How to Oppose a Patent in Malaysia: A Simple Guide for Entrepreneurs
- IP Gennesis
- 1 day ago
- 7 min read
Malaysia is introducing a brand-new patent opposition procedure, and it will impact anyone involved in technology, products, or innovation.
As we enter a new year, Malaysia will roll out a major change to its patent registration system. Starting 31 December 2025, the country will officially introduce a patent opposition process. This is one of the biggest upgrades to Malaysia’s Intellectual Property framework in years.
This new procedure affects:
• Startups and SMEs
• Inventors and product developers
• Manufacturers and importers
• Competitors in any tech-driven or fast-moving industry
If your business launches new products, uses technology, or competes in tight markets, it’s important to understand how opposing a patent works, and how it may protect you from future risks like patent disputes or infringement claims.
What This Article Covers (Simple Overview)
Here’s what you will learn about Malaysia’s upcoming patent opposition system.
What patent opposition means
Who can oppose a patent application
When an opposition can be filed
Legal grounds used to challenge a patent
A step-by-step explanation of the process
What entrepreneurs and inventors should do now
Let’s dive in.
What Is Patent Opposition?
Patent opposition is a process that lets you stop a patent application from being registered.
In simple terms, patent opposition allows any interested person to challenge a patent registration. If the opposition succeeds, the applicant loses their exclusive rights, meaning the invention becomes free for everyone to use, distribute, or commercialise.
Before this new procedure, the only way to attack a patent registration in Malaysia was through a Court action under Section 56 of the Patents Act 1983, which is perceived to be tedious and expensive.
With the introduction of the new opposition system under the Patents (Amendment) Act 2022 and Patents (Amendment) Regulations 2025, you can now challenge a patent directly at the Malaysian Patent Office.
This new mechanism is found under Section 55A of the Patents Act.
💡 Practical takeaway:
If you spot a competitor’s patent application that looks too broad, overlaps with your product, or contains questionable novelty, the opposition route gives you a cheaper and faster way to stop it before it becomes a legal threat.
Who Can File a Patent Opposition in Malaysia?
Under Section 55A of the Patents Act, any interested person may file a patent opposition. The law does not require you to prove you are an “aggrieved” party as required by invalidation of patent under Section 56 of the Patents Act, possibly making the threshold lower than a Court invalidation case.
However, the term “interested person” is not clearly defined in the Act. How broad or narrow this category will be interpreted depends on future practice and decisions by the Patent Office.
In this case, if a patent registration could block your product, affect your market, or threaten your freedom to operate, you likely qualify as an “interested person” and can oppose it.
When Can You File a Patent Opposition?
Under the Malaysia’s new patent system, you can file a notice of patent opposition within six months from the publication date of the patent grant. This six-month window is strict.
According to Regulation 43A(3) of the Patents Regulations, the Patent Office will not entertain any opposition filed after the 6-month deadline.
You should monitor patents early
Waiting until the patent is granted is risky. A smarter approach is to:
Track your competitors’ patent applications
Set alerts for new publications
Review early for novelty or technical concerns
This gives you more time to prepare if you choose to oppose. Because preparing an opposition often requires technical reports, prior art searches, and sometimes expert evidence, it is not something you can do at the last minute.
Grounds for Opposition: What Can You Challenge?
A patent opposition must be based on valid legal grounds. In Malaysia, these grounds follow Section 56(2)(a)–(c) of the Patents Act 1983, which mirror the requirements for patent registration.
Here are examples of the main grounds:
1. Lack of Novelty (Section 14 of the Patents Act)
The invention is not new. This can happen if:
Someone else invented it earlier
The invention was already published
It was sold or publicly used before the filing date
2. Lack of Inventive Step (Section 15 of the Patents Act)
The invention is obvious to a “person skilled in the art”.
In other words, the technical advancement between the invention and existing technology are too small to deserve a patent.
3. Non-Patentable Subject Matter (Section 13 of the Patents Act)
The invention falls into a category that Malaysia does not allow patents for, such as, discoveries, scientific theories, methods of treatment and business methods.
Step-by-Step Process: How Patent Opposition Works in Malaysia
The patent opposition process moves through several structured stages handled by the Malaysian Patent Office.
Below is the entire process in a clean, easy-to-follow breakdown.
1. Filing the Notice of Opposition
A patent opposition officially begins when the Opponent files a Notice of Opposition with evidence.
To start opposing a patent, the Opponent must file:
A Notice of Opposition
The grounds of opposition
Supporting evidence (via statutory declaration)
This must be done within six (6) months from the date the patent grant is published in the Intellectual Property Official Journal.
Key requirements - Security for costs:
If the Opponent is not a Malaysian resident, they must provide security for costs under Section 55A of the Patents Act. If not provided, the Patent Office will not entertain the opposition, pursuant to Section 43A(3)(b) of the Patents Regulations.
