Myanmar’s first dedicated legislation on patent protection, the Patent Law 2019, officially took effect on May 31, 2024. The State Administration Council (SAC) confirmed this through Notification No. 106/2024 on June 1, 2024.

Key Developments and Next Steps:
With the law now operational, the next crucial step involves the issuance of the Patent Rules. These rules will specify the requirements, official forms, and procedures for the application and registration of patents and utility models. Subsequent announcements will outline the fees for patent-related activities at the Intellectual Property Department. Once these are released, individuals and entities can begin filing patent applications in Myanmar.

Eligibility Criteria for Patent Registration:
Under the 2019 Patent Law, an invention must satisfy the following criteria to obtain the registration:
• Novelty: The invention must not have been disclosed to the public by any means before the filing date or priority date.
• Inventive Step: The invention must involve an inventive step.
• Industrial Applicability: The invention must be capable of use.

Minor Inventions (Utility Models):
The description of a minor invention should be complete and clear. It must include how the minor invention improves the utility and performance of an object. Utility models, which do not require an inventive step, are protected for 10 years from the filing date and do not undergo substantive examination.

Additional Highlights of the Patent Law:
• Non-Patentable Inventions: Certain categories are excluded from patent protection, including scientific theories, business methods, pure computer programs, methods for medical treatment, and others.
• Language Requirements: Patent applications can be submitted in English or Myanmar.
• Examination Process: The Patent Office will conduct formal and substantive examinations, with a request for substantive examination required within 36 months from the filing date.
• Grace Period: A one-year grace period is available for inventions first displayed at an international trade fair organized by a member country of the Paris Convention or WTO.
• Protection Term: A registered patent is protected for 20 years from the filing date.

Myanmar's updated patent law brings the nation’s patent system in line with global standards, encouraging innovation and offering solid protection for inventors.

If you have any questions on Myanmar’s new patent law, please contact us at [email protected].