Burma (Myanmar) Patent Law
Burma/Myanmar reached an important milestone for patent protection in May 2024, which should help U.S. rights holders and foster innovation. On June 1, 2024, the State Administration Council (SAC) issued Notification No. 106/2024, which finally announced the enactment of the country’s new Patent Law, effective May 31, 2024. This notification was long anticipated. The Myanmar/Burma Patent Law No. 7/2019 was enacted by Myanmar’s Parliament, the Assembly of the Union, on March 11, 2019.
Under the new law, patent registration requires meeting three criteria: novelty, inventive step, and industrial applicability. The novelty requirement, internationally recognized, mandates that the invention must not have been disclosed before the filing date in Myanmar or a priority claim, including any form of disclosure. In the context of intellectual property rights, including patent rights, it is incumbent upon rights holders to undertake the registration, protection, and enforcement of their rights as applicable, engaging their own legal counsel and advisors for guidance. The inventive step and industrial applicability are similar to international patent standards.
A patent previously recorded as a Declaration of Ownership “DOO” cannot be re-registered under the Patent Law due to lack of novelty. Rights holders can claim statutory protection and secure exclusive rights under the new regime.
The government anticipates opening the patent application filing process in late 2024, subject to the release of Patent Rules, delineating application requirements, official forms, fees, and procedures for patents and utility models.
Rights owners keen on safeguarding their inventions in Myanmar/Burma should initiate portfolio evaluations to prepare for applying to register their inventions upon the issuance of the remaining necessary announcements. Companies are advised to seek assistance from local attorneys or intellectual property consultants well-versed in Burmese law for tailored advice and support.
Before doing business in Burma, please visit our Burma office page for the latest updates on sanctions, export controls and the investment climate for Burma.
For more information, contact the U.S. Commercial Service in Burma at office.burma@trade.gov