FILING GUIDANCE FOR PATENT REGISTRATION IN MYANMAR
A. REQUIRED INFORMATION
1. Name, address and nationality of the applicant;
2. Name, address and nationality of the inventor;
3. Title of the invention;
4. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);
5. International filing number and filing date (in case of PCT applications).
B. REQUIRED DOCUMENTS
1. Declaration of Ownership (signed only); the Declaration should contain complete data of the Patent, including title of invention, its registration number and the country if it has already been registered elsewhere (e.g., US Application No.), and information on patent owner and inventors;
2. Special Power of Attorney in the name of applicant (signed, notarized and duly legalized by the Myanmar Embassy);
3. Specification;
4. A copy of the original registration document.
Note: the person who signs in the Declaration of Ownership and the Special Power of Attorney in the name of applicant must be the same.
C. GENERAL INFORMATION
Burma Patents and Designs Act 1945 was repealed in 1993. The Office of the Attorney-General has redrafted on the IP laws inclusive of the designs law in compliance with the TRIPS Agreement due to the fact that Myanmar is a member of WTO, ASEAN, and at the latest, WIPO in 2002. The new laws of design and patent are yet to be promulgated up to this time.
In this interim period, patent/design may be registered under section 18(f) of the Registration Act 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. Publication of cautionary notice in a local designated journal or newspaper based on registration is the sole process to remind the public for any possible passing-off and infringement of the right of patent/design ownership during the period of lack of promulgated law, rules and regulations involved. Thus, design/patent application can be registered in Myanmar by means of Declaration of Ownership and followed by Cautionary Notice in a local designated journal or newspaper based on such registration. It is not required to pay maintenance fees or annuities.