Myanmar enforced the Patent Law and its Rules in 2024 to establish a modern patent system. Since then, the Intellectual Property Department (the “IPD”) under the Ministry of Commerce has issued several notifications and announcements to implement them. Most recently, in October 2025, the IPD issued two updates that clarify procedures for patent examination and annual fee payments. These announcements provide key highlights for applicants seeking patent and utility model protection in Myanmar.
1. Procedures for Patent Examination (Announcement 26/2025)
Myanmar is in the initial stage of implementing the patent system, and substantive examination can be carried out through two methods. Applicants must request substantive examination and pay the prescribed fee using Form PT-8 within 36 months from the filing date under the Patent Law. Applicants may choose one of the two examination methods that applies to their application and request substantive examination accordingly.
Method 1: Application Claiming Priority from Foreign Filing
Where an applicant has filed a patent application in a foreign country and claimed priority for the Myanmar patent application based on that foreign filing, the IPD will examine the Myanmar application with due consideration of the examination documents and evidence issued by the relevant foreign patent office in accordance with the Myanmar Patent Law and Rules.
Requirements:
- The applicant must file with the IPD by claiming priority for the same invention.
- Examination documents and evidence from the foreign patent office must be submitted in Myanmar or English language.
- Provide a Claim Correspondence Table if patent claims differ from the foreign granted claims (claims must not exceed the foreign scope).
Method 2: First Filing in Myanmar
Where a patent application is first filed in Myanmar without claiming priority from a foreign filing, the examination will be conducted by assigning the application to a foreign patent office that will cooperate with the Myanmar IPD.
Requirements:
- The application must first be filed with the Myanmar IPD, and the applicant shall pay the prescribed examination fee required by the foreign patent office that will examine in cooperation with the Myanmar IPD.
- Provide translations if requested by the Registrar (Myanmar ↔ English) and submit in the language accepted by the cooperating foreign office.
Note: For this method, where the application is submitted to a foreign patent office cooperating with the Myanmar IPD for substantive examination, a separate announcement will be issued accordingly.
2. Payment of Annual Fees (Announcement 22/2025)
The prescribed annual fees must be paid within six (6) months before the due date in accordance with Notification No. 2/2024 on setting forth service fees for patent or utility model registration and patent agent registration.
When Annual Fees Begin:
- For a patent application or a patent, the annual fee shall be paid starting from the third year, counting from the filing date of the application
- For a utility model application or a utility model, the annual fee shall be paid starting from the second year, counting from the filing date of the application
Late Payment:
In the case of late payment of the annual fee, a surcharge equal to 50% of the annual fee for the relevant year must be added.
Consequences of Non-Payment:
If the annual fee is not paid, the patent/utility model application or the patent/utility model shall lapse.
Key Takeaways:
- Choose examination method that applies to the application and prepares the necessary documentation accordingly.
- Ensure timely request for substantive examination within 36 months from the filing date and payment of prescribed fees.
- Keep track of annual fees (starting from year three for patents, year two for utility models) and pay within six months before the due date to avoid lapses or the 50% surcharge.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
