Patent Ownership Rights in Employee Inventions under Myanmar Patent Law

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1. Default Ownership under Employment Contract (Section 17(a))

• Inventions created by an employee under the employment contract.
• Default ownership and patent application rights usually belong to the employer if:
• Invention falls within employee’s work duties.
• Invention was created using employer’s resources or facilities.

2. Exceptions to Default Ownership

If employment contract contains clauses stating otherwise:

• Employee retains right to apply for patent.
• Especially for inventions outside regular duties or using personal resources.

3. Employee’s Right to Apply for Patent if Employer Fails to Act (Section 17(b)) 

• Employee informs employer in writing upon completion of the invention.
• Employer has 6 months to apply for patent.
• If employer doesn’t apply within 6 months, employee gains right to apply for patent.

4. Inventions Made After Employment Contract Expiration (Section 17(c))

• Invention within 1 year after contract expiration in the same field.
• Initially, patent rights belong to the employer as if under the contract.
• Employee eligible if:
• Agreement in contract granting right to apply.
• Employer doesn’t apply for patent.
• Employer’s failure to apply within specified time. 

5. Employee’s Right to Patent Unassigned Inventions (Section 17(d))

• Invention related to employer’s work but not explicitly assigned.
• Using employer’s equipment, data, or technology.
• Employee eligible to apply for patent by default.
• Employment contract clauses may alter ownership (employer’s right to apply).

Related Articles:

• Filing a Patent Application in Myanmar – 10 noteworthy considerations
• Patent Registration and Protection in Myanmar
• Understanding Patent Eligibility and Ineligibility in Myanmar: What Inventions Qualify for Protection?