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Malaysia Introduces Post-Grant Patent Opposition – Patents (Amendment) Regulations 2025 Effective from 31 December 2025
For many years, Malaysia’s patent framework lacked a practical avenue for third parties to challenge the validity of a patent soon after it was granted. Although the Patents (Amendment) Act 2022 laid the legislative groundwork for post-grant opposition proceedings, the absence of accompanying procedural regulations meant that the mechanism could not be implemented. Consequently, parties wishing to contest a patent were left with only one option, initiating court proceedings, a route that is typically more costly, time-consuming, and burdensome compared to administrative opposition systems available in other developed jurisdictions.
The Minister has officially designated 31 December 2025 as the commencement date for the patent opposition provisions, together with the Patents (Amendment) Regulations 2025, which provide the detailed procedural framework for conducting opposition proceedings. This development represents a significant leap forward in modernising Malaysia’s patent system and enhancing the mechanisms available to safeguard patent quality.
Key Changes Under the Amended Patent Regulations
The amendments introduce a structured post-grant opposition mechanism administered by the Registrar, providing a parallel avenue to court invalidation proceedings.
Below is an overview of the most notable changes:-
| NO. | AREA | PRE-AMENDMENT | POST-AMENDMENT |
|---|---|---|---|
| 1. | Post Grant Opposition Mechanism | N/A | Formal opposition system introduced; challenge allowed within six (6) months of patent grant |
| 2. | Grounds of opposition | N/A | Limited to statutory grounds (novelty, inventive step, sufficiency, drawings) |
| 3. | Filing requirements | N/A | Notice of opposition with grounds + statutory declaration evidence + security for costs |
| 4. | Security for costs | N/A | Mandatory security deposit required by opponent |
| 5. | Counterstatement period | N/A | Patent owner must file within three (3) months, with supporting evidence |
| 6. | Amendment during opposition | Amendment requests independent of opposition | Patent owners may amend only to address opposition issues, within prescribed periods |
| 7. | Evidence stages | N/A | Sequential evidence exchange (opponent → owner → reply → possible further evidence with leave) |
| 8. | Ad-hoc opposition committee | None | Advisory committee assists Registrar in decision-making |
| 9. | Decision by Registrar | Court invalidation only | Registrar may maintain, amend or invalidate granted patent |
| 10. | Appeals | Court invalidation only | Appeal Registrar’s opposition decision to High Court |
| 11. | Costs | Only court-based | Registrar may award costs; security may be applied |
Malaysia now joins major innovation jurisdictions with post-grant opposition systems, including:-
| NO. | JURISDICTIONS | OPPOSITION MECHANISM |
|---|---|---|
| 1. | European Patent Office (EPO) | Central post-grant opposition within 9 months |
| 2. | India | Pre-grant and post-grant opposition available |
| 3. | 中国 | Administrative invalidation before CNIPA |
| 4. | United States | Post-grant review & inter partes review |
The activation of the patent opposition regime marks a transformational development in Malaysia’s patent landscape. By enabling an administrative challenge process shortly after grant, the legislative and regulatory amendments promote a more robust, transparent, and competitive IP environment.
This evolution not only protects genuine innovators but also curbs low-quality patents that could stifle competition and innovation. With this reform, Malaysia steps closer to global best practice, reflecting its ambition to be a credible innovation and IP jurisdiction within ASEAN and beyond.
Patent owners, applicants, and R&D-driven businesses should now review their internal processes, monitor newly granted patents, and prepare for potential opposition proceedings from 31 December 2025.
At Pintas IP Group, we have extensive experience advising local and international clients on contentious and strategic patent matters across ASEAN and major global jurisdictions.
If you require assistance in navigating these changes, preparing for the commencement of the new opposition system, or safeguarding your patent rights in Malaysia and ASEAN, please feel free to contact our team. We are ready to support you in ensuring that your IP assets remain protected and commercially strong in this evolving regulatory landscape. Act promptly to secure a complimentary consultation session.