On October 31, 2024, Myanmar’s Intellectual Property Department (IPD) announced that it would officially start accepting applications for patent and utility model registration under the Patent Law, effective immediately. Contained in IPD Announcement No. 14/2024, this significant development opens new avenues for securing patent and utility model rights in the country.
Myanmar’s Patent Law (Pyidaungsu Hluttaw Law No. 7/2019) 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 Myanmar’s history. The Patent Law took effect on May 31, 2024, under State Administration Council Notification No. 106/2024.
To implement this new framework, the Ministry of Commerce (MOC) promulgated the Patent Rules under Notification No. 43/2024 on June 4, 2024, detailing the requirements and procedures for patent- and utility model-related matters. Subsequently, the MOC specified the official forms to be used for filing of patent- and utility model-related matters under Notification No. 54/2024 on July 19, 2024. On October 22, 2024, the Intellectual Property Agency announced the official fees, including annuity fees, for patents and utility models under Notification No. 2/2024.
Applicants (both individuals and legal entities) can now file to register new patents and utility models with the IPD electronically, in person (directly or through a local representative), or by post.
To be patented, an invention must:
- Not have been disclosed to the public anywhere by any means before the filing date or priority date (if claimed);
- Involve an inventive step; and
- Be capable of use in any industry.
As for utility model registration, the requirements are the same, except an inventive step is not necessary.
This milestone marks a pivotal moment for innovators and investors looking to protect their inventions in Myanmar. All stakeholders are encouraged to take advantage of the new opportunities for patent and utility model registration in Myanmar.
Nevertheless, Myanmar does not currently accept patents or utility models through the Patent Cooperation Treaty (PCT) route, and priority claims under the Paris Convention are also not yet accepted, as Myanmar’s ratification of these treaties is still pending. However, priority can be claimed based on applications from World Trade Organization (WTO) member countries within one year of the date of a prior application for that invention.
For more information on applying for patent or utility model registration in Myanmar, or on any aspect of Myanmar’s evolving legal framework for protecting intellectual property, please contact Tilleke & Gibbins at myanmar@tilleke.com.
For further information, please contact:
Yuwadee Thean-Ngarm, Partner, Tilleke & Gibbins
yuwadee.t@tilleke.com
