Patent search Myanmar

Myanmar, a country with a rich cultural history and tremendous untapped potential, has been progressively building a robust framework for patent and trademark protection. Understanding the intricacies of patent protection in Myanmar is essential for businesses and inventors seeking to secure their valuable assets in this emerging market. This article will take you on a captivating journey through the complexities of conducting a patent search in Myanmar, exploring the latest developments in the legal landscape, IP policy, and strategies for success. With engaging storytelling and a compelling narrative, we will provide you with the insights and tools needed to navigate the nuances of patent protection in the Golden Land.

Click Here for AI Startup Valuation Guide.

Recent Development

The Myanmar Intellectual Property Office (MIPO) has been actively working towards enhancing its patent and trademark framework, fostering a more efficient and transparent IP ecosystem. A significant recent development is Myanmar’s implementation of the new Trademark Law and the Industrial Design Law, which signifies the country’s commitment to modernizing its intellectual property regulations and aligning with international best practices.

Click Here for AI Startup Valuation Guide.

The Patent Search Process

Conducting a patent search in Myanmar requires a thorough understanding of the country’s unique legal framework and the effective use of its patent databases. MIPO is in the process of establishing comprehensive databases for patents, industrial designs, and trademarks. As the IP landscape in Myanmar continues to evolve, navigating these databases and interpreting the search results can be challenging for those unfamiliar with the Myanmar patent search and IP landscape and the relevant legal provisions.

To overcome these obstacles, it is essential to engage the services of a local patent attorney or a professional patent search firm with in-depth knowledge of the Myanmar patent search and IP system. These experts can guide you through the process, ensuring that your search is comprehensive and tailored to your specific needs.

Click Here for AI Startup Valuation Guide.

Patent law in Myanmar 

Under the Myanmar Patent Law, patentable inventions are original, innovative, and industrially useful. 

Non-patentable inventions include primarily biological processes for generating plants and animals different than artificially created living microorganisms and computer programs. discoveries, scientific ideas, and mathematical procedures. plans, regulations, and techniques for doing business; plant or animal varieties; methods for treating humans and animals and such diagnostic techniques; and inventions related to known mammalian species are non-patent.

Importantly, unless the Myanmar government states otherwise, the Patent Law exempts chemicals used in food, agricultural, and microbiological goods from patent protection until July 1, 2021, and pharmaceutical items from patent protection until January 1, 2033. 

Myanmar might claim priority under the Patent Cooperation Treaty or Paris Convention one year after the first application. Applications are published 18 months after submission unless a request for early publication is received, whereas requests for substantive examination must be presented within 36 months. The Directorate of Patents’ actions requires 60 days to respond.

The legislation requires patent license recordation and the Directorate of Patents to issue compulsory licenses. The new legislation also requires Myanmar residents to seek formal consent from the Directorate of Patents before filing for patents abroad. Petty last 10 years, whereas granted patents last 20 years. 

Click Here for AI Startup Valuation Guide.

Applications under the New Law of Myanmar 

The registrar may require the provision of a certified translation in either language for patent applications that are submitted in either English or Myanmar language. Applications must include the following information: the request for the issuance of the patent; the names, nationalities, or countries of incorporation, and addresses of the applicants; the names, nationalities, and addresses of the inventors; the name, national registration card number, and address of the representative or agent; and the patent specifications and drawings, a patent claim or claims; documents with priority, if any; and the request for an early release, if necessary.

A documented agreement attesting to the acceptance of all applicants is required if a joint application is signed by only one of the applicants. Additionally, if applicable, a disclosure statement regarding the source of genetic resources and prior informed consent regarding the use of traditional knowledge in the inventions being claimed must be submitted. The Intellectual Property Office and the Directorate of Patents may occasionally specify extra needed documents and information.

Click Here for AI Startup Valuation Guide.

Trademark in Myanmar 

The registration cost, official filing charge, and re-filing fee are all the same costs: MMK150,000 (about $75) per mark per class. By signing the official TM-2 Form, each trademark applicant from outside of Myanmar must designate a Myanmar-recognized trademark representative to manage their trademark registration and re-filing.

Click Here for AI Startup Valuation Guide.

A Successful IP Strategy in Myanmar

Developing a successful IP strategy in Myanmar requires a deep understanding of the local market, regulations, and enforcement mechanisms. This includes staying informed about the latest legal developments, such as the implementation of the new Trademark Law and the Industrial Design Law. Moreover, forging strong relationships with local partners and leveraging their expertise can be invaluable in navigating the complex Myanmar IP landscape.

Click Here for AI Startup Valuation Guide.

In Conclusion,

Patent search in Myanmar presents a unique set of opportunities and challenges for patent and trademark attorneys. By staying abreast of the latest legal developments and adopting a strategic approach, you can effectively navigate the complexities of Myanmar intellectual property protection, safeguarding your valuable assets in this vibrant and emerging market. With a captivating narrative and expert insights, this article provides the knowledge and tools necessary for success in the realm of Myanmar patents and trademarks.

Click Here for AI Startup Valuation Guide.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.