Myanmar: Filing of Invention and Utility Model Patent Applications Officially Launched

Recently, Myanmar has officially opened applications for invention and utility model patents. This reform has created new opportunities for Myanmar's innovators, enabling them to better protect their innovative achievements in both domestic and international markets.

It is learned that Myanmar's Patent Law was formally approved by the Union Parliament of Myanmar on March 11, 2019, followed by meticulous preparations and the formulation of implementation rules. Finally, on May 31, 2024, the State Administration Council of Myanmar issued an announcement on the official entry into force of the Myanmar Patent Law. According to Notification No. (14/2024) issued by the Myanmar Intellectual Property Department (MIPD) under the Ministry of Commerce, Myanmar will officially start accepting applications for invention/utility model patents from October 31, 2024.

For innovators, invention patents in Myanmar are protected for 20 years (calculated from the filing date), and utility model patents are protected for 10 years (calculated from the filing date). This provides them with sufficient time to enjoy market returns from their innovative achievements. It is worth mentioning that in terms of language requirements for application documents, Myanmar has adopted an international approach—application documents can be written in Burmese or English, which undoubtedly lowers the language barrier for international applicants to submit applications.

However, to successfully apply for a patent in Myanmar, certain specific regulations must be followed. For example, patent agents must meet a series of strict conditions, including holding a Myanmar national identity card, residing in Myanmar, having a graduation certificate in engineering, science and technology, or law, obtaining a patent training certificate issued by the Intellectual Property Department, or successfully completing an agency training course organized by the Intellectual Property Department. At the same time, applicants are required to submit an application form with complete information, as well as detailed descriptions of the invention/utility model, statements of claims, and other relevant documents. A power of attorney does not require notarization.

It is noteworthy that the application for an invention patent involves a key step—substantive examination. In Myanmar, after filing an invention patent application, the applicant must submit a request for substantive examination within 36 months; otherwise, the patent application will be deemed abandoned. In contrast, utility model patents do not require a request for substantive examination, which undoubtedly provides applicants with a faster protection route.

Myanmar's move has undoubtedly provided broader markets and more comprehensive legal protection for both local and international innovators. We look forward to Myanmar making more remarkable progress and achievements in the field of intellectual property rights.