.
B. Application of patent or utility model
An application can be filed to Intellectual Property Department individual or jointly. And also, a company can be filed an application.
The patent application may be prepared in Myanmar or English language. An application may be submitted from E-filing or in person at IPD or by Post with the proof of payment and using the application form (PT/UM-1). If the registrar requests to translate in Myanmar language to English language and English language to Myanmar language, must submit translation and shall certify if the translation is made.
The patent applicant must request the application examination in details within 36 months from the date of application and pay the registration fee and request the registration officer. If is not made within the specified period, the patent application shall be considering the forfeited. Applications that do not meet the requirements will be revoked within 60 days from the date of receipt of the notice. The registrar will announce to the public 18 month from the filing date or if requested to announce earlier than this period, it will be on requested date. Those who wish to object can submit the objection to the registrar within 90 days from the date of issue and pay the prescribed fee.
C. Applicant
Applicant must mention the following information in the patent and utility model application
- • Request for grant of a patent or utility model;
- • Name, nationality and address of the applicant or legal entity or inventor;
- • Name, identity card number and address of representative or agent, if apply with representative or agent. The application form (PT/UM-2) must be attached.
- • A fully description of invention;
- • Patent or Utility name and description of summary of patent;
- • One or more requests of patent or utility model as prescribed;
- • The below information may be attached, if necessary.
- • Address and State name, if applicant has effective industrial or business;
- • Registration number, legal entity type and State name, if applicant applies for legal entity;
- • Drawings to understand of invention;
- • Priority claim, if the applicant requests for priority claim;
- • Where the applicant wishes to take advantage of any protection resulting from the display of goods to which the invention is applied in an international exhibition, declaration claiming the exhibition priority together with the evidences;
- • Written agreement, if applicant applies and sign jointly;
- • The disclosure of access to genetic or biological resources and of any element of traditional knowledge associated or not with those resources and that was directly or indirectly used in the making of the claimed invention;
- • Request to publish earlier;
D. Type of patentable invention
- • New inventions
- • Inclusive a level of innovation
- • Industrial application
E. Registrability of utility model
An invention is new and can be used in industrially, can be registered as a utility model. Inventions Ineligible for Protection, must be the following models
- • Discoveries, scientific theories and mathematical calculations;
- • Systems, rules and regulations or methods relating to conducting business, pure psychology, or games;
- • Pure computer programs;
- • biological production processes mainly used for growing plants or rearing animals except non-biological and microbiological production processes;
- • Plants and organisms which include all organism and plant species, DNA –including complementary DNA sequences, cells, cell lines, cell cultures and seeds, including whole or part of organisms and biological materials found in nature, with the exception of man-made microbiological organisms;
- • Surgical methods or treatment methods for the bodies of humans and animals including methods of diagnosis discovered by conducting experiments on the bodies of human and animals;
- • Inventions related to objects which are known to the public or chemical products which are prescribed as necessary, including objects existing in nature, new ways of usage and new forms;
- • Inventions which are detrimental to public morale, order, human beings, animals, plants, health or the environment and inventions for which use is prohibited by any existing law within the territory of the Union.
- • Pharmaceutical products or production processes are ineligible for patent protection until January 01, 2033, unless specified otherwise by the Union Government.
F. Utility model Inventions Ineligible for protection
- • Procedures;
- • Chemical, pharmaceutical, biological, metallurgical of or any other kind of substances or compounds; and
- • tems excluded from protection by patents for inventions pursuant to with this Law.
- • Sculptures, architectures or ornamentals existing in nature.
G. Duration of Patent and Utility Model
The duration of patent is 20 years and the utility model is 10 years from the filing date. The annual fee must be paid in order to maintain yearly.
