Seize Your Innovation: Key Insights into Myanmar’s Newly Enforced Patent Law

Myanmar’s Patent Law, enacted as the 2019 Pyidaungsu Hluttaw Law No. 7, has recently come into force, marking a significant step forward in aligning the country’s intellectual property (IP) framework with international standards. Effective from May 31, 2024, this law introduces comprehensive provisions for patent rights protection, fostering innovation and supporting economic development.

To qualify for patent protection, an invention must be novel, meaning it should not already be part of existing technology. Additionally, it must involve an inventive step, indicating that it is not obvious to someone skilled in the relevant field. The invention must also be industrially applicable, meaning it can be used or produced in an industrial setting.

Certain types of inventions are excluded from patent protection, including discoveries, scientific theories, mathematical methods, business methods, psychological practices, games, purely computer programs, and biological processes for plant or animal production, among others. Inventions detrimental to public order, morality, or health are also excluded.

Eligible applicants for patent rights include the inventor, the licensee, and the transferee of the inventor. Joint inventors can apply together, and inventions made under an employment contract generally give the employer the right to apply for the patent unless otherwise stated. If the employer does not apply within six months after being notified by the employee, the employee then has the right to apply for the patent.

The patent application process involves submitting a complete description of the invention, along with necessary drawings or explanations. A detailed examination must be requested within a specified time frame, followed by a public announcement to allow for objections. The applications are then examined for compliance with the law’s criteria, and the public can file oppositions within 90 days of the announcement.

Once granted, patent rights provide exclusive rights to prevent unauthorized use, manufacturing, or sale of the patented invention. Patentees can transfer patent rights, grant licenses, and pursue civil action against infringements. In cases of urgent public need or to address anti-competitive practices, compulsory licenses can be issued to ensure essential inventions remain accessible for public welfare.

Patents can be revoked if found non-compliant with eligibility criteria or obtained fraudulently. Patentees also have the option to voluntarily surrender their patents.

Myanmar’s Patent Law offers a robust framework for intellectual property protection, crucial for fostering innovation and attracting investment. Businesses and inventors in Myanmar should familiarize themselves with this law to safeguard their inventions and leverage IP rights effectively. By encouraging innovation and ensuring fair competition, the law aims to contribute significantly to the country’s technological and economic progress.

For inventors and businesses, registering a patent in Myanmar now offers strong legal protection and the opportunity to capitalize on innovations. The clear procedures and strong enforcement mechanisms provided by this law ensure that intellectual property rights are well-protected, encouraging confident innovation. Don’t miss out on securing your inventions under Myanmar’s comprehensive patent protection system. Register your patents today to take full advantage of the benefits and protections offered.