Malaysia’s New Patent Landscape: What Business Owners Need to Know Now

If your business relies on patents, a significant shift in Malaysia’s legal framework is now in effect as of 31 December 2025. The Patents (Amendment) Regulations 2025 introduce a new administrative system for challenging patents, altering the strategic landscape for both patent owners and their competitors.

For business leaders, understanding this change is crucial for protecting market share and research and development (R&D) investments. Here is what you need to know.

1. The Core Change: A New Administrative Challenge Mechanism

The most significant reform is the introduction of a post-grant opposition process. Previously, the main route to challenge a granted patent’s validity was through court invalidation proceedings, a process that can be costly and time-consuming. The new system provides an alternative: an administrative challenge heard directly by the Registrar of Patents at MyIPO.

What this means for you:

• For Patent Owners:Your granted patents now face an additional early-stage challenge mechanism during a six-month post-publication opposition window. Any “interested person” (such as a competitor) can file an opposition within six months from the date the grant is published in the IP Official Journal. Crucially, this deadline is non-extendable.
• For Competitors:You have a new, potentially faster and more cost-effective tool to clear a path to market. However, you must act quickly. The six-month window requires active and systematic monitoring of newly published patents.

2. The Opposition Process at a Glance

The process is structured as an administrative inter partes procedure based largely on written filings and evidence:

• Initiation:The opponent files a Notice of Opposition, setting out the grounds and supporting evidence via a Statutory Declaration.
• Defence: The patent owner then has three months from the Registrar’s issuance of the notice of opposition to file a Counterstatement defending the patent. A key strategic option for owners at this stage is to file a request to amend the patent to address the issues raised.
• Reply:The opponent gets a final three months to file evidence in reply.
• Decision:An Ad Hoc Opposition Committee may assist the Registrar, who will then decide to maintain the patent, maintain it with amendments or revoke it entirely. Any decision can be appealed to the High Court.

3. Key Procedural and Financial Details

The new system comes with specific requirements that demand attention.

• Grounds for Opposition:Challenges are limited to specific statutory grounds, primarily focused on patentability (novelty, inventive step), sufficiency of disclosure, and missing essential drawings.
• Security for Costs:If the opposing interested person is not a resident of Malaysia, they must provide a mandatory security for costs at the time of filing. The prescribed amount is RM 2,500 for a patent opposition.
• Filing Method:At present, opposition-related filings are not handled through the online portal. They must be filed physically, either by hand delivery or by post. For hand-delivered filings, submissions received after 3:00 PM are deemed filed on the next working day. This logistical detail is critical for meeting the non-extendable six-month deadline.

4. Greater Transparency of Patent Filings

The reforms also expand the scope of public inspection under Section 34 of the Patents Act 1983. Once a patent application is published, members of the public may inspect a broader range of documents than was previously available. This now includes search and examination reports, as well as certain communications from the applicant to the Patent Registration Office as determined by the Registrar.

Note: Before the expiry of 18 months from the filing date or priority date, inspection of these documents generally requires the applicant’s written permission unless the applicant has requested early publication.

Why this matters:

• For Your Own Applications:The arguments you make and amendments you file during prosecution will be on the public record (subject to the pre-18-month limitations) and could be scrutinised by competitors in a future opposition.
• For Assessing Competitors:You gain valuable insight into the prosecution history of your rivals’ patents, allowing you to assess their true strength and identify potential weaknesses early on.

Your Action Plan for the New Regime

The new system is now live. To navigate this more adversarial environment, consider taking these steps immediately:

1. Monitor Your Market: If you are concerned about a competitor’s patent, you must begin systematic monitoring of the MyIPO Official Journal. Missing the six-month opposition window forfeits the most efficient challenge mechanism.
2. Audit Your Portfolio: Review your recently granted Malaysian patents. If the grant was published within the last six months, you are still within the opposition window. Be prepared to defend your rights.
3. Review Drafting Standards: With prosecution documents now subject to broader public inspection (once the application is published), ensure your patent applications are drafted with precision and foresight, anticipating future scrutiny.

The 2025 reforms modernise Malaysia’s patent system, aligning it with international practices that prioritise quality and transparency. For businesses, this means a more robust and predictable system, but only for those who understand and proactively manage the new rules.

This article is written by

Azarith Sofia Aziz
Principal Associate, Low & Partners