Myanmar: Myanmar introduces new patent law

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Myanmar: Myanmar introduces new patent law

new-law-myanmar-min-final.jpg

On March 11 2019, the Myanmar parliament enacted the Pyidaungsu Hluttaw Law No. 7/2019 (Patent Law) heralding the dawn of a new era in patent registration in Myanmar. While the new Trade Mark Law passed on January 30 2019 is expected to come into force this year, the new Patent Law is pending and will come into operation only upon notification from the president of Myanmar.

The new patent regime is welcome news for both corporations and aspiring inventors. Traditionally, businesses in Myanmar have relied on colonial-era laws to protect their intellectual property. Patent rights were recognised by the Myanmar Registration Office upon receipt of a Declaration of Ownership of Patent based on a granted corresponding patent. It is also incumbent on the patent proprietor to publish a notice in a local newspaper every three years to assert ownership of their patent. The absence of an official framework for patent registration has imposed difficulties for patent owners when it comes to protecting their inventions and enforcing their rights against infringers in Myanmar.

Under the new Patent Law, a Myanmar Intellectual Property Office comprising a registrar, a department and examiners will be established under the Ministry of Commerce to administer patent registrations under a first-to-file system. The Patent Law provides protection for both patents with a protection term of 20 years and utility models (petty patents) with a term of 10 years. The recognised requirements for patentability of an invention apply – novelty, inventive step and industrial applicability, although petty patents do not have to fulfil the requirements for inventive step. Like other jurisdictions, discoveries, scientific theories, mathematical methods, systems and rules of doing business, performance of mental acts and playing games, and computer programs will not be patentable in Myanmar. Also excluded from patentability are methods for treatment of the human and animal body and inventions related to naturally occurring substances and their new uses.

Importantly, pharmaceutical products are exempt from protection until January 1 2033 whereas chemical products for agricultural uses, food products and microbiological products are exempt from protection until July 1 2021. These exceptions are made in accordance with the transitional extended period to exempt certain inventions under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) for least-developed country members.

Patent applications can be filed in English or Burmese, with submission of a certified translation as directed by the registrar. Priority may be claimed under the Paris Convention, and applicants have up to 36 months from filing to request substantive examination. A compulsory licence can also be requested for a Myanmar patent.

Once implemented, the suite of patent laws will pave the way for the creation of a structured and comprehensive patent regime, bringing Myanmar into greater alignment with international standards and legal frameworks.

collopy-dan.jpg
teng-yeo-moon.jpg

Daniel Collopy

Yeo Moon Teng


Spruson & Ferguson (Asia) Pte Ltd

152 Beach Road

#37-05/06 Gateway East

Singapore 189721

Tel: +65 6333 7200

Fax: +65 6333 7222

mail.asia@spruson.com

www.spruson.com

more from across site and SHARED ros bottom lb

More from across our site

Daniel Tarr explains why returning to his former firm could help him establish his personal brand, and predicts what’s on the horizon for AI litigation
A call to reinstate the European Commission's controversial SEP proposal and a trademark row involving Stanley cups were also among the top talking points
Susman Godfrey and Polsinelli secured victory for power systems manufacturer Vicor at the US International Trade Commission
Longi’s actions against JinkoSolar are the latest in a growing number of patent infringement disputes involving solar technology
Former solo practitioner Merlyne Jean-Louis explains why she moved to the newly formed Pierson Ferdinand, which operates as a virtual firm
With the India IP office headquarters moving from Mumbai to Delhi, forum shoppers and firms in the capital could benefit
David Stone, a highly influential figure at legacy firm Allen & Overy, has joined White & Case in what is a major move early in 2025
While business has been tough, foreign law firms with IP practices that have decided to stay put in China reveal why they are optimistic
Managing IP will host a ceremony in London on April 10 to reveal the winners of the EMEA Awards 2025
The Intellectual Property Judges' Association wrote to the European Commission just days before the proposals were shelved, it can be revealed
Gift this article