INTRODUCTION TO THE PATENT APPLICATION OF MYANMAR

1.      GENERAL INTRODUCTION TO THE PATENT ACT OF MYANMAR

The Burmese Patent Act was enacted in 1995, which has never entered into force. Actually, there’s no intellectual property law in Myanmar. The Ministry of Justice is entrusted by the Burmese government to draft a Patent Act in accordance with the intellectual property agreement. In the transitional period, the patents and designs can be registered according to the Registration Law.

Myanmar became a member of the World Trade Organization (WTO) in 2001. However, Myanmar is not a signatory of both the Patent Cooperation Treaty and the Paris Convention for the Protection of Industrial Property.

2.      TYPE OF PATENT AND APPLICATION PROCESS

The type of Pakistani patent comprises invention and design. In Myanmar, the duration of the invention and design are not stipulated in the law. Conventionally, the registration of the patent must be renewed every three years by the following way:

1.      Re-register through the declaration;

2.      Re-disclose through the local newspapers or periodicals;

3.      The combination of the above two.

2.1 Invention Patent

2.1.1 Concept and Description of the Invention Patent

The term “invention” refers to any new technical solution relating to a product, a process or an improvement thereof. “Product” refers to all kinds of new products manufactured by industrial methods, including items with a certain shape and structure, such as solid, liquid and gas. “Method” refers to the method of processing the raw materials into a variety of products.

To be patentable, a technology must have novelty, creativity and industrial applicability.

2.1.2 Application Process of an Invention Patent

2.1.3 Required Documents for Application

   A. Written description, written claim, written abstract, drawings of written description and drawing of abstract.

   B. Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).

   C. Name and address of the applicant, name and address of the inventor, etc.

   Notes: all of the documents must be submitted in Burmese or English.

2.2 Design Patent

2.2.1 Concept and Description of the Design Patent

The term “design” refers to any new design of a product’s shape, pattern or a combination thereof, as well as the combination of the color and the shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application.

2.2.2 Application Process of a Design Patent

2.2.3 Required Documents for Application

   A. Six-side views and three-dimensioned drawing;

   B. Brief description of design patent, including name of product, application and design features, etc.

   C. Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).

   D. Name and address of the applicant, name and address of the inventor, etc.

   Notes: all of the documents must be submitted in Burmese or English.