We are pleased to announce the introduction of post-grant opposition mechanism for patents in Malaysia, effective 31 December 2025. This marks a significant development in the Malaysian intellectual property landscape, allowing any interested party to challenge a granted patent before the Malaysian Intellectual Property Office (MyIPO).
Brief Procedure
In accordance with Section 55A(1) of the Malaysian Patents Act 1983, any interested person may file a Notice of Opposition with the MyIPO within six (6) months of the date of publication of the grant of a patent. The Notice must be accompanied with a statement on grounds for opposition and evidence in support of the statement in the form of a statutory declaration.
Grounds for opposition may include the following:
– The claimed invention is not patentable or does not qualify as an invention.
– The description or claims fail to meet statutory requirements.
– Necessary drawings have not been provided.
For non-resident opponents, a security for costs of RM 2,500 for patents or RM 1,500 for utility innovation certificates shall be provided at the time of filing the Notice of Opposition.
Within three (3) months from the date of service of the Notice of Opposition, the patent owner may file a counterstatement, including a statement to support the grant of the patent and to object the ground of opposition and evidence in support of the statement by way of a statutory declaration. The patent owner may also submit amendments to the patent, where necessary.
Both the patent owner and the opponent will be given opportunities to submit written arguments and supporting evidence before a decision is issued by the MyIPO. At the end of the opposition proceedings, the Registrar shall decide whether to:
- maintain the patent as granted,
- maintain the patent with amendments, or
- invalidate the patent.
If the MyIPO decides to maintain the grant of the patent with amendments, the amendment shall be deemed to have effect from the date of the grant of the patent.
Any aggrieved party may appeal the Registrar’s decision to the High Court.
Implications of Post-Grant Opposition
The implementation of post-grant opposition provides third parties, including competitors and generic manufacturers, with a strategic and cost-effective administrative pathway to challenge the validity of granted patents at an early stage. Unlike court-based invalidation proceedings—which can be lengthy, expensive, and resource-intensive—post-grant opposition allows interested parties to contest a patent’s validity before the Patent Office, often with lower costs and faster resolution. For generic manufacturers, this mechanism is particularly valuable, as it enables early assessment and challenge of patents that could otherwise block market entry. By addressing potential patent barriers upfront, companies can reduce legal uncertainty, streamline product development, and plan more confidently for timely product launches, ultimately accelerating access to markets and fostering healthy competition.
For patent owners, the existence of a post-grant opposition system offers distinct advantages by promoting early resolution of validity disputes in a more efficient and economical manner than litigation. Successfully defending a patent in opposition not only preserves its enforceability but also strengthens its perceived validity, enhancing the overall value of the patent portfolio. This process fosters greater market confidence, making patents more attractive for licensing, investment, and partnerships. Additionally, the opportunity to address and overcome challenges early on helps patent owners refine their IP strategies, deter frivolous disputes, and ultimately support innovation and sustainable business growth.
For further details or assistance regarding post-grant opposition, please do not hesitate to contact us at malaysia@ipsense.asia / + 603 7931 2327 (land line) / +6010 447 2328 (WhatsApp).
