Patents Laws in Myanmar

Here’s an overview of the patent laws in Myanmar:

🇲🇲 Patent Laws in Myanmar

1. Governing Law

The main legislation is the Patents and Designs Law, 2019, which replaced older laws and modernized Myanmar’s IP framework.

Administered by the Intellectual Property Department (IPD) under the Ministry of Commerce.

2. Patent Protection

Patents protect inventions that are:

New

Involve an inventive step

Industrially applicable

Patentable inventions include products, processes, machines, and improvements.

Exclusions include discoveries, scientific theories, mathematical methods, and certain biological materials.

3. Application Process

Patent applications must be filed with the Intellectual Property Department (IPD) in Myanmar.

Requirements include:

Description

Claims

Abstract

Drawings (if applicable)

The law provides for formal examination and substantive examination.

Publication occurs 18 months after the filing date or priority date.

Patent duration is 20 years from the filing date, subject to payment of renewal fees.

4. International Treaties

Myanmar is a member of the Paris Convention (since 1999).

Myanmar is not yet a member of the Patent Cooperation Treaty (PCT).

Priority claims can be made based on foreign applications in member countries.

5. Rights Conferred

Exclusive rights to make, use, sell, or import the patented invention.

The right to license, assign, or transfer the patent.

6. Compulsory Licensing

Possible under certain conditions, such as failure to work the patent locally or for public interest reasons.

7. Enforcement

Patent infringement cases are handled by the Myanmar courts.

Remedies include injunctions, dHere’s an overview of the patent laws in Myanmar:

🇲🇲 Patent Laws in Myanmar

1. Governing Law

The main legislation is the Patents and Designs Law, 2019, which replaced older laws and modernized Myanmar’s IP framework.

Administered by the Intellectual Property Department (IPD) under the Ministry of Commerce.

2. Patent Protection

Patents protect inventions that are:

New

Involve an inventive step

Industrially applicable

Patentable inventions include products, processes, machines, and improvements.

Exclusions include discoveries, scientific theories, mathematical methods, and certain biological materials.

3. Application Process

Patent applications must be filed with the Intellectual Property Department (IPD) in Myanmar.

Requirements include:

Description

Claims

Abstract

Drawings (if applicable)

The law provides for formal examination and substantive examination.

Publication occurs 18 months after the filing date or priority date.

Patent duration is 20 years from the filing date, subject to payment of renewal fees.

4. International Treaties

Myanmar is a member of the Paris Convention (since 1999).

Myanmar is not yet a member of the Patent Cooperation Treaty (PCT).

Priority claims can be made based on foreign applications in member countries.

5. Rights Conferred

Exclusive rights to make, use, sell, or import the patented invention.

The right to license, assign, or transfer the patent.

6. Compulsory Licensing

Possible under certain conditions, such as failure to work the patent locally or for public interest reasons.

7. Enforcement

Patent infringement cases are handled by the Myanmar courts.

Remedies include injunctions, damages, and seizure of infringing goods.

8. Renewal Fees

Annual fees are required to maintain the patent.

Failure to pay renewal fees results in the lapse of the patent.

 

8. Renewal Fees

Annual fees are required to maintain the patent.

Failure to pay renewal fees results in the lapse of the patent.

 

LEAVE A COMMENT

0 comments