Also, you cannot oppose a patent if it is already the subject of Court proceedings.
Once everything is complete, the Registrar sends a copy of the Notice of Opposition to the patent owner.
This step is governed by Sections 43A to 43D of the Patents Regulations 1986.
2. Patent Owner Files a Counterstatement
From the date of issuance of the Notice of Opposition, the patent owner has three months to defend the patent and respond to the opposition.
The patent owner must file a:
Counterstatement (explaining why the patent should remain registered and to object the ground of opposition)
Supporting evidence via statutory declaration
What happens if the patent owner misses the deadline?
If no Counterstatement is filed, the patent owner cannot take part in the opposition, and the Registrar may decide the case based solely on the Opponent’s Notice of Opposition
This step is governed by Section 43E of the Patents Regulations 1986.
3. Opponent Files Evidence in Reply
After the patent owner’s Counterstatement is accepted, the Registrar sends it to the Opponent. The Opponent then has 3 months to submit Evidence in Reply, via statutory declaration.
However, this evidence must respond only to issues raised by the patent owner. The Opponent cannot introduce new grounds.
This is governed by Section 43H of the Patents Regulations 1986.
4. Written Submissions
The Registrar may ask both sides to provide written submissions which may include legal and technical arguments within 3 months from the date of issuance of the notice.
These submissions summarise each party’s position based on the documents already filed, and shall not contain new evidence
5. Review and Decision by the Registrar
Lastly, the Patent Office reviews all documents and decides whether the patent should stand or be amended.
The Registrar may appoint an ad hoc Opposition Committee to give recommendation to the Registrar in making decision.
The Registrar shall then decide whether to:-
Maintain the patent
Maintain the patent with amendments
Invalidate the patent
The steps above are a simplified overview. For full procedural details (including forms, timelines, and evidentiary rules), refer to Sections 43A–43U of the Patent Regulations.
Common Scenarios When Businesses Use Patent Opposition
Patent opposition is a practical tool to protect your freedom to operate and avoid costly disputes later.
There are several real-life situations where a business may decide to oppose a patent application or patent registration
Scenario 1: A Competitor Files a Very Broad Patent
If a competitor attempts to register a broad patent that overlaps with your product line, you can file a patent opposition to stop them before they gain exclusivity.
This is common in industries like software, electronics, consumer products, and medical devices.
Scenario 2: You Believe the Applicant Copied or Wrongfully Claimed Your Technology
If the invention is not truly theirs, or if it looks suspiciously similar to your R&D, opposition gives you an opportunity to challenge it.
Scenario 3: You Want to Prevent Patents That Harm Public Access
Some industries (healthcare, essential technologies, environmental solutions) may choose to oppose patents that harm public interest or restrict access to important innovations.
As we can see above, patent opposition is not just defensive, it is also a strategic business tool to shape your competitive landscape.
How Businesses Should Prepare Now
Taking early steps helps you avoid last-minute panic when a problematic patent appears.
Below is your simple, practical checklist:
Set Up Patent Monitoring Alerts
Keep track of Intellectual Property activity in your industry. Monitoring helps you spot risky patent applications early — long before they become enforceable.
Review Your Own Patent Filings
Make sure your patent claims are, well supported, technically accurate, clear and complete Strong filings reduce your risk of future patent invalidation or opposition from others.
Engage a Patent Agent Early
Opposition procedures are technical. A qualified Malaysian patent agent can help with:
Analysing the patent
Preparing expert declarations
Navigating strict deadlines
Presenting strong arguments
Preparation beats reaction. The businesses that build IP monitoring and strong filings today will have the best defence tomorrow.
Conclusion: A New Era for Patent Innovation in Malaysia
The introduction of patent opposition marks a major milestone in Malaysia’s Intellectual Property system. For the first time, startups, SMEs, inventors, manufacturers, and competitors have a practical tool to challenge weak or overly broad patent registrations without going straight to Court.
This new system encourages, fairer competition, stronger patents, better quality innovation, and more transparent markets
As Malaysia’s innovation economy grows, knowing how opposing a patent, analysing prior art, or responding to an opposition works will become an essential skill for technology-driven businesses.
If you need help preparing an opposition, defending your patent registration, or reviewing competitors’ filings, feel free to reach out to us at IP Gennesis! Patent deadlines are strict, the process is technical, and having a solid strategy often makes the biggest difference.
Written by,
Senior Legal Executive
LL.B (HONS), LL.M
Advocate & Solicitor of Malaya (Non-practising)
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP
Advocate & Solicitor
Disclaimer: This article is for general information only and does not constitute legal advice. For advice on your specific situation, please consult a qualified Intellectual Property professional