Based on today's trend, it must be admitted that one of the most effective strategies for creating and preserving a company's competitive advantage in the global economy lies in the use of patents. By obtaining a patent, a business can prevent competitors from replicating their innovations or technology. This exclusivity allows the company to control market niches and set the pace of innovation in its sector. Additionally, demonstrating that the business has legally protected its innovations can discourage potential competitors. This may lead to a stronger negotiating position, enhanced alliances, and an increased ability to draw in clients seeking for innovative products.

Myanmar has emerged as one of the key target destinations in ASEAN for investors from around the globe. In the past, an innovation in Myanmar lacked protection due to the absence of legislation protecting and safeguarding patents. This created uncertainty for investors seeking to protect their innovations and technologies while expanding their business to Myanmar. However, Myanmar has now entered a new era of intellectual property protection since the full implementation of its Patent Law. Recently, Myanmar’s Intellectual Property Department announced that applications for patent and utility model registration under Myanmar’s Patent Law of 2019 are officially available, starting October 31, 2024.

It has been almost 6 years since Myanmar’s Patent Law was enacted on March 11, 2019, and it officially took effect on May 31, 2024. The Patent Law of 2019 represents Myanmar’s first legislation concerning the protection of patents in Myanmar, establishing a framework for safeguarding products and process-related inventions. Aligned with global intellectual property standards, this significant development provides new opportunities for securing patent and utility model rights in Myanmar. The main highlights of the Patent Law of 2019 are listed below.

Patentability Criteria

The patentability criteria align with global standards. To qualify, the invention must be new, have an inventive step, and be capable of industrial application. The requirements for utility model registration are the same, with the exception that an inventive step is not required.

It is important to note that the patents or utility models that were previously recorded as Declaration of Ownership cannot be re-registered under the Patent Law, as they do not meet the novelty requirement. 

Priority Rights

Although Myanmar is not a member of the Paris Convention, priority can still be claimed for an application filed in a member state of the Paris Convention or the World Trade Organization, provided it is filed within 12 months from the priority date. Nevertheless, Myanmar is not yet a member of the Patent Cooperation Treaty (PCT), which limits the ability to file international applications through the PCT system.

Examination

Patent applications undergo both formality and substantive examinations. Applicants must request a substantive examination within 36 months from the filing date of their application. However, no substantive examination is required for utility models.

Term of Protection

A patent is protected for 20 years, while a utility model is protected for 10 years from its filing date.

Annuity fee

Both patents and utility models require the payment of an annuity fee to maintain protection. For patents, the fee is due starting from the 3^rd year after filing, while the utility model requires payment from the 2^nd year after filing.

The launch of Myanmar’s patent registration system presents a significant opportunity for both local innovators and international companies seeking protection for their inventions in Myanmar. This development also positions Myanmar as a more attractive destination for foreign investment. Companies in industries such as technology, agriculture, and manufacturing can now bring their innovations and expand their businesses into the Myanmar market with confidence, knowing their innovations will be protected from unauthorized replication.  

Consequently, rights holders should begin to evaluate their inventions to ensure they meet the necessary criteria, so that they can file applications promptly to secure their inventions and technologies.

At JTJB International Lawyers, we specialize in guiding clients through the patent registration process in Myanmar to help ensure their innovations are properly safeguarded. If you are looking for guidance with patent protection, filing, or have any inquiries about protecting your IP rights, please do not hesitate to contact us at [email protected]. 

PATTARAVADEE KONGCHAROENNIWAT

Partner

+66 2 106 8315 Ext. 108

[email protected]

KANITTA THUNYAKITTIKUL

Senior associate

+66 2 106 8315 Ext. 117

[email protected]