Myanmar: Myanmar introduces new patent law

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

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

In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja & Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Gift this article