While the new Patents Law was passed on 11 March 2019, the effective date has not been announced. Consequently, new patent applications are yet to be accepted.
Meanwhile, the Myanmar Registration Office accepts patent applications on receipt of a Declaration of Ownership of Patent, based on a granted foreign patent. The Declarations of Ownership establish the rights of patent owners officially when it is registered with the registration office. This record can be retrieved anytime and used as evidence if there should be disputes.
Having no IP laws or legal requirements to file and examine applications, Myanmar patent owners are required to keep a record of proof and make the public aware of their ownership. As such, it is advisable to publish a cautionary notice in recognized local media, such as the Myanmar Times weekly journal, once the application is granted – and do the same every 3 years thereafter.
The required documents for filing a declaration of ownership of a patent in Myanmar are as follows:
- An original copy of a duly signed Declaration of Ownership of a Registered Patent in another jurisdiction
- A certified true copy of the granted patent (with the Grant Certificate)
- A certified true copy of an English translation of the grant patent (with the Grant Certificate), if the documents are not in English
- An original copy of an executed Power of Attorney. Do note that the Power of Attorney needs to be notarized and authenticated at the Burmese embassy or consulate.
It takes about 5 to 8 weeks for an application to be granted from its lodging date.