Myanmar, officially the Republic of the Union of Myanmar, also called Burma, is a country in Southeast Asia. It is a country rich in jade and gems, oil, natural gas, teak, and other mineral resources. Myanmar is also endowed with renewable energy; it has the highest solar power potential compared to other countries of the Great Mekong Subregion. Myanmar is a member of the East Asia Summit, Non-Aligned Movement, ASEAN, and BIMSTEC. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Myanmar.
Patent in Myanmar
According to Myanmar law, a patent in Myanmar is a grant of a property right given by the Government to an inventor. With a patent, the inventor, or the patentee will have the right to exclude others from making, using, offering for sale, selling the invention in a country, or importing the invention into a country, along with other rights to protect their best interests.
To be patentable in Myanmar, an invention must satisfy the new, nonobvious, inventive, and industrially applicable requirements.
In addition, an invention that is patentable can also be an improvement on existing items or methods.
On the other hand, the unpatentable subjects in Myanmar are:
- Discoveries, laws of nature, and mathematical methods;
- Aesthetic designs;
- Systems, rules, and methods for the performance of mental labor, games or management, computer programs;
- Presentation of data and abstract ideas.
Importantly, in accordance with the extended transition period for meeting obligations under the TRIPS Agreement for Least-Developed Country Members, the Patent Law in Myanmar contains special provisions exempting the protection of pharmaceutical patents until January 1, 2033, and the protection of chemical products used in agriculture, food products, and microbiological products until July 1, 2021.
However, it should be noted that the Myanmar government may change the rules as this country is going through a transitional period.
Necessary documents for patent registration in Myanmar
The necessary documents for patent registration in Myanmar include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
Patent applications can be filed in English or Burmese, with the submission of a certified translation as directed by the registrar.
The procedure for patent registration in Myanmar
To obtain a patent in Myanmar, the applicant needs to file their patent application to the IP Office of Myanmar.
Once through the formality examination, applications are published 18 months after the date of application.
However, to avoid any possible passing-off and infringement of the rights over the patent, the patentee can publish a Cautionary Notice disclosing basic information about the patented invention in a local newspaper.
This process is recommended, however, it is not mandatory so applicants and patentees should consider implementing it.
The request for substantive examination must be filed to the IP Office within 16 months from the filing date.
If official actions are issued by the IP Office, the applicants must respond within 60 days. After this time, the application may be considered invalid or withdrawn.
Priority under the Patent Cooperation Treaty or the Paris Convention can be claimed in Myanmar within one year from the date of the initial application.
Granted patents in Myanmar are valid for a term of 20 years from the filing date, or 10 years for petty patents.
To maintain the validity of the patent, the patentee must pay the annuities yearly.
The current procedure for renewal of registration of patents is usually once every three-year by way of re-registration in the form of Declaration or re-publication in the local daily newspapers or both.
You can see a list of Myanmar IP firms here.