As part of Malaysia’s rollout of the post-grant patent opposition system, the Registrar of Patents has issued Practice Notice No. 1/2025 (“
Practice Notice”) which will take effect on
31 December 2025 and will revoke Practice Notice No. 1/2022, Practice Notice No. 2/2022, and Practice Notice No. 1/2023.
New items 60 to 70 have been added to the First Schedule of the Practice Notice to specify the forms to be used for post-grant opposition proceedings. The First Schedule sets out only 10 types of applications or requests that will be available for electronic filing on the IP Online Portal as of 31 December 2025, each with its respective applicable handling fee.
The new items 60 to 70 of the First Schedule have not been included in the list available for electronic filings. Hence, patent owners and interested persons should note that any application or request for post-grant opposition proceedings must be manually filed either by hand delivery or by post to the Patent Registration Office. In addition, the Practice Notice requires hand-delivered filings to comprise at least two copies of the relevant documents filed, and all filings submitted after 3:00pm will be deemed received on the next working day.
Alert by Joshua Teoh Beni Chris (Partner) of the Intellectual Property Practice of Skrine.