Myanmar Patent Law 2019

Myanmar’s Patent Law, enacted in 2019, provides a legal framework for protecting intellectual property rights related to inventions and utility models. The law grants exclusive rights to inventors, ensuring they can exploit their inventions for 20 years from the filing date, while utility models are protected for 10 years. To qualify for protection, inventions must be new, involve an inventive step, and have industrial applicability. The law excludes certain inventions from protection, such as discoveries, business methods, and pharmaceutical products (until 2033). The law aims to encourage innovation and provide legal certainty to inventors and businesses in Myanmar.

Myanmar Patent & Utility Model Registration

Patent Definition:
A patent is an exclusive right granted for an invention, be it a product or process that provides a new solution to a problem. By registering a patent, you secure the exclusive right to exploit the invention, preventing others from using, making, or selling it without your permission.

Utility Model Definition:
A utility model refers to a new technical creation, often involving an improved shape or structure of an object, providing enhanced functionality. It’s a simpler form of protection compared to patents, but it still ensures legal rights for innovations.

Who May Apply?

Any individual or legal entity (e.g., a company) can apply for a patent or utility model, either individually or jointly with others.

Patentable Inventions

To be eligible for patent protection, your invention must meet the following criteria:

1. New – The invention should be unknown to the public before the patent application.
2. Inventive Step – The invention must offer an innovative improvement that is not obvious to experts in the field.
3. Industrial Application – The invention must have practical utility and be usable in an industry.

Non-Patentable Inventions include discoveries, scientific theories, business methods, computer programs, and medical treatments, among others.

Registration Requirements for Patents and Utility Models

To apply for a patent or utility model in Myanmar, the following supporting documents are required:

1. Application Form: A completed patent or utility model application form.
2. Invention Details: The invention must be described in detail, clearly, and concisely, enabling a person skilled in the relevant technical field to replicate the invention. The invention details should include:
   • The title of the invention.
   • The technical field to which the invention belongs.
   • The background of the invention.
   • The nature and purpose of the invention.
   • A full disclosure of the invention’s details, including how it works.
   • A brief description of any drawings (if applicable).
   • The best mode for carrying out the invention.
3. Claims: A set of claims that defines the scope of protection sought for the invention.
4. Drawings: Any necessary drawings to aid in the understanding of the invention (if applicable).
5. Abstract: A concise summary of the invention that outlines its essential features.
6. Additional Documents (if necessary):
   • The address and name of the country where the applicant has an industrial or commercial establishment (if applicable).
   • Registration number and type of legal entity if the applicant is a legal entity.
   • Priority declaration and supporting documents if claiming priority from an earlier filed application.
   • Declaration of exhibition priority if the invention was displayed at an international exhibition.
   • Joint applicant agreements, if applicable.
   • Disclosure of access to genetic or biological resources if used in the invention.
7. Translation: If the application is filed in English, a translation into Myanmar language is required, and vice versa.

Patent Application Process

1. Application Filing: Submit the patent application with the required documents.
2. Formality Examination: The patent office checks the application for completeness and accuracy.
3. Publication: The application is made public, typically after 18 months.
4. Request for Examination: A substantive examination is conducted to assess the invention’s novelty, inventive step, and industrial applicability.
5. Decision: The patent office either grants or refuses the patent. If granted, the decision is published and a patent certificate is issued. If refused, you may appeal.

Patent Duration: A patent is protected for 20 years from the filing date, with annual fees required to maintain its validity.

Utility Model Application Process

The utility model registration process is similar to that of patents but involves a less rigorous examination. Applications are published after a formality check, and the decision on granting or refusing the utility model is made based on novelty and industrial applicability.

Utility Model Duration: Protection lasts for 10 years from the filing date, with annual fees required to maintain it.

Protect your invention or utility model today by filing for patent or utility model registration. Our team is here to guide you through every step of the process, ensuring your innovation is legally safeguarded in Myanmar.

Contact us now to begin your registration process!

Bonjour Myanmar Patent Registration
Building 244/246, First Floor, Pinlon Htaithtar Condo,
Pansodan Road, Kyauktada Township, Yangon Region, Myanmar
+95 (09) 40 30 30 120
management@myanmariplawfirm.com / myanmarlawfirm@gmail.com