Myanmar recently released the new Patent Laws on March 11, 2019. This law, also known as Pyidaungsu Hluttaw Law No. 7/2019, gives a framework when protecting inventions. This is the first law that specifically addresses patent protection in the country.
If you’re looking to protect your inventions in Myanmar, you need to know what these laws mean for you. Read on and learn more.
Under this new Patent Law, you can patent your invention if it involves the NIU factor. That means it needs to be novel, has an inventive step, and it applies to industry. That means if your invention lacks one of these, it won’t get a patent grant.
Here are some examples of non-patentable inventions in Myanmar:
You can’t patent algorithms for doing business as well as anything that only involves mental acts. This will include video games and computer programs. Biological processes for producing plants and animals aren’t eligible for a patent, except if they’re man-made.
Due to this agreement, Myanmar’s Patent Law has special provisions that exempt pharmaceutical patents from protection until 2033. As for chemical products used for food and agriculture, they’re exempt until July of 2021. These restrictions can change according to the decision of the local government.
If you get a patent grant in Myanmar, you’re protected for 20 years after the filing date. Petty patents will enjoy half the duration. You can pay the maintenance fees every year.
You can file for patent infringement claims at the Intellectual Property Court. The Supreme Court of Union establishes this court using the powers granted by the state. If found guilty, the infringing party will get imprisonment for up to a year, as well as a possible fine that won’t exceed around $1,300.
When applying for a patent, you need to file it in either English or Myanmar Language. In most cases, the registrar will require you to submit a certified translation for both. Other requirements should have the following:
Take note, the Directorate of Patents and the IPO might require additional documents. In some cases, they can request more information about your invention.
The Patent Law in this country is relatively new. Regardless, that shouldn’t stop you from getting your invention a patent grant. Make sure to get the requirements and follow the rules on what you can patent to get that grant.
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If you need more help in your Myanmar patent application, you can contact us for free consulation. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and Myanmar patent application.
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