MYANMAR PATENT LAW CAME INTO FORCE ON MAY 31, 2024

By Renu Bala and Aditya Kumar

CONTENT

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Myanmar’s Patent law namely, “Pyidaungsu Hluttaw Law No. 7/2019” (enacted on March 11, 2019) has come into force vide Notification Number 160/2024 as issued by the State Administration Council of the Republic of the Union of Myanmar on May 31, 2024[i]. It is relevant to mention here that before the enactment of the Patent Law, the patents in Myanmar were being recorded as a Declaration of Ownership (DOO) at the Registry of Deeds & Assurances.  However, it is to be noted here that patents which have already been recorded as a Declaration of Ownership (DOO) at the Registry of Deeds & Assurances cannot be re-registered under the new Patents Act due to the lack of novelty.

Key takeaways from Myanmar’s New Patent Law:

• The Intellectual Property Office (IPD) established under the Ministry of Commerce, Myanmar shall soon start accepting patent applications for inventions that satisfy patentability criteria of:

(i) novelty;

(ii) inventive step, and

(iii) industrial applicability

• The patent law also extends protection to minor inventions (a new form of a product or a new structure of the parts of a product, or a part of a product that increases its utility or performance) that are novel and have industrial applicability.
• The IPD shall not accept any patent application relating to pharmaceutical inventions until January 01, 2033 (in accordance with the policy of TRIPS council as specified in the Act).
• A patent application entering Myanmar claiming priority from a basic application filed in a member country (member country of the Paris Convention and the World Trade Organization) can be filed within 12 months from the date of filing of the priority application. This will ease the process of claiming priority of foreign patent applications filed in the member states as mentioned in the Act- “If a patent applicant who has applied in a Member State of the Paris Convention or in a Member State of the Word Trade Organization or any transferee of said applicant applies to the Department for registration of the same invention within one year from date of initial application” (Section 43 of the Act). However, it is pertinent to note here that Myanmar till now is neither a contracting state of PCT[ii] nor a member of the Paris Convention[iii].
• A patent application for an invention may be filed for a product or a production process (solving a particular problem in a technical field).
• The invention should satisfy the criteria of novelty, inventive step and industrial applicability.
• Non-patentable inventions include:
• 1. Discoveries, scientific theories and mathematical calculations
  2. Business methods, pure computer programs, games
  3. Biological production processes mainly used for growing plants or rearing animals (except non-biological and microbiological production processes)
  4. Plants and organisms which include all organism and plant species, DNA, and biological materials found in nature (except man-made microbiological organisms)
  5. Surgical or treatment methods
  6. Inventions detrimental to public morale and order
  7. Inventions already known to the public and necessary chemicals.
• A patent application may be filed by a single or joint inventor(s), applicant (assignee, licensee or transferee), employer, or employee (under certain conditions).
• The patent application entering Myanmar from a member country (Paris Convention or WTO) within 12 months from a basic application filed in the member country shall claim priority to the basic application.
• Examination – Request for examination shall be filed within 36 months from the application filing or priority date. During the examination, applicant is allowed to amend the application within 60 days of such notice. The application is deemed to be withdrawn if the application is not amended with said period. However, the applicant may submit a request along with fees and explanation within 60 days from date of withdrawal to reinstate the application.
• Opposition – A request for opposition along with reasons can be filed against grant of the patent within 90 days from the date of grant. The grounds for opposition are lack of patentability (novelty inventive step & industrial applicability), excluded subject matters, absence of best method, insufficiency of disclosure, and lack of clarity & conciseness.
• Grant/ Refusal – The Registrar can either grant or refuse a patent application by reviewing the Examiner’s remarks and record the reasons for any such action.

Conclusion

The enforcement of Patent law in Myanmar marks a significant leap forward to the country’s legal and economic landscape. This not only aligns Myanmar with the international IP standards, but also fosters an environment conducive to creativity, innovation, and investment.  With stronger patent regime, Myanmar is bound to attract global business and gain a competitive edge on a global standpoint. An established and structured legal framework in patents shall indeed play a crucial role in fostering economic growth of Myanmar.

[i] https://www.moi.gov.mm/moi%3Aeng/news/14129

[ii] https://www.wipo.int/pct/en/pct_contracting_states.html

[iii] https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=2