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Malaysia's patent landscape underwent a fundamental shift on 31 December 2025 with the introduction of post-grant opposition proceedings under the Patents (Amendment) Regulations 2025, which offers patent challengers a cost-effective alternative to High Court litigation.
Any interested person may now file a notice of opposition within six months from the date of publication of a patent grant. The term "interested person" is broadly construed and includes competitors, potential licensees, or parties who believe they may be affected by the patent. Failure to file within this statutory period forecloses the opposition remedy, leaving only High Court invalidation proceedings available under section 56 of the Patents Act.
Section 55A permits opposition on any ground upon which a patent may be invalidated under section 56(2)(a), (b), or (c) of the Patents Act, including lack of novelty or inventive step, insufficiency of disclosure, unsupported claim scope, and exclusion from patentable subject matter. The opponent bears the evidentiary burden of establishing the asserted grounds.
A notice of opposition must be filed in the prescribed form with payment of RM2,500 for patents (RM1,500 for utility innovation certificates). The notice must contain a statement identifying the grounds of opposition, the factual basis supporting those grounds, and the relief requested. Supporting evidence must be submitted by statutory declaration.
Critically, non-resident opponents must also provide security for costs pursuant to subsection 55A(2) of the Patents Act concurrent with filing.
Additional grounds of opposition may be filed within the six-month statutory period upon payment of RM350, subject to the same evidentiary requirements as the initial notice.
Upon receipt of a compliant notice, the Registrar serves a copy on the patent owner, who has three months to file a counter statement. The counter statement must include a supporting statement defending the patent grant and rebutting the opposition grounds, accompanied by evidence via statutory declaration.
Patent owners may file a request to amend the patent concurrently with the counter statement, subject to the constraints of subsection 79A(2) of the Patents Act. Where multiple oppositions are filed, only a single amendment request addressing all oppositions may be submitted.
The opponent then has three months to file evidence in reply and respond to any proposed amendments. Either party may seek leave to submit further evidence, though such applications are subject to the Registrar's discretion and will not be entertained after written submissions are requested.
The Registrar may direct both parties to file written submissions, typically within three months. Written submissions are confined to arguments based on previously filed evidence; no new evidence may be introduced at this stage.
An ad hoc opposition committee may assist the Register in evaluating the evidence and submissions and provide a recommendation to the Registrar on whether to maintain the patent, maintain it with amendments, or invalidate it.
Where invalidation is recommended, the patent owner receives a final opportunity to propose amendments within the scope specified by the Registrar.Such amendments must be requested within two months with no possibility of extension. The committee then issues a supplemental recommendation considering the proposed amendments before the Registrar renders a final decision.
The Registrar may award costs to the prevailing party, provided costs were claimed in the initial filings. If the patent owner succeeds but the opponent fails to pay awarded costs within one month, the patent owner may request that the Registrar claim the security for costs as payment. Any shortfall may be pursued through the High Court under subsection 80(3) of the Patents Act.
The Registrar's decision is appealable by either party to the High Court within one month of the Registrar’s decision.
The opposition mechanism offers significant practical advantages relative to High Court litigation. Prescribed fees are substantially lower, timelines are more predictable, and the technical expertise resident in MyIPO and the ad hoc opposition committee may provide more informed adjudication of validity questions than generalist tribunals.
The six-month filing deadline is absolute and demands vigilant monitoring of patent grants in relevant technology sectors. Patent owners should maintain comprehensive prosecution files anticipating potential challenges, whilst interested parties must act promptly upon publication of potentially problematic grants.
Several additional procedural updates also took effect on 31 December2025, including:
· Expanded prosecution history documents available for public inspection, including responses to examiner reports made by the application and requests by the applicant to amend a patent application.
· PCT national phase entry must include any amendments made during the international phase and the written opinion.
· Sequence listings must be submitted in PDF and WIPO ST26 format. The number of each sheet of the sequence listing submitted in the PDF must begin with SL followed by the page number (e.g., SL1, SL2, SL3, etc.).
Voyage IP offers comprehensive support for clients navigating Malaysia's new opposition regime, including proactive patent monitoring, rapid threat assessment, and strategic counsel. With a regional platform spanning ASEAN and Hong Kong jurisdictions, we can align Malaysian opposition strategy with wider portfolio objectives and work seamlessly with in-house teams and international counsel.
Should you require any assistance or clarification concerning Malaysia’s post-grant opposition proceedings, please feel free to contact us.
Malaysia's post-grant opposition system represents a substantial enhancement to the Malaysian patent framework and aligns Malaysian practice with established opposition procedures in China, the European Patent Office, the United States and other major jurisdictions. The system provides a viable administrative alternative to judicial invalidity proceedings for the first time in Malaysian patent law.
