Procedures for patent application in Myanmar

1. Eligible patent applicants under this Law, who wish to receive patent rights, shall apply as prescribed to the Registrar for grant of patents.

2. The applicant for a patent:

(a) May complete the application for patent in Myanmar or English.

(b) Shall translate the application in Myanmar into English or vice versa if requested by the Registrar to do so.

(c) Shall write a statement that the translation under subsection (b) is true and correct and sign said statement.

3. The applicant for the patent shall state the following in his application:

(a) Request to grant the patent;

(b) Name, nationality and address of the individual or legally formed organization applying for the patent and the inventor;

(c) Name, Citizenship Scrutiny Card number, and address of the representative in cases where the applicant has entrusted such matter to a representative;

(d) Complete description of the invention;

(e) Name and brief description of the invention;

(f) Requests to grant one or more patents, which have been described in the prescribed manner. In addition to the provisions, the following must also be submitted together if necessary:

(i) Address and name of country of the applicant’s important industry or business if any;

(ii) if the applicant is applying on behalf of a legally formed organization, the registration number, type and name of country of said organization;

(ii) Any writings or drawings, which explain the invention, if any;

(iv)if the applicant has requested the right of priority, the request to grant right of priority and description together with sufficient evidence proving that the applicant has the right of priority;

(v) if the applicant has requested the right of priority for trade exhibitions, the request to grant the right of priority for trade exhibitions and description together with sufficient evidence proving that the applicant has the right of priority for trade exhibitions;

(vi) if one of the joint applicants signs the application on behalf of all joint applicants, a written agreement by all the remaining joint applicants;

(vii) Statement of legal use of traditional knowledge in combination or not in combination with genes or biological resources as well as genes and biological resources themselves and description of direct or indirect use in making the invention in question;

(vii) Request for early announcement if the applicant wishes so;

(ix) Other requirements occasionally prescribed by the Agency and Department.

4. The date on which the Department receives the application for patent, for which prescribed fees are paid and which fully conforms to the prescriptions in section 20 (a), shall be considered the submission date of the application within the Union.

5. (a) The description of the invention shall be written so as a person having ordinary skill in art can operate said invention. The aforementioned description shall be described using the best method known to inventor on the date of application or the date on which the right of priority is requested if such right is requested.

(b) If the description of the invention requested under subsection (a) includes, at the date of application, sufficient information which allows a person having ordinary skill in the art in a related technical field to use or make the invention, said description shall be deemed sufficient, complete and clear, and must not be examined excessively.

(c) If genetic or biological resources within the Union’s territory or information related to traditional knowledge that is related or not related to said resources were used directly or indirectly without prior permission in making the invention for which protection is requested, they must be stated clearly in the patent description.

6. (a) The request or requests for the grant of patent must specify the points for which protection is requested.

(b) The request or requests for the grant of patent must be clear and concise. In explaining them, descriptions and writings and drawings may be used.

7. (a) If disputes arise when more than one applicant submits patent applications on different dates for identical inventions that was separately invented by each applicant, only the applicant who submitted an application, which meets the stipulated requirements for registration, the earliest shall be allowed to register.

(b) If disputes arise when each applicant has requested right of priority or right of priority for trade exhibitions in an application under subsection (a), only the applicant who submitted an application, which meets the stipulated requirements for registration, with the earliest priority date shall be allowed to register.

8. If more than one applicant applies for grant of patent on the same day or requests the same date of priority for identical inventions that were invented separately:

(a) The Registrar must instruct all applicants to discuss amongst themselves and resubmit the name of the applicant, who will be designated as the applicant for a patent, within the prescribed period.

(b) According to the Registrar’s instructions, applicants shall resubmit the name of the applicant who will be designated as the applicant for a patent or state that they wish to be designated as joint applicants, if agreed so after discussing among all applicants, to the Registrar.

(c) All applicants must follow the Registrar’s decision, which was made according to stipulations, if an agreement cannot be reached among them even though the Registrar has provided the instructions under subsection (a).

9. (a) The applicant for a patent shall request the Registrar to make a detailed examination concerning the application within 36 months from the date of application and pay the prescribed fee. The Registrar shall make an announcement of said request in the prescribed manner.

(b) If the request in subsection (a) is not made within the prescribed period, the patent application shall be considered forfeited.

10. A patent application shall be relevant to just one invention or an invention that is related to becoming a general concept of invention.

11. The patent applicant:

(a) May, after paying the prescribed fee, apply to the Registrar to amend the application, translation or any documentary evidence due to text errors or other errors, which may be amended, before the Registrar makes a decision on the grant or refusal of the patent or before the Agency makes a decision in the appeal case against the decision of the Registrar.

(b) May amend the application before the patent is granted, without exceeding the descriptions contained in the original application.

(c) (1) May request the Registrar, until the patent is granted, to separate the application, which is not in conformity with section 27, into more than one separate application without adding to the descriptions contained in the original application. (2) The date of the original application or, if the right of priority is requested, the requested priority date shall be considered the submission date of each separate application.

(d) May request the Registrar for the withdrawal of the patent application.