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June 4, 2024

Myanmar’s Patent Law Takes Effect

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Myanmar’s Patent Law 2019—the country’s first legislation specifically addressing patent protection—took effect on May 31, 2024.

The announcement that the law had taken effect came when the State Administration Council (SAC) issued Notification No. 106/2024 on June 1, 2024. This announcement is a key development moving toward full implementation of statutory patent protection in Myanmar.

The next step will be the announcement of the Patent Rules, which will establish the requirements, official forms, and procedures related to the application and registration of patents and utility models. Another necessary announcement will be the official forms and fees for proceeding with patent-related matters at the Intellectual Property Department (IPD). Upon these forthcoming announcements, parties will be able to apply for patent registration in Myanmar.

The Patent Law, which was enacted in 2019, allows for the registration of inventions that:

  • Have not been disclosed to the public anywhere by any means before the filing date or priority date (if claimed);
  • Involve an inventive step; and
  • Are capable of use in any industry.

Priority rights can be claimed within a year of the filing of an application with any member country of the World Trade Organization. In seeking protection for inventions internationally, priority rights cannot yet be claimed under the Paris Convention or the Patent Cooperation Treaty, as Myanmar’s ratification of these agreements is still pending. Nevertheless, the Patent Law includes provisions related to these two agreements; these provisions will take effect if the ratification process is completed.

Rights owners interested in seeking protection of their inventions in Myanmar should begin evaluating their portfolios so that they can apply to register their inventions once the remaining necessary announcements have been issued.

Recordation of inventions—including renewals of patents that had been recognized under Myanmar’s previously established practice—will no longer be accepted. Rights holders can claim statutory protection and exclusive rights for their inventions under the new regime of the Patent Law.

For more information and updates on the Patent Law, or on any aspect of Myanmar’s evolving legal framework for protecting intellectual property, please contact Tilleke & Gibbins at [email protected].

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