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In the realm of intellectual property protection, patents stand as a cornerstone for innovation-driven endeavors. Myanmar's patent system, aligned with international standards, encompasses provisions concerning the term of patents and the payment of annual fees. These aspects play a vital role in maintaining the exclusivity and value of patents. This article delves into the key elements surrounding patent term duration, annual fees, and their implications. Relevant examples will illustrate the importance of strategic management within Myanmar's patent landscape.

The Duration of Patent Protection

The journey of patent protection in Myanmar commences with the submission of a patent application, and it unfolds over a defined period. The term of a patent in Myanmar extends for a span of 20 years, commencing from the date of submission of the patent application. This ensures that inventors and patentees have a substantial timeframe to enjoy the exclusive rights granted by a patent.

Example: Sarah submits a patent application for an innovative agricultural technology on January 1, 2023. If her patent is granted, the protection will endure until January 1, 2043, offering her two decades of safeguarded exclusivity.

Annual Fees: Ensuring Sustained Protection

Sustaining patent protection beyond the initial grant involves the payment of annual fees, a critical element in maintaining the validity and enforcement of patents. These fees contribute to the continuation of patent rights and ensure that the patentee remains entitled to the exclusive privileges granted by the patent.

The payment of annual fees is orchestrated in a structured manner:

• A prescribed fee must be settled within 06 (six) months preceding the annual fee's due date.
• For delayed payments, a grace period of 06 (six) months is granted, commencing from the day following the expiration of the payment period. During this grace period, the patentee must remit the prescribed annual fee along with any applicable overdue penalties.

Example: James, a patentee, successfully secures a patent for a novel medical device. He ensures timely payment of his annual fees, paying the prescribed amount within the stipulated six-month window prior to each due date. This consistent action allows James to continue enjoying the protection and privileges conferred by his patent.

Registrar's Role and Management of Late Payments

The Registrar of Myanmar's patent system assumes a pivotal role in overseeing the payment of annual fees and maintaining the integrity of the patent registry.

• Payment of annual fees is meticulously recorded in the registration records, affirming the patent's active status.
• Failure to fulfill annual fee obligations within the grace period of 06 (six) months can lead to the cancellation of the patent or patent application.
• In specific cases, where non-payment does not infringe upon the rights of others, the Registrar may uphold a cancelled patent for up to one year, maintaining a balance between patentee rights and public interests.
• A cancelled patent or patent application is registered and publicly announced in accordance with prescribed procedures.

Example: Lisa, a diligent patentee, inadvertently misses the deadline for annual fee payment. Recognizing her oversight within the six-month grace period, she promptly pays the overdue fee along with the penalties. The Registrar acknowledges her timely action and ensures her patent's continued validity.

Reclaiming Rights and Strategic Management 

In instances where an applicant or patentee surpasses the deadline prescribed in section 48, a path for rectification exists. By adhering to the requirements specified in section 31, the applicant or patentee can apply to the Registrar for the re-grant of rights. This mechanism emphasizes the importance of strategic management and proactive engagement to safeguard patent rights effectively.

A bottom line

Navigating the intricacies of patent term duration and annual fee management in Myanmar requires astute understanding and strategic action. By grasping these aspects and adhering to the stipulated timelines, patentees and applicants can ensure the sustained protection of their innovative creations within Myanmar's dynamic patent landscape.

By Nguyen Vu QUAN

Partner & IP Attorney

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