Myanmar’s Patent Law takes effect: a new era for invention protection

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Myanmar’s Patent Law takes effect: a new era for invention protection

Sponsored by

tillekegibbins.png
fireworks-1822479 (1).jpg

As legislation reshaping Myanmar’s intellectual property landscape comes into force, Khin Myo Myo Aye and Yuwadee Thean-ngarm of Tilleke & Gibbins outline the key provisions and consider the implications for rights holders

Myanmar’s first dedicated patent legislation, the 2019 Patent Law, officially took effect on May 31 2024, marking a crucial step towards the successful administration of a comprehensive statutory framework for patent protection in Myanmar, aligning the country more closely with international intellectual property (IP) standards.

Official announcement and implementation

The State Administration Council formalised the law’s activation through Notification No. 106/2024, issued on June 1 2024. While the law is now in effect, full implementation is still on the horizon, and awaits further regulatory developments. Key among these are:

  • The announcement of the Patent Rules, which will delineate the specific requirements, official forms, and procedures for patent and utility model applications and registrations; and

  • The publication of official forms and fee schedules by the Intellectual Property Department for patent-related matters.

Once these additional components are in place, stakeholders will be able to initiate the process of patent registration in Myanmar.

Key provisions of the Patent Law

The Patent Law establishes clear criteria for patentable inventions. To qualify for protection, an invention must meet the following conditions:

  • Novelty – the invention must not have been disclosed to the public anywhere, by any means, prior to the filing date or priority date (if claimed);

  • Inventive step – the invention must involve an inventive step that would not be obvious to a person skilled in the relevant field; and

  • Industrial applicability – the invention must be capable of use in any industry.

These criteria align with international standards for patent protection, providing a solid foundation for inventors and companies seeking to protect their innovations in Myanmar.

Priority rights and international agreements

The new law incorporates provisions for priority rights, allowing applicants to claim priority within one year of filing an application with any World Trade Organization member country. This provision is particularly beneficial for international applicants seeking to extend their patent protection to Myanmar.

It is important to note that Myanmar has not yet ratified the Paris Convention for the Protection of Industrial Property or the Patent Cooperation Treaty. Consequently, priority rights under these agreements cannot currently be claimed. However, the Patent Law includes provisions related to these international agreements, which will become operational upon Myanmar’s ratification.

Implications for rights holders

The implementation of the Patent Law represents a significant shift in Myanmar’s approach to invention protection. Key points for rights holders to consider include:

  • Evaluation of portfolios – companies and inventors should begin assessing their invention portfolios to identify which innovations may benefit from protection under the new law.

  • Preparation for registration – while awaiting the final procedural announcements, stakeholders should prepare necessary documentation and strategies for patent applications.

  • End of previous practices – the new law supersedes previous recordation practices. Notably, recordation of inventions and renewals of patents recognised under the former system will no longer be accepted.

  • Statutory protection – rights holders can now claim statutory protection and exclusive rights for their inventions under the new Patent Law regime.

Looking ahead

The activation of Myanmar’s Patent Law marks a milestone in the country’s IP development. As Myanmar continues to refine its IP framework, businesses and inventors should stay informed about forthcoming announcements regarding the Patent Rules and official procedures.

This new era of patent protection in Myanmar presents both opportunities and challenges for rights holders. Proactive engagement with the new system will be crucial for those seeking to secure and enforce their patent rights in this emerging market.

more from across site and SHARED ros bottom lb

More from across our site

Firms explain the IP concerns that can arise amid attempts by brands to show off their ‘Canadianness’ to consumers
Counsel say they will be monitoring issues such as the placement of house marks, and how Mondelēz demonstrates a likelihood of confusion in its dispute with Aldi
The EUIPO expanding its mediation services and a new Riyadh office for Simmons & Simmons were also among the top talking points this week
David Boundy explains why Pierson Ferdinand provides a platform that will allow him to use administrative law to address IP concerns
Developments included an anti-anti-suit injunction being granted for the first time, and the court clarifying that it can adjudicate over alleged infringements that occurred before June 2023
Griffith Hack’s Amanda Stark, one of our ‘Top 250 Women in IP’, explains how peer support from male colleagues is crucial, and reveals why the life sciences sector is thriving
The case, which could offer clarity on the training of AI models within the context of copyright law, will go to trial in the UK next week
CMS IndusLaw co-founder Suneeth Katarki says he plans to hire a patent team in India and argues that IP should play a major role within full-service firms
Partners at the firm explain why they’ve seen more SEP cases at the ITC, and why they are comfortable recommending the forum to clients
The association, which will head to London in 2026, hosted its flagship event in the Californian city in 2005, 2015 and 2025
Gift this article