Patent Renewal in Myanmar

In 2024, Myanmar implemented its first comprehensive Patent Law, marking a pivotal shift away from earlier cautionary notice systems. As grant and renewal procedures fully launch, patentees must understand legal obligations regarding patent maintenance. In this article, HAVIP Co., Ltd. offers updated guidance for you, covering statutory duties, fee scales, renewal timing, risks, and best practices under the new regime.

Legal Framework

Legislative Basis

Enacted by Parliament on March 11, 2019, the Patent Law was brought into force via Notification No. 160/2024 on May 31, 2024. Its implementing Rules were issued by the Ministry of Commerce on June 04, 2024.

Applicability and Scope

It replaced earlier DOO-based registrations, invalidating those prior mechanisms. Today, patent protection aligns with international norms: novelty, inventive steps, and industrial applicability are mandatory.

Term of Protection

Patents extend for 20 years from the filing date. Utility models – referred to as petty patents – are valid for 10 years.

Renewal and Timelines

Annual Fees (“Annuities”)

Myanmar mandates annual patent maintenance fees beginning in Year 3 through Year 20. Filers are expected to remit fees within six months before the anniversary. A six-month grace period follows, cumulatively allowing one year to maintain patent validity.

Grace Periods and Reinstatement

Should annual fees be missed, a prescribed grace period of six months is in place to rectify non-payment with a surcharge. If the deadline lapses, the Registrar may cancel the patent; however, reinstatement may still be possible within one year under Section 31.

Renewal Process

Notification of Due Date:

The patent Office alerts patentees within six months prior to the due date.

Submission of Payment:

Application filed via PT‑form, attaching payment proof and specifications, either online, in-person or by mail.

Late Payment with Penalty:

Within the grace period, payment must include a 50% surcharge.

Registrar’s Recordation & Publication:

Renewal recorded in register; renewal status published as per procedural rules.

Reinstatement Procedure:

If lapse occurs, patentees may apply under Section 31 to restore rights, subject to the Registrar’s assessment.

Compliance Checklist for Patent Renewal

Track filing date and renewal deadlines (by anniversary minus six months).
Monitor and annually update fee budget (200,000 → 1,500,000 MMK).
Use proper forms and pay via official channels.
Document payment, especially for late payments with surcharge.
Assess publication strategy (newspaper notice or digital signal).
If lapsed, prepare a reinstatement petition promptly.