Myanmar will officially accept industrial design patent applications from February 1, 2024

With the implementation of the Myanmar Industrial Design Law on October 31, 2023, the Myanmar Intellectual Property Office will officially begin accepting industrial design patent applications from February 1, 2024. In line with this law, the Myanmar Ministry of Commerce established the patent application rules for designs in Myanmar on September 29, 2023.

Examination principle: novelty

• The design must be new and original. A design is novel if it has not been disclosed to the public, domestically or abroad, before the priority date/application date. It is not novel if it is a combination of known design features or if it is not significantly different from any existing design.

Requirements for submitting an application:

1. The applicant's name, address, company registration number and contact number.
2. If the applicant is not the designer, the name, address and nationality of the designer must be provided.
3. If the applicant is an individual, a copy of his/her personal identification card or passport is required.
4. The design image should be in black and white or color, with a size not exceeding 16cmx16cm.
5. The three-dimensional design must include 7 pictures with clear lines or perspective photos, including: front view, back view, top view, bottom view, left view and right view.
6. Each application is submitted through the online application system, and Myanmar IP accepts multiple designs under the same Locarno Classification.
7. Follow the product usage instructions of the Locarno classification.
8. Design description of no more than 100 words.
9. Power of attorney (ID-2 form), 1 copy, must be notarized.
10. If the applicant is different from the designer, a color scanned copy of the rights transfer agreement or ownership statement signed by the designer and the applicant must be provided.
11. If you claim priority for a foreign design application, you must submit a color scanned copy of the priority document.

Protection period and annual fee:

• Each design is valid for five years from the date of application and can be renewed twice, each time for five years. The renewal application can be submitted within six months before the expiration date. If the application is overdue, a late payment fee can be paid within a grace period of six months from the expiration date.

Recent developments in the application of industrial design patents in Myanmar provide design right holders with exclusive rights to control the unauthorized copying, sale and import of products bearing registered designs. In addition, design patents also provide the right holders with economic benefits in the form of licensing and/or assignment.