Bud & Prairie are profusely expert and experienced to advise and assist you with patent related matters.
As you may be aware, securing a patent in Myanmar involves several steps to ensure that your invention is legally protected. Here’s a general overview of the process:
- Understanding Patent Law in Myanmar
- Patent System: Myanmar has adopted a new patent law, the Myanmar Patent Law 2019, which is in line with international standards, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
- Types of Patents: In Myanmar, patents are granted for inventions that are new, involve an inventive step, and are industrially applicable. This can include products, processes, or new uses of known products.
- Preparing the Patent Application
- Documentation: The application typically requires a detailed description of the invention, claims defining the scope of the patent protection, drawings (if applicable), and an abstract.
- Language: The application must be submitted in Myanmar language, though English translations may be required or helpful for international coordination.
- Patent Search: Conducting a patent search prior to filing helps ensure that your invention is novel and has not already been patented in Myanmar or internationally.
- Filing the Patent Application
- Submitting the Application: The patent application is submitted to the Myanmar Intellectual Property Department (MIPD) under the Ministry of Commerce. As of the latest updates, the department is preparing for full implementation of the new patent system.
- Fees: Filing fees and other administrative fees are applicable. The exact amount depends on various factors such as the type of patent and the complexity of the application.
- Examination Process
- Formal Examination: The MIPD conducts a formal examination of the application to ensure it meets all the required formalities.
- Substantive Examination: A substantive examination assesses whether the invention meets the criteria of novelty, inventive step, and industrial applicability. This may involve communication between the applicant and the patent office to clarify or amend the application.
- Publication and Opposition
- Publication: Once the application passes the examination stages, it is published in the Official Gazette. This makes the details of the patent publicly available.
- Opposition: There is a period during which third parties can oppose the grant of the patent. If no opposition is filed, or if the opposition is resolved in favor of the applicant, the patent is granted.
- Granting the Patent
- Issuance of the Patent: If the application successfully passes all stages, a patent is granted, and the applicant receives a patent certificate.
- Validity: The patent is generally valid for 20 years from the filing date, provided that maintenance fees are paid regularly.
- Maintenance and Enforcement
- Maintenance Fees: To keep the patent in force, annual maintenance fees must be paid to the MIPD.
- Enforcement: The patent holder has the right to take legal action against any party that infringes on the patent. This may involve civil litigation in Myanmar’s courts.
- International Patent Protection
- PCT Application: If you seek protection beyond Myanmar, consider filing an international patent application under the Patent Cooperation Treaty (PCT), which Myanmar is a part of. This allows for streamlined patent filing in multiple countries.
- Seeking Professional Assistance
- Patent Attorneys: Given the complexities of patent law and the specifics of Myanmar’s legal system, it is advisable to work with a local patent attorney or IP law firm that is familiar with Myanmar’s patent process.
- IP Consultancy: Consulting with IP professionals can help ensure that your application is correctly filed and that your invention is adequately protected.
By following these steps and ensuring that all requirements are met, holders of patent rights can secure patent protection for their inventions in Myanmar.
For further information, please do not hesitate to contact us at bud-prairie@bud-prairie.com.