Understanding Law related to Patents in Myanmar
A patent is an exclusive right granted for an invention, which may be a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
Myanmar does not have any specific Patent law. A Patent may be registered by filing a Declaration of Ownership for Patent at the office of the Sub-registrar of Deeds and Assurances in Yangon. The patent owner may also publish a Cautionary Notice in a leading Newspaper in Myanmar,under section 18(f) of the Registration Act (1946). This serves as a notice to public that said invention belongs to someone and if required, a passing off remedy shall be exercised in a court.
Myanmar has agreed to conform to the provisions of the TRIPS Agreement by 2021. The Myanmar government has started drafting the Intellectual Property Law and is yet to be finalized and adopted.
|Relevant Law Office||No Administrative Body|
|Law in Force||No statutory Law|
|PCT Contracting State||No|
|Documents Required||1. Patent specification, claims and abstract (including drawings, if any) in English;|
2. Declaration of Ownership; and
3. Power of Attorney (notarized and legalized up to the Myanmar Embassy)
|Prosecution Process||1. Filing a Declaration of Ownership for Patent at the office of the Sub-registrar of Deeds and Assurances in Yangon. 2. Followed by publication of a cautionary notice in a leading Newspaper under Common Law.|
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