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Patent & Design | Myanmar

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Patent

Summary Application Procedure Filing Requirements Documents Required

1. Legislations:
The Myanmar Patent and Design Act was issued in 1995 but never came into effect. The law was subsequently repealed. The 1946 Patents and Designs (Emergencies Provisions) Act (Emergencies Act) remains on Myanmar’s statute books, although it is essentially defunct as its main purpose was to apply Indian Patents and Designs Act of 1911. Since the India Act was never listed in the Myanmar Codes, there is effectively no patent and design law in Myanmar. Meanwhile, the Attorney General Office under the assignment of the Government has already drafted the new Patent Law and Industrial Design Law in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the least, WIPO in 2001. In this interim period, patent/design may be registered under section 18(f) of the Registration Act.

2. Patentability Criteria:
A patent has to fulfill the following conditions in order to claim protection.

  • it is new
  • it involves an inventive step
  • it is industrially applicable
Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:
  • discoveries, scientific theories and mathematical methods,
  • plant or animal varieties or essentially biological processes for the production of plant or animals,
  • schemes, rules or methods for doing business, performing mental acts


3. Utility Solutions:
N/A in Myanmar

4. Membership:
√ – WTO
√ – Paris Convention
X – Patent Cooperation Treaty (PCT)

5. Rule of Priority:
Priority claim is not yet available in Myanmar Registration system.

6. Duration:
In Myanmar, the law does not enact the validity period of a patent registration. According to the established practice, renewal of registration is usually done once in every three-year by one of the following ways:-
  • Renewal by re-registration in the form of Declaration
  • Renewal by re-publication in the local daily newspapers or weekly journals
  • Renewal by both re-registration and re-publication.

1. Declaration
A patent owner is required to submit a declaration containing solemn statement of facts to the Registry of Deeds and Assurances

2. Registration
A patent is registered on submission of the declaration by the owner.

3. Publication
Publication of cautionary notices in designated local newspapers serve to avoid possible infringements and passing off actions.

4. Protection
There exists no procedure for the protection of patents per se.

The following information and/or documents are required to file an application for a patent in Myanmar:-

Direct National Application:-
1. Application Form:-
a) the name, address and nationality of the applicant;
b) the name, address and nationality of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) thethe country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent
3. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
4. There is no requirement for the filing of an assignment from inventor to applicant.

Basic Requirements

Documents Remarks Time of Filing
Declaration of Ownership of Patent Signed and notarized If it has already been registered elsewhere (i.e. US Patent Application No), its registration number and the country, the detailed background of the invention must be attached with Declaration. On filing date


Additional Documents for Convention Patent Application
Documents Remarks Time of Filing
Power of Attorney Signed and notarized. The signature and seal of the Notary in turn must be attested by Myanmar Embassy in the country concerned On filing date

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