On 31st May 2024, Myanmar introduced a new Patent Law, marking a significant milestone in the country’s intellectual property (IP) system. The official patent registration system went live on 31st October 2024, enabling businesses to submit patent applications both online and in-person. This article covers key aspects of Myanmar’s patent registration process, including patentable inventions, application requirements, timelines, and the substantive examination practice.
What qualifies as a Patentable Invention in Myanmar?
Myanmar offers protection for inventions as either patents or utility models. To qualify for patent protection, an invention must meet three essential criteria:
- Novelty
- Inventive Step
- Industrial Applicability
If an invention meets only the requirements for novelty and industrial applicability, it may be eligible for protection as a utility model instead. Any prior disclosure of the invention—such as through publications or presentations—could prejudice its novelty. However, if the disclosure occurred at an international event recognized by the Paris Convention or the World Trade Organization, applicants can request within 12 months to treat this date as the priority date, thereby preserving the invention’s novelty.
Patent protection excludes certain subject matters, including:
- Methods of medical treatment
- Software without a technical problem-solving function
- Business methods
- Biological inventions
- Pharmaceutical inventions (excluded until January 2033)
Both products and processes can be patented in Myanmar, though utility models are restricted to products.
Myanmar Patent Registration: Application Requirements
To initiate the patent registration process in Myanmar, applicants must submit:
- Application Form (PT/UM-1): This form includes details about the applicant and inventor.
- Statement of Ownership: Required if the applicant is not the inventor, explaining how rights were transferred / how the rights were obtained from the inventor.
- Appointment of Representative Form (PT/UM-2): For applicants residing outside Myanmar, a local representative must be appointed.
- Patent Specification: This includes a detailed description (including the best mode of invention), claims, drawings (if applicable), and an abstract.
- Payment for Official Fees: Must be made alongside the application.
Applicants can submit their applications in Myanmar or English.
Timeline and Official Fees for Patent Applications
The timeline for patent registration in Myanmar depends on various factors, including the complexity of the invention and the completeness of the documentation. Key milestones include:
- Publication: Applications that meet formality requirements are published 18 months after filing, unless early publication is requested.
- Opposition Period: Third parties can file oppositions within 90 days of publication.
- Substantive Examination: Must be requested within 36 months of filing.
- Protection Duration: Patents are protected for 20 years, and utility models for 10 years, both starting from the filing date.
Official Fees:
- Filing Fee: 500,000 MMK (covers five claims and 20 pages of description; additional charges apply for excess claims or pages).
- Substantive Examination Fee: 1,000,000 MMK (subject to increases based on the complexity of the invention).
- Annual Fees: Applicable from the third year of the filing date.
Substantive Examination
The substantive examination assesses whether an invention meets all patentability requirements. Unlike patents, the authorities only examine utility models for formality.
Myanmar’s Intellectual Property Department (IPD) works with external authorities under cooperation agreements to conduct substantive examinations, allowing applicants to choose the examination authority. As part of the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC), Myanmar aligns its practices with regional standards, provided they do not conflict with its national laws.
Registration
Once an application meets all requirements, the IPD grants the patent or utility model and publishes the details. After, the authorities issue a registration certificate after the publication period.
Act Now: File Your Applications!
Myanmar’s new patent registration system represents a significant leap forward in IP protection, fostering local innovation, attracting foreign investment, and driving economic growth.
To navigate this evolving IP landscape, KASS offers expert advice backed by 25 years of experience in the IP sector. With its head office in Kuala Lumpur and regional offices strategically located in Indonesia, Myanmar, Thailand, the Philippines, and Vietnam, KASS stands as an ASEAN IP expert, uniquely positioned to address the diverse IP challenges across Southeast Asia.
Our deep understanding of regional legal frameworks and market intricacies enables us to provide tailored, comprehensive IP solutions that help our clients secure and expand their rights in multiple jurisdictions. Contact us at kass@kass.asia for professional assistance in protecting and advancing your intellectual property across ASEAN.