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.

DETAIL EXAMINATION

The MIPD issued the following Notification No. 26/2025 dated October 27, 2025 regarding the method of detail examination process of Patent application.

1. The Patent Law (7/2019) came into force on 31 May 2024 and applications are being accepted starting from 31 October 2024. According to Section 26, Subsection (a) of the Patent Law, the applicant must request a detailed examination of the patent application within 36 months from the date of application by paying the prescribed fee in PT-8. If such a request is made, the patent application will be examined in detail and granted/rejected.
2. In the initial phase of Myanmar’s implementation of the patent system, detailed examination will be carried out in the following two ways:
   • (a) If the application for a patent has already been filed in a foreign country and claims priority, the examination shall be made to determine whether there is any conflict with the provisions of the Myanmar Patent Law and Rules for the same invention, taking into account the documents and evidence examined by the patent office of the relevant foreign country under Section 38 of the Patent Law.
   • (b) If it is a patent application filed for the first time in Myanmar, it shall be submitted to a foreign patent office that will cooperate with the Ministry of Commerce, Department of  IP, Myanmar, for examination
3. The applicant can choose the method that best suits his/her application from the two methods mentioned above and request a detailed review.
4. In the first method, for patent applications claiming priority from a foreign filing, the following requirements apply:
   • (a) An application must be filed with the Department of IP, Ministry of Commerce, Myanmar, requesting priority rights for the same invention.
   • (b) In relation to an application for a patent that has been examined in a foreign country, the documents and evidence required under Section 38 of the Law must be submitted in either Myanmar or English.
   • (c) If the claims in the priority application are different from the claims granted, a Claim Corresponding Table must be submitted. (The claims granted in the priority application must not exceed the claims granted in the relevant country.)
5. In the second method, if the application for a patent is filed first in Myanmar, the applicant may forward it to a foreign patent office cooperating with the Myanmar IP Department for examination:
   • (a) An application must first be submitted to the Myanmar IP Office and the fee set for examination by the foreign patent office that will cooperate with the Myanmar IP Office must be paid.
   • (b) If requested by the Registrar, the application in Myanmar must be translated into English and the application in English into Myanmar, and must also be submitted in a language accepted by the Foreign Patent Office, which will cooperate with the Myanmar IP Department.
6. The second method, which is to submit the application to a foreign patent office that will cooperate with the Myanmar IP Department, will be announced in a separate announcement for detailed examination.
7. The Intellectual Property Department notifies that it will grant a patent which does not conflict with the provisions of the Myanmar Patent Law and Rules, by considering the detailed examination results and documentary evidence performed by any foreign patent office as submitted by the applicant.”

IP Department

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