By Khin Yupar

Myanmar, with its population of 54.58 million, is on the brink of a dynamic new era in innovation. In this rapidly evolving environment, protecting your own or your client’s intellectual property is vital for staying ahead and securing lasting success. The enforcement of the Myanmar Patent Law in November 2024 marks a major milestone, introducing a strong, modern patent system aimed at fostering homegrown creativity and attracting global investment.

This guide walks you through what qualifies for patent protection in Myanmar, helping you safeguard your ideas and unlock new opportunities in one of Southeast Asia’s emerging economies.

Why Register a Patent in Myanmar?

Securing a patent is not just about legal protection. It is about gaining a real business advantage. Here is why it matters:

• Exclusive Rights

A patent grants you the sole right to make, use, and sell your invention in Myanmar for 20 years. No one else can legally profit from your idea without your permission.

• Market Advantage

Patents turn ideas into valuable business assets. They establish your invention’s uniqueness and open doors to licensing deals, partnerships, and investor interest.

• Attracting Investment

A strong patent system signals to global investors that Myanmar is serious about protecting innovation. This creates a fertile environment for research, development, and commercial partnerships.

What Can Be Patented in Myanmar?

The good news is that the new Myanmar Patent Law is harmonized with patent law in developed countries. To qualify, your invention must provide a practical solution to a problem and meet these three essential criteria:

• Novelty
  It must be new and original, not disclosed anywhere in the world before the filing date.
  
  

• Inventive Step
  Your invention must involve a significant technical advancement. It cannot be an obvious or minor tweak or modification that any skilled professional could easily figure out.
  
  
• Industrial Applicability
  It needs to be capable of practical use whether it is in manufacturing, agriculture, healthcare, or other industries.
  
  

This alignment with global patent standards and practice makes Myanmar a more secure and attractive jurisdiction for innovators and businesses looking to protect their intellectual property rights in Southeast Asia.

What are Patentable Inventions?

You can apply for a patent in Myanmar for:

• New Products:
  From medical devices, apparatus, materials, chemical substances to improved versions of existing products.
  
  
• Processes:
  Innovative methods for producing a product or achieving a technical result.
  
  
• Improvements:
  Significant enhancements to existing products or processes often called evergreening that deliver new benefits or solve old problems more effectively.
  
  

What Inventions Are Not Eligible for Patent Protection in Myanmar?

Not every idea qualifies for patent protection. The law excludes:

• Discoveries: The identification of a natural phenomenon or scientific principle is not patentable.
• Scientific Theory: The proof of a natural phenomenon (the nature of law).
• Mathematical Formula: An equation or mathematical relationship.
• Methods of Treatment: Medical treatments, including surgical procedures or therapeutic techniques, are not patentable.
• Software: Refers to software or algorithms that lack practical technological application.
• Methods: Business strategy, statistics, teaching methods, information, and games.
• Natural Biological Inventions: Certain biological inventions, such as plant varieties, are not patentable.
• New Usage: A new application or form of an existing product, designed to avoid infringing on existing patent rights.
• Pharmaceutical Inventions: Under the current law, pharmaceutical inventions are not patentable until January 2033.
• Inventions Harmful to Public Interest: Inventions that are detrimental to public morality, order, human beings, animals, plants, health, or the environment, and inventions whose use is prohibited by law within the Union.
  

Conducting Prior Art Searches

Before filing a patent application, conducting a thorough prior art search is essential to ensure your invention is novel and meets the inventive step requirement. A prior art search involves identifying existing technologies, publications, and patents that might be relevant to your invention. By understanding the existing landscape, you can avoid unnecessary time and expenses on inventions that may not be patentable.

The Patent Registration Journey in Myanmar

Patent registration is a journey that requires careful planning and preparation, and it’s crucial to have a thorough understanding of the legal framework in the country where you’re seeking protection. Here’s a breakdown of the key stages involved in securing a patent in Myanmar.

Step 1: Prepare Your Application

Before you file, consult a qualified and experienced patent attorney to confirm your invention meets the eligibility and patentability criteria. Your application must include:

• A detailed description of the invention
• Clear claims defining your invention’s scope
• Accurate formal drawings (if applicable)
• A concise abstract summarizing the invention
• A local Patent Representative (for non-residents)
  

Step 2: File with the Intellectual Property Department (IPD)

Submit your application to the IPD. They will perform a formality check to ensure it meets basic requirements and assign a filing date which could be critical if competing applications arise.

Step 3: Application Publication

Within 18 months of filing, your application will be published in the IPD’s official journal, making it publicly accessible. Early publication can also be requested.

Step 4: Substantive Examination

A request for substantive examination must be filed within 36 months of the application’s filing date. Without this, your application will be considered abandoned. This stage involves a detailed review of your claims, a prior art search, and possible office actions requesting clarification, amendments, or additional details. Myanmar may engage external authorities (approved by the IPD) for this review.

Step 5: Respond to Office Actions

If the IPD raises objections or requests further information, a response is required to be filed within 60 days. Delays or missed deadlines can result in your application being rejected.

Step 6: Grant or Refusal Decision

After examination, the IPD will issue a decision to grant or refuse your patent. A granted patent provides 20 years of protection from the filing date.

Step 7: Publication of Decision

The outcome will be published in the official journal notifying the public of the decision.

Step 8: Issuance of Patent Certificate

Once granted, an official patent certificate is issued by the IPD. Annual maintenance fees must be paid to keep your patent in force. Failure to do so can lead to its lapse.

Key Takeaways

• Work with a qualified and experienced patent attorney to navigate the new system and avoid costly mistakes.
• Conduct comprehensive prior art searches before you file.
• Be prepared for a process that may take 2 to 3 years or more depending on the complexity of your invention and the IPD’s workload.
  

Ready to Secure Your Innovation?

Myanmar’s patent system is evolving, and with it comes fresh opportunities for inventors and businesses. By understanding what’s patentable, conducting the necessary due diligence, and navigating the registration process wisely, you can protect your ideas and thrive in this emerging innovation landscape.

If you’d like to explore the detailed procedures for patent or trademark protection in Myanmar and the rest of ASEAN region, visit https://kass.asia/myanmar/ or drop us an email at hello@kass.asia.

Let’s take the first step to protect what’s yours.