On 22nd October 2024, the Intellectual Property Agency (IPA) of Myanmar issued its Notification No. 2/2024 to announce the rates of the official fees in Myanmar Kyat (MMK) for patent and utility model (petty patent) matters under the Patent Law 2019. The official fees range from MMK500,000/ (around USD250) to MMK1,500,000 (around USD750). The official filing fees are MMK500,000 for the first 5 claims and the first 20 pages of description of application of patent. If the application has more than 5 claims, the official filing fee for each additional claim is MMK20,000. If the description of application consists of more than 20 pages, the additional official filing fee is MMK3,000 per page.
As the IPA has announced the rates of the official fees, applicants (both individuals and legal entities) can now file to register new patents and utility models with the IPD electronically, in person (directly or through a local representative), or by post. starting from on 31st October 2024.
To be patented, an invention must:
l Not have been disclosed to the public anywhere by any means before the filing date or priority date (if claimed);
l Involve an inventive step; and
l Be capable of use in industry.
As for utility model registration, the requirements are the same, except an inventive step is not necessary.
This milestone marks a pivotal moment for innovators and investors looking to protect their inventions in Myanmar. All stakeholders are encouraged to take advantage of the new opportunities for patent and utility model registration in Myanmar.
Nevertheless, Myanmar does not currently accept patents or utility models through the Patent Cooperation Treaty (PCT) route, and priority claims under the Paris Convention are also not yet accepted, as Myanmar’s ratification of these treaties is still pending. However, priority can be claimed based on applications from World Trade Organization (WTO) member countries within one year of the date of a prior application for that invention.
The key filing requirements for each patent and utility model application consist of the followings:
1) the official Application Form PT/UM-1, completed and signed by the applicant;
2) a description of the invention (its title, field of the invention, technical specifications, etc.);
3) a summary of the invention;
4) statements of claims;
5) drawings with brief descriptions;
6) name, address and nationality of the inventor(s);
7) written consent(s) of the inventor(s);
8) name, nationality, country of incorporation and address of the applicant;
9) name, national registration card number and address of the Myanmar representative (agent);
and 10) a copy of the first foreign application if the priority of the first application will be claimed.
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