Filing Patent and Utility Model applications in Myanmar

According to the announcement of the Ministry of Commerce on 25 October 2024, Patent applications and Utility Model applications are accepted from the Date of October 31, 2024. IP Agency has issued Notification no.2/2024 dated October 22, 2024 in respect of Official fees for registration of Patent and Utility Model.

To be eligible for protection, the invention must be:

(a) New and Novelty (Not have been disclosed or published anywhere by any means before the filing date or priority date (if claimed);

(b) Involved an inventive step, and

(c) Industrial applicable.( said invention is able to be produced or used in an industrial enterprise.)

Regarding utility model registration, it must be: (a) Novelty and (b) Industrial applicable.

The applicants who want to file Patent and Utility Model application in Myanmar can inform us details of applicant and invention, so that we can prepare the required documents for your execution.

Requirements:

• a request for grant of the patent ( PT/UM-1 form) completed and signed by the applicant;
• Statement of Justifying the applicant’s right to a Patent or Utility Model Certificate [PT/UM-1(a)] (if the applicant obtained the right by Assignment , by transfer or by a Contract)
• name, nationality and address of the applicant or legal entity
• name, address and nationality of the inventor(s);
• A duly executed form of Appointment of representative (PT-UM-2).
• Abstract of the invention (its title, field of the invention, technical specifications, etc.);
• Full description of the invention;
• One or more claim to grant the patent as prescribed;
• drawings for the understanding of the invention, if any;
• Statement of legal use of traditional knowledge whether or not in combination   with genes or biological resources as well as genes and biological resources themselves and description of direct or indirect use in making the invention in question (it shall be attached with the Form PT-UM-1(b).
• Request for early publication if the applicant wishes so [the Form PT-UM-1(c)].
• If the applicant does not want to mention the name of Inventor in the Invention or Utility Model Publication, the Request form PT/UM-1(d) shall be executed and attached with application.

Procedures

E-filing applications are to be filed via the stipulated account of authorized Representative / Patent Attorney into IP Department’s E-filing system. The Patent/Utility applications are subject to undergo examination, publication, opposition (if any) before getting registration.

The term

– The term of patent shall be 20 years from the filing date of the patent application.

– The term of the Utility Model is 10 years from the filing date of Utility Model application.

Time frame

This Patent registration system is just started in Myanmar and we are still not able to mention exact time frame.