Myanmar – Patent and Utility Model applications can now be filed
As we announced earlier this year, Myanmar’s long-awaited Patent Law 2019 came into effect on 31 May 2024, and the implementing Patent Rules were introduced on 4 June 2024. However, it was not clear at that time when patent and petty patent (utility model) applications would start to be accepted, as no official forms or fees had yet been promulgated.
Following these developments, the official forms necessary for filing patent and utility model applications were issued on 19 July 2024, and then on 22 October 2024, the Intellectual Property Agency announced the official fees, including annuity fees, associated with such applications. Finally on 31 October 2024, Myanmar's Intellectual Property Department (IPD) officially begun to accept new patent and utility model applications.
The newly-released official fees range from MMK500,000 (around GBP210) to MMK1,500,000 (around GBP625). For instance, the official filing fees for a patent application are MMK500,000 for the first 5 claims and the first 20 pages of description of application of patent. If the application has more than 5 claims, the official filing fee for each additional claim is MMK20,000. If the description of the invention consists of more than 20 pages, the additional official filing fee per page is MMK3,000.
As previously reported, whilst Myanmar is not a member of the Paris Convention, it is possible to claim priority from an application submitted in a member state of the Paris Convention or the World Trade Organization. Procedurally, patent and utility model applications can be filed electronically, in person, or via postal mail. The application documentation may be filed in either English or Burmese, although the Patent Registry may request a certified Burmese translation of the specification if it is filed initially in English.
The Patent Law includes specific exclusions to patentability, including: scientific discoveries, theories, and mathematical methods; business methods; computer programs; biological processes used for producing plants or animals; plants and animals; methods for treating the human or animal body through surgery, therapy, or diagnostic practices; natural substances; and inventions that could significantly harm public order or morality, human beings, animals, plants, health or the natural environment. In addition, pharmaceutical products and processes are currently classified as non-patentable inventions by virtue of the provisions of TRIPS until 1 January 2033, unless the Union Government introduces specific provisions to change this status.
Additionally, the law outlines specific exclusions from utility model protection, which include: processes or methods; chemical, pharmaceutical, biological, metallurgical substances or compounds; items that are excluded from patent protection under the Myanmar Patent Law; sculptures, architectural works, or natural ornaments.
These important developments finally enable patent applicants to benefit from a substantive patent protection system in Myanmar, with the implementation of the new law replacing the primitive and unsatisfactory “cautionary notice” system for the first time. We would be pleased to assist you with your new applications in this jurisdiction and any questions you may have.
