The Myanmar Patent and Design Act was issued in 1995 but never came into effect. The law was subsequently repealed. The 1946 Patents and Designs (Emergencies Provisions) Act (Emergencies Act) remains on Myanmar’s statute books, although it is essentially defunct as its main purpose was to apply Indian Patents and Designs Act of 1911. Since the India Act was never listed in the Myanmar Codes, there is effectively no patent and design law in Myanmar. Meanwhile, the Attorney General Office under the assignment of the Government has already drafted the new Patent Law and Industrial Design Law in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the least, WIPO in 2001. In this interim period, patent/design may be registered under section 18(f) of the Registration Act.
2. Patentability Criteria:
A patent has to fulfill the following conditions in order to claim protection.
- it is new
- it involves an inventive step
- it is industrially applicable
An invention is not patentable if it contains the following:
- discoveries, scientific theories and mathematical methods,
- plant or animal varieties or essentially biological processes for the production of plant or animals,
- schemes, rules or methods for doing business, performing mental acts
3. Utility Solutions:
N/A in Myanmar
√ – WTO
√ – Paris Convention
X – Patent Cooperation Treaty (PCT)
5. Rule of Priority:
Priority claim is not yet available in Myanmar Registration system.
In Myanmar, the law does not enact the validity period of a patent registration. According to the established practice, renewal of registration is usually done once in every three-year by one of the following ways:-
- Renewal by re-registration in the form of Declaration
- Renewal by re-publication in the local daily newspapers or weekly journals
- Renewal by both re-registration and re-publication.