On 1^st June 2024, the State Administration Council (SAC) issued the notification no. 106/2024, setting the effective date for Myanmar’s Patent Law 2019, enacted as Pyidaungsu Hluttaw Law No. 7, 2019, in accordance with Section 1, Sub-section (b). This announcement marks a significant advancement in the comprehensive implementation of statutory patent protection in Myanmar.

The Ministry of Commerce issued the Patent Rules with the notification no. 43/2024 on 4^th June 2024 in accordance with the Patent Law. These Rules outline the procedures and requirements for registering patent and utility model rights in Myanmar. The Intellectual Property Department (IPD) will soon issue notifications regarding the acceptance date, prescribed official application forms; official fees; annual fees and other necessary forms for patent and utility model registration and prosecution in Myanmar.

Registrability Criteria

Under the Patent Law enacted in 2019, inventions eligible for registration must meet the following criteria:

• Novelty: Not have been publicly disclosed before the filing date or claimed priority date.
• Inventive Step: Involve an inventive step.
• Industrial Applicability: Be capable of industrial application.

Ineligible inventions for registration in Myanmar: 

The following types of inventions are ineligible for registration in Myanmar:

• Discoveries, scientific theories, and mathematical methods
• Schemes, rules, and methods for doing business, purely mental acts, or playing games
• Computer programs
• Essentially biological processes for producing plants and animals, except man-made living micro-organisms and their processes
• Plant or animal varieties
• Methods for treating the human or animal body and diagnostic techniques
• Inventions related to known substances or naturally occurring objects, including their new uses and features
• Inventions that contravene the morals, peace, and tranquility of Myanmar

Patent Application must be in Myanmar or English with the proof of fee payment. Documents not Myanmar or English must be translated into one of these languages.

If the registrar approves the registration of Patent, the registration fee shall be paid within 60 days from the receiving the notice. Failure to pay the fee within 60 days will result in the application being deemed abandoned.

Applicants wishing to claim priority rights can do so within one year from filing an application with any member country of the World Trade Organization (WTO) or any member state of the Paris Convention. Myanmar has not yet ratified the Paris Convention or the Patent Cooperation Treaty, so international protection for inventions under these agreements cannot currently be sought. However, the Patent Law includes provisions regarding these agreements, which will come into effect upon completion of the ratification process.

Substantive examination requests must be submitted within 36 months from the filing date of their application. If the Patent Office issues office action, the responses to that office action must be filed within 60 days.

Any person dissatisfied with the IPD’s decision may file an appeal with the IP Agency established under the Patent Law. Further appeals against the IP Agency’s decision can be made to the Intellectual Property Rights Court within 90 days of receiving notice of the decision.

The term of the patent is 20 years from the filing date of the patent application, and for utility models, it is 10 years from the filing date of the application. Annual fees must be paid.

Given the imminent implementation of the Patent Law, intellectual property owners are advised to review their IP portfolios and prepare to file patent applications when the patent system is fully operational to protect their rights and interests in Myanmar. We will monitor these developments closely and provide updates as further notifications are issued.

For more information or inquiries about IP protection in Myanmar, please contact us at ip@ilawasia.com.