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Under the name "Pyidaungsu
Hluttaw Law No. 7/2019", the Union Parliament of Myanmar has passed the first specialised patent law in the country's
history on 11 March 2019. Similar to the recently enacted laws for trade marks
and designs, the patent law has not been implemented yet. The law will come
into force upon a Presidential Notification at a later stage.
Some of the most
notable features of the law include the following:
- Introduction of both patents and utility models
- Term: 20 years from filing date for patents and
10 years from filing date for petty patents.
- Requirements for patentability: novelty,
inventive step and industrial applicability for patents; petty patents do not have to fulfill the
requirements for inventive step.
- Filing in English and Burmese possible;
certified translation in the other language required upon request of the
- Priority claim based on Paris Convention
- Publication of applications after 18 months
- Substantive examination upon request from applicant
within 36 months from filing.
- Protection of pharmaceutical products not
possible (exemption for least developed countries until 1 January 2033).
For further details on
this law, please refer to the website of the EU South East Asia IPR Helpdesk
(link to article published by Tilleke&Gibbins).