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1. Eligibility for Patent Protection in Myanmar

Patent Definition:

• Protection for inventions related to solving technical problems.
• Includes minor inventions (new product forms, structures, or parts).

Three Essential Requirements:

(i) Novelty:

• 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

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