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

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article