In Myanmar, patent law took effect on May 31, 2024, and the patent registration rules were enacted on June 4, 2024. The Department of Intellectual Property officially announced that patent applications have been accepted since October 31, 2024.

Therefore, foreign individuals or entities should apply for patent registration in Myanmar to protect their inventions and secure exclusive rights.

Myanmar is currently not a member of the Patent Cooperation Treaty (PCT). Thus, international individuals and entities must apply directly for patent registration in Myanmar via a local patent representative.

According to Section 13 of the Patent Law, an invention is patentable if it meets the following conditions:

(a)        The invention is new (novelty);

(b)       it involves an inventive step (inventiveness); and

(c)        It is capable of being used in any industry (industrial applicability).

Under the Paris Convention or the World Trade Organization, applicants may claim priority based on an earlier application in a foreign nation within one year from the date of the overseas filing.

Below is a list of the documentation required for patent filing in Myanmar:

• Patent Application Form: Name, legal ID number, nationality, address, phone number, and email of the applicant and inventor.
• Power of Attorney: Representative (PT/UM-2) Form.
• Certificate: Copy of legal entity certificate and evidence of authority to sign for the legal entity.
• Assignment: If the applicant is not the inventor, an assignment from the inventor to the applicant will be required, or an employment contract if the inventor is an employee.
• Abstract: The abstract must provide a summary of technical information, with a word limit of 250.
• Description of the Invention.
• Claims.
• Priority Documentation (if any): The priority claim should be filed with the Myanmar Patent Office within 12 months from the date of the overseas filing.

Validity of Patent - According to Section 47 of the Patent Law, the term of a patent is 20 years from the filing date of the patent application. In addition, under Section 81 of the Patent Law, the term of a utility model certificate is 10 years from the filing date of the utility model application. 

Registering a patent in Myanmar is essential for protecting your invention and securing exclusive rights, as patent applications are now accepted on a first-to-file basis as of October 31, 2024.

The information presented here is given solely for informational reasons and is not meant to be construed as legal advice. Our team would be delighted to assist you with registering your patent in Myanmar.  Should you have any questions or require further information, please do not hesitate to contact us via email info@mziplaw.com , lawyer@mziplaw.com.