6 Jun 2024
The Myanmar’s State Administration Council has recently issued Notification no. 106/2024, announcing the enforcement of the country’s patent law with effect from 31 May 2024. This long-awaited enforcement is much welcomed as it has been pending since their enactment in 2019. However, it is important to note that patent applications cannot yet be filed, as the issuance of patent forms and fees remains pending. The salient highlights of the patent law are as set out below.
Patent/Utility Model Application Requirements
To register a Patent/Utility Model in Myanmar, an application can be filed in either the Myanmar or English language. The details required for the application include, but are not limited to:
A request for grant of a patent;
Name, nationality and address of the applicant or legal entity and inventor. If the applicant is a legal entity, include the registration number, type and name of the entity;
Written agreement of the other joint applicants if any one of the joint applicants signs the application on behalf of all joint applicants;
Address and name of the State in which the applicant has an effective industrial or commercial establishment, if any;
Name, identity card number and address of the representative or agent;
Full description, title, and abstract of the invention, one or more patent claims, and drawings (if applicable);
Declaration claiming the priority together with supporting evidence, if any;
Statement of legal access and use to genetic or biological resources, as well as to traditional knowledge associated or not with those resources, that were directly or indirectly used in making of the claimed invention; and
The request for an earlier publication, if any
Registrability of Patent/Utility Model
An invention is registrable as a patent if it is novel, involves an inventive step, and is industrially applicable. An invention is registrable as a utility model if it is new and is industrially applicable.
Non-patentable Inventions
Discoveries, scientific theories and mathematical methods;
Schemes, rules or methods for doing business, performing purely mental acts or playing games;
Computer programs per se;
Essentially biological processes for the production of plants or animals other than non-biological and microbiological processes;
Plants and animals, including animal races and plant varieties, as well as natural living beings and biological materials found in nature other than artificially created microorganisms, DNA (including complementary DNA sequences), cells, cell lines, cell cultures and seeds;
Methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;
Inventions related to natural substances, known substances (including new uses and new forms of known substances) or chemical products in accordance with the implementing regulations;
Inventions that seriously prejudice to public order or morality, human beings, animals or plants, health or the natural environment, and invention for which its exploitation is prohibited by any existing law within the territory of the State; and
Pharmaceutical products or processes (until 1 January 2033)
Priority Right
An applicant or their successor who has filed an application in a Paris Convention or World Trade Organization member state can claim priority within one year from the first application date or from displaying the invention at a government-recognized international trade exhibition in a member state.
Substantive Examination
A substantive examination of a patent application shall be filed within 36 months from the filing date. There is no substantive examination for utility model application.
Duration of Patent/Utility Model
A patent is protected for 20 years from the filing date, or 10 years for a utility model, provided that the annual fees are paid.
Legal Recourse
Right holders whose patent rights are infringed may file for patent infringement at the Intellectual Property Court. In the event of infringement, the Court may make any one or more of the following orders: an injunction against the infringement of patent, orders for damages or pre-established damages or profits obtained by the infringer or both, and the legal costs to be paid by the infringer to the right holder.
When making a final decision on infringement, the Court may order the destruction of the infringing goods or preventing such goods from entering the channels of commerce and may order the prevention of materials or implements used in creating the infringing goods, entering the channels of commerce to minimize the risks of further infringement.
We will provide another update once the IP Office issues information related to patent filing.
Should you have any query, or require assistance on trademark matters in Myanmar, please contact us at info@zicoip.com.