Patents |
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Myanmar |
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| (Asia Pacific) Firm Tilleke & Gibbins | |
| Which patent-related international treaty is your country is a member of? | Myanmar belongs to the following patent-related international treaties:
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| What kinds of protection is available for inventions? | Inventions protections available in Myanmar include:
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| What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Myanmar:
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| What are the documents and information required for filing a national patent application? | Required documents and information required for filing a national patent application in Myanmar include:
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| Is it possible to request early publication or a deferment of publication? | Yes. According to Section 32 of the Patent Law, the registrar will publish patent applications that meet the specifications, after 18 months from the date of the application, or on the requested date if early publication is requested, for any opposition. |
| Does the applicant have a provisional right upon the publication of an application? | Yes. According to Sections 33 and 34 of the Patent Law, applicants can submit an argument if an opposition is filed by a third party within 90 days from the date of publication. Further clarification is expected in subsequent rules and regulations. |
| When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Costa Rica at the following times:
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| Is it required to file a request for substantive examination? | Yes, it is required to file a request for substantive examination in Mynamar. According to Section 26(a) of the Patent Law, an applicant, after paying the prescribed fee, can request for substantive examination within 36 months from the date of application. |
| Is there a third-party opposition procedure upon publication or after grant? | Yes, there is a third-party opposition procedure upon publication or after grant in Myanmar. |
| What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | There is no precedent to identify the timeline for a straightforward application of a patent. Patent applications can be filed with the Intellectual Property Department ("IPD") after the Patent Law’s enforcement and the IPD starts accepting patent applications, depending on subsequent rules and regulations. |
| Is there any process for accelerated examination of application? | No, there is no process for accelerated examination of an application in Myanmar. |
| To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Myanmar. |
| Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in Myanmar. According to Section 48(b) of the Patent Law, there is a six-month grace period, starting from the expiration of the annual fee payment deadline, during which late payments will be accepted. The Patent Law does not include specific and detailed provisions about the conditions to be met for the late payment of annual fees. Further clarification is expected in subsequent rules and regulations. |
| What are the available enforcement methods in your country? | Available enforcement methods in Myanmar include:
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| Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | The Patent Law has yet to be enforced; subsequent rules, regulations, and guidelines will provide additional information and procedural details. At present, Myanmar has yet to enter international patent treaties such as the Paris Convention, the Patent Cooperation Treaty ("PCT"), and the Patent Law Treaty ("PLT"). According to the Patent Law, domestic or international applicants who wish to utilize the international registration system for a patent can file the application after Myanmar has become a member of the PCT. |
Patents
Myanmar belongs to the following patent-related international treaties:
- TRIPS
Inventions protections available in Myanmar include:
- Inventions
- Utility models
The following subject matter is excluded from patent protection in Myanmar:
- Methods of medical treatment or diagnosis
- Computer programs
- Business methods
Required documents and information required for filing a national patent application in Myanmar include:
- Others: Myanmar’s Patent Law (enacted on March 11, 2019, and yet to be enforced) does not include detailed information about the procedures, information, and documents relating to national patent applications. Subsequent rules and regulations are expected to provide additional information.
Yes. According to Section 32 of the Patent Law, the registrar will publish patent applications that meet the specifications, after 18 months from the date of the application, or on the requested date if early publication is requested, for any opposition.
Yes. According to Sections 33 and 34 of the Patent Law, applicants can submit an argument if an opposition is filed by a third party within 90 days from the date of publication. Further clarification is expected in subsequent rules and regulations.
It is possible to file voluntary amendments in Costa Rica at the following times:
- Other: According to Section 28(b) of the Patent Law, the applicant may amend an application, without exceeding the scope of description included in the primary patent application, before granting the patent.
Yes, it is required to file a request for substantive examination in Mynamar. According to Section 26(a) of the Patent Law, an applicant, after paying the prescribed fee, can request for substantive examination within 36 months from the date of application.
Yes, there is a third-party opposition procedure upon publication or after grant in Myanmar.
There is no precedent to identify the timeline for a straightforward application of a patent. Patent applications can be filed with the Intellectual Property Department ("IPD") after the Patent Law’s enforcement and the IPD starts accepting patent applications, depending on subsequent rules and regulations.
No, there is no process for accelerated examination of an application in Myanmar.
Yes, it is required to pay an annuity to maintain the validity of a patent in Myanmar.
Yes, late payment of an annuity is permissible in Myanmar.
According to Section 48(b) of the Patent Law, there is a six-month grace period, starting from the expiration of the annual fee payment deadline, during which late payments will be accepted. The Patent Law does not include specific and detailed provisions about the conditions to be met for the late payment of annual fees. Further clarification is expected in subsequent rules and regulations.
Available enforcement methods in Myanmar include:
- Civil enforcement
- Criminal enforcement
- Border measures
The Patent Law has yet to be enforced; subsequent rules, regulations, and guidelines will provide additional information and procedural details. At present, Myanmar has yet to enter international patent treaties such as the Paris Convention, the Patent Cooperation Treaty ("PCT"), and the Patent Law Treaty ("PLT"). According to the Patent Law, domestic or international applicants who wish to utilize the international registration system for a patent can file the application after Myanmar has become a member of the PCT.