Using Malaysia’s New Post-Grant Patent Opposition Regime: Pintas’ Strategic Support for Patent Owners

Malaysia’s patent landscape will undergo a significant procedural shift with the implementation of post-grant patent opposition proceedings, effective 31 December 2025, following the coming into force of the Patents (Amendment) Regulations 2025, together with Intellectual Property Corporation of Malaysia (“MyIPO”)’s accompanying Directive (PT01-2025) and Practice Notice No. 1/2025.

This long-awaited development operationalises the post-grant opposition framework introduced under the Patents (Amendment) Act 2022, finally providing patent owners and businesses with an administrative mechanism to challenge newly granted patents, without immediately resorting to court invalidation proceedings.

Historically, parties seeking to invalidate a Malaysian patent had no practical option other than High Court litigation. While effective, court proceedings are often expensive, time-intensive, and commercially disruptive, particularly where a competitor’s patent is used to delay product launches, restrict market entry, or exert licensing pressure.

The new post-grant opposition regime introduces a front-end validity challenge administered by the Patent Registrar, allowing patent disputes to be addressed early and proportionately, while preserving the right of appeal to the courts where necessary.

For patent owners, this marks a meaningful shift towards strategic patent risk management, aligned with global practices.

In brief, the post-grant opposition framework provides:-

• Eligibility: Any “interested person” may file an opposition
• Strict timeline: Opposition must be filed within six (6) months from publication of grant
• Statutory grounds: Including lack of novelty, lack of inventive step, non-patentable subject matter, insufficiency of disclosure, and defective drawings
• Mandatory security for costs: Failure to furnish security may result in the opposition being rejected
• Structured procedure: Sequential exchange of evidence under the Registrar’s control
• Decision-making: The Registrar, assisted by an ad-hoc Opposition Committee, may maintain, amend, or invalidate the patent
• Appeal: Registrar’s decision is appealable to the High Court

This administrative pathway offers a faster and more cost-efficient alternative to immediate litigation, particularly where commercial timelines are critical.

Pintas’ Approach: Strategic Post-Grant Opposition for Patent Owners

As an boutique IP firm, Pintas assist patent owners to use the new regime to proactively shape the competitive landscape. Our post-grant opposition work emphasises:-

1. Strategic Claim-Attack Planning

We assess the competitor patent holistically by claim scope, prosecution history, technical vulnerabilities, and possible commercial impact, before determining whether opposition should aim for revocation, narrowing amendments, or settlement leverage.

2. Evidence-Driven Opposition

Successful opposition depends on how evidence is structured and deployed. Pintas coordinates technical inputs, prior art analysis, and statutory declarations to build a record that is both administratively persuasive and litigation-ready, should escalation become necessary.

3. Procedural Precision Under the New Framework

With mandatory security for costs, prescribed forms, and tightly regulated timelines, procedural missteps can be fatal. Pintas manages the opposition process end-to-end to ensure strict compliance with MyIPO’s requirements.

Pintas advises and represents patent owners and businesses on:-

• Post-grant opposition viability and vulnerability assessments;
• Strategic identification and framing of statutory grounds of opposition;
• Preparation of technical evidence and statutory declarations;
• Filing and prosecution of Notices of Opposition, including security for costs planning;
• Tactical management of opposition proceedings before the Registrar; and
• Commercial settlement strategy and High Court appeal support, where required.

At Pintas, we have extensive experience advising local and international clients on contentious patent matters across Malaysia and ASEAN. With the introduction of post-grant patent opposition in Malaysia, we are ready to support patent owners in challenging competitor patents strategically, efficiently, and decisively.

If you would like advice on filing or defending a post-grant opposition, assessing the vulnerability of a competitor’s patent, or aligning your patent strategy with the new regulatory framework, please contact Pintas to discuss how our post-grant patent opposition services can support your business objectives.