Pyidaungsu Hluttaw Law No. 7/2019—Myanmar’s Patent Law—was enacted on March 11, 2019, providing a framework for the protection of inventions related to products and processes. This is the first legislation specifically addressing the protection of patents in the history of Myanmar.
The Myanmar Intellectual Property Office (“MIPO”) will be established under the Ministry of Commerce to administer patent registration.
1. General information
Under the Patent Law, an invention is patentable if it is novel, involves an inventive step, and is industrially applicable. Non-patentable inventions include discoveries, scientific theories and mathematical methods; schemes, rules and methods for doing business, performing purely mental acts or playing games; computer programs; essentially biological processes for production of plants and animals other than man-made living micro-organisms and processes; plant or animal varieties; methods for the treatment of human and animal body and such diagnostic techniques; inventions related to known matters including naturally-existing objects or their new usage and features; and inventions which negatively affect the morals, peace, and tranquility of Myanmar.
Granted patents are valid for a term of 20 years from the filing date, or 10 years for petty patents. Annuities are payable.
2. Applications under the new law
Patent applications can be filed in English or Myanmar language, but the registrar may request the submission of a certified translation in either language. Applications should contain the following information:
- The request for grant of patent;
- The applicants’ names, nationalities or countries of incorporation, and addresses;
- The inventors’ names, nationalities, and addresses;
- The representative or agent’s name, national registration card number, and address;
- Patent specifications and drawings;
- One or more patent claims;
- Priority documents, if applicable; and
- The request for early publication, if applicable.
The Directorate of Patents of the MIPO may stipulate additional required documents and information from time to time.
As with the recently enacted Trademark Law and Industrial Design Law, new applications under the Patent Law are not yet accepted. The effective date of the Patent Law will be announced via a Presidential Notification at a later stage. At present, no timeline has been set out for the issuance of implementing regulations or the establishment of the Intellectual Property Office. We will provide details as they become available.
For more information on this development, or to enquire about any of the steps above, please contact our Myanmar office at info@havip.com.vn or on +84 912.418.948
