Patent Law 2024 in Myanmar

Myanmar’s adoption of a dedicated Patent Law represents a landmark step in bolstering intellectual property standards. Enacted in 2019 and operational since May 31, 2024, the law establishes a modern, statutory patent regime. This article summarizes its key components – and implications for enterprises and innovators – while maintaining a legal tone suited for professional publication.

Scope of Protection

Patentable Subject Matter

Eligible inventions include products or processes that are novel, involve an inventive step, and are industrially applicable—consistent with global patent principles.

Exclusions from Patentability

The law expressly excludes:

• Discoveries, scientific theories, mathematical methods
• Business methods, mental acts, and games
• Computer programs per se
• Biological processes (excluding engineered microorganisms)
• Naturally occurring substances and their new uses
• Methods for diagnosing or treating the human or animal body.

Transitional Bar on Pharmaceuticals

• In line with TRIPS and LDC transitions, pharmaceutical products and processes are non-patentable until January 1, 2033. Certain agricultural and microbiological products were similarly exempt until July 1, 2021.

Utility Models (Petty Patents)

Alternative Protection Track

Myanmar now recognizes utility models (or “petty patents”) governed by lower standards of inventiveness. These are:

• • Valid for 10 years from filing
  • Subject only to novelty and industrial applicability, not inventive step.

Patent Term, Priority and Examination

Term of Protection

• • Patent: 20 years from filing.
  • Utility model: 10 years.

Priority Rights

• Applicants may claim priority within 12 months of filing in any WTO or Paris Convention member country—though Myanmar is not yet party to those conventions.

Request for Substantive Examination

• Such a request must be filed within 36 months of the original application date.

Grace Periods

• A one-year grace period applies for public disclosures at certain recognized trade fairs.

Rights Conferred and Enforcement Measures

Exclusive Rights

A granted patent enables the rights holder to prevent others from making, using, selling, offering for sale, or importing the patented invention without authorization.

Licenses and Assignments

Licensed agreements must be recorded with the Patent Registrar to be enforceable.

Infringement Remedies

Civil remedies include injunctions; criminal sanctions include up to one-year imprisonment, MMK 2,000,000 fine, or both.

Renewal Fees and Maintenance

Maintenance Obligations

• Patent annuities are payable annually. While specifics on Myanmar’s fee scale are expected via subsequent notification, analogous regimes apply grace periods and surcharges consistent with global norms.

Grace Period Mechanics

• A six-month pre-deadline payment window is followed by a six-month grace period—subject to surcharge. Non-payment leads to patent lapse, with reinstatement contingent on demonstrating unintentional non-payment.