Understanding Patent Eligibility and Ineligibility in Myanmar: What Inventions Qualify for Protection?
1. Eligibility for Patent Protection in Myanmar
- Protection for inventions related to solving technical problems.
- Includes minor inventions (new product forms, structures, or parts).
Three Essential Requirements:
- Invention must not exist before application date.
- Not previously known or publicly disclosed worldwide.
(ii) Inventive Step:
Invention must not be obvious to experts in the field.
(iii) Industrial Applicability:
Invention must be producible or usable in an industrial enterprise.
2. Ineligibility for Patent Protection in Myanmar
Eight Subject Matters Not Eligible:
(i) Discoveries, Scientific Theories, Mathematical Calculations.
(ii) Systems, Rules, Methods for Business, Psychology, Games.
(iii) Pure Computer Programs without Technical Application.
(iv) Biological Production Processes for Plants/Animals.
(v) Plants, Organisms, DNA from Nature (except man-made).
(vi) Surgical, Treatment Methods for Humans/Animals.
(vii) Inventions Related to Known Objects, Chemical Products.
(viii) Inventions Detrimental to Morale, Health, Environment.
3. Timeline for Special Inventions:
- Pharmaceutical products/processes ineligible until 01 Jan 2033.
- According to WTO TRIPS Council policy.
By Nguyen Vu QUAN
Partner & IP Attorney