Friday, August 18, 2017

Registration of Patent in Myanmar

REQUISITE INFORMATION

1. Applicant: full name, address and nationality;
2. Inventor:  full name, address and nationality;
3. Priority data: filing number, date and country (if applicable);
4. International filing data: filing and publishing number (as to PCT patent applications).

REQUISITE DOCUMENTATION

1.Patent specification (including drawings, if any) in English;
2.Declaration of Ownership (as KENFOX form);
Declaration of Ownership needs to be signed and notarized. In the Declaration, the complete data of the Patent (including its registration number and the country if it 
has already been registered elsewhere) need to be mentioned.
3.Power of Attorney (as KENFOX form);
Power of Attorney needs to be signed and notarized. The signature and seal of the Notary in turn needs to be attested by Myanmar Embassy in the country concerned.

IMPORTANT NOTE

1.Registration approach

There is no practical position of protecting patents and design 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Designs Act 1945 was repealed in 1993.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.

2.Search

There is neither official search system nor private search system for patent 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 to now conduct patent search in Myanmar since patent caution is hardly
advertised in newspapers/ journals for publication in Myanmar jurisdiction.

3.Examination

There is no examination procedure for patent applications in Myanmar.
 

Login Form