Patent in Myanmar
FILING INVENTIONS AND UTILITY SOLUTIONS IN MYANMAR
Please kindly provide Tran & Tran with following information
- Name, address and nationality of the applicant
- Name, address and nationality of the inventor
- Title of the invention/utility solution
- Country, application number and filing date of the original foreign application from which priority is claimed in case of priority application
- International filing number and publication number in case of PCT application.
Please kindly help fulfill following documents for filing process
- Special Power of Attorney (signed, notarized and duly legalized by the Myanmar Embassy)
- Signed and notarized Declaration of Ownership (using the form provided by Tran & Tran)
- Specifications of the invention/utility solution including the title, description, claims, abstract and drawings (if any)
- A copy of the original registration document.
Please kindly be reminded that
1. Registration approach
There is no practical position of protecting patents and designs per se in Myanmar although there has been the Science and Technology Development Law since 1994. The Ministry of Science and Technology was newly established in Myanmar as the focal point ministry, but, till now, there has not yet been Myanmar Patent Office. However, Burma Patents and Designs Act 1945 was repealed in 1993. At the present, the Office of the Attorney-General is drafting the bills on the IP laws in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the latest, WIPO in 2001. In this interim period, patent may be registered under section 18(f) of the Registration Act as an official record. A patent may be registered with the registry of Deeds and Assurances by means of Declaration of Ownership, which is a solemn statement of facts made by the patent owner and followed by Cautionary Notice. Publication of Cautionary Notice in a local designated newspaper based on registration is the sole process to remind the public for any possible passing-off and infringement of the right of patent ownership during the period of lack of promulgated law, rules and regulations involved.
There is neither official search system nor private search system for patents in Myanmar since Myanmar has no specific promulgated patent law and is still in the status of accomplishing redrafts on IP laws to be in compliance with TRIPS Agreement. Therefore, it is impossible now to conduct patent search in Myanmar since patent caution is hardly advertised in newspapers/ journals for publication in Myanmar jurisdiction.
There is no examination procedure for patent applications in Myanmar.