Patent Oppositions and More Coming Into Effect 31 December 2025

Key Takeaways

Post-Grant Patent Opposition Begins 31 Dec 2025 – Malaysia’s long-awaited opposition system comes into effect, allowing patents and UICs to be challenged before the Registrar.
6-Month Opposition Window – Oppositions must be filed within six months from the publication date in the IP Official Journal — no extensions allowed.
Who Can File – Any interested party may oppose; non-residents must provide security for costs.
Grounds for Opposition – Limited to patentability and compliance issues, including novelty, inventiveness, and sufficiency of disclosure.
Registrar’s Powers Expanded – The Registrar may now amend, maintain, or revoke patents after review by an independent Opposition Committee.

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A Significant Milestone in Malaysian Patent Law

The 2022 amendments brought major procedural improvements to Malaysia’s patent system, including the introduction of third-party observations, restoration of priority rights, and expanded post-filing document access.

However, the much-anticipated provisions on post-grant patent opposition were deferred until now. With this new Notice, the patent opposition mechanism will officially be available from 31 December 2025.

This marks a significant development for Malaysia’s IP landscape, providing an administrative alternative for challenging granted patents or utility innovation certificates (UICs) directly before the Registrar of Patents, rather than resorting to court invalidation proceedings.

Overview of the New Patent Opposition Framework

Who May File an Opposition?

Any interested person may oppose a granted patent or UIC.
Non-residents of Malaysia must provide security for costs when filing an opposition.

When to File?

An opposition must be filed within six (06) months from the date of publication of the grant in the Intellectual Property Official Journal (IPOJ).
No extension of time is permitted for this deadline.

How to File?

Submit the prescribed form (Form 26 for patents / Form 26A for UICs) with the appropriate fee (MYR 2,500 / 1,500).
Provide a statement of grounds of opposition and supporting evidence by Statutory Declaration.
Currently, filings must be made manually at MyIPO; submissions received by 3.00 pm will be treated as filed on that day.

Grounds for Opposition

A patent or UIC may be opposed only on specific grounds, including:

The claimed invention is not patentable (not novel, inventive, or industrially applicable) (Sections 11, 14, 15 and 16).
The invention relates to non-patentable subject matter (Section 13 or Section 31(1) or fails to meet formal description or claim requirements.
Essential drawings required for understanding the invention were omitted.

Opposition Procedure

Once a Notice of Opposition is filed, the patent owner will be notified and invited to file a counterstatement within three (03) months.

Both the opponent and patent owner may then exchange evidence and written submissions. To ensure fairness, the Registrar may appoint an Opposition Committee comprising senior patent examiners (who were not involved in the patent’s prosecution) to review the case.

Following review, the Registrar may decide to:

Maintain the patent/UIC as granted;
Maintain it with amendments; or
Revoke the patent/UIC.

Either party may appeal the Registrar’s decision to the High Court within one (01) month from the date of the final decision.

Other Important Updates Effective 31 December 2025

In addition to patent opposition, the following updates will also take effect under the new Directive of Patents and Practice Notice:

Expanded public access to patent documents: Applicants may now obtain copies not only of patent/UIC specifications but also assignments, licensing documents, examination reports, and selected official correspondences.
Sequence listings: Must be submitted in both PDF and WIPO ST.26 XML format. Each page must be numbered (e.g. SL1, SL2, SL3…).
PCT national phase entry: Must include copies of the ISA/IPEA Written Opinion and any amendments made during the international phase, if available.
Divisional applications and e-filing: Additional clarifications provided on filing procedure and form availability.

Preparing for Change

Patent applicants and owners are encouraged to:

Anticipate potential third-party oppositions once the system comes into effect.
Ensure specifications and claims are robust and fully compliant with the Act and Regulations.
Review national phase entry documents and sequence listings to meet the updated requirements.

The introduction of patent opposition marks an exciting new chapter in Malaysia’s patent system, reinforcing procedural integrity, transparency, and stakeholder confidence in the nation’s growing innovation ecosystem.

For further questions or advice on how these changes may affect your applications or patent portfolio, please contact us at hello@kass.asia.