The Intellectual Property Corporation of Malaysia (MyIPO) has recently issued several important updates affecting both the trademark and patent systems. These changes, which will be implemented in phases starting in the second half of 2025, signify a substantial modernization of the Malaysian intellectual property framework.
1. Limited-Time Fee Reduction for Trademark Applications
Pursuant to the Trademarks (Reduction of Fee) Regulations 2025 and the accompanying Practice Direction No. 1/2025, a temporary fee reduction for trademark applications will be in effect from 1 September 2025 to 31 December 2025.
This initiative is available to applicants—including individuals, sole proprietorships, partnerships, associations, body corporates, and institutions—with an annual sales turnover of less than MYR 500,000 (about 106,000 US$). Applicants must submit supporting documents: individuals must provide a declaration of turnover; sole proprietorships or partnerships must provide a copy of their registration certificate and a turnover declaration; associations, body corporates, or institutions must provide a copy of their registration certificate along with either audited financial statements or tax payment documents as proof of turnover.
Eligible applicants are required to use the prescribed "Application for Reduction of Fee" form, submit it together with the relevant trademark application form (TMA2A or TMA2B) and supporting documents in person at the Trademarks Office counter. The process is designed to provide an approval decision on the same day of filing.
2. Significant Expansion of Patent E-Filing; Additional Fee for Physical Submissions
Practice Notice No. 1/2025, effective 31 December 2025, clearly lists ten (10) key patent matters available for electronic filing via the IP Online Portal. These include:
Request for Grant of Patent
Declaration of Withdrawal of Application
Entering National Phase for International Application
Request for Substantive Examination
Request to Convert Application for Patent into Application for Certificate for Utility Innovation (and vice versa)
Application for Grant of a Certificate for a Utility Innovation
Appointment or Change of Patent Agent
Request for Extension of Time
Renewal of a Patent or Utility Innovation Certificate
A key operational change is the introduction of a handling fee for filings related to the above matters if submitted physically at the Patent Registration Office counter or by post, when electronic filing is available.
Furthermore, the Notice specifies that all applications or requests related to patent opposition proceedings must be submitted at the Patent Registration Office counter no later than 3:00 PM on any working day. Submissions after this time will be date-stamped as received on the next working day.
3. Introduction of a Structured Post-Grant Patent Opposition System
The Patents (Amendment) Regulations 2025 introduce a comprehensive post-grant opposition mechanism, also effective 31 December 2025.
Under the new framework, any interested person may file a notice of opposition within six (6) months from the date of publication of the grant of a patent. This requires the prescribed form, a fee of MYR 2,500 (for a patent) or MYR 1,500 (for a utility innovation), a statement of grounds, supporting evidence by statutory declaration, and a security for costs as required by Section 55A(2) of the Patents Act 1983.
The detailed opposition procedure is outlined as follows:
The patent owner must file a counterstatement (Fee: MYR 250 / MYR 150) within three (3) months and may concurrently file a request to amend the patent (Fee: MYR 200) in response.
The opponent may then file evidence in reply within a further three (3) months.
Requests for leave to file further evidence (Fee: MYR 300) are also permitted, subject to the Registrar's approval.
The entire process will be evaluated by an ad-hoc opposition committee, leading to a final decision by the Registrar. The regulations also detail procedures and associated fees for extensions of time (max. one month, once only), amendments to documents (Fee: MYR 150), and withdrawal of opposition (Fee: MYR 150 or MYR 300 depending on the stage).
4. Transitional Arrangements and Commencement
Please note that Practice Notice No. 1/2025 expressly revokes the previous Practice Notice No. 1/2022, No. 2/2022, and No. 1/2023. The amended Patents Regulations also include coordination measures, stating that a request to amend a patent filed before the initiation of opposition proceedings may be deferred by the Registrar until the opposition period ends or the proceedings are concluded.
Conclusion
These sequential updates reflect Malaysia's focused efforts to reduce barriers for innovators, enhance administrative efficiency through digitalization, and strengthen the robustness of the patent system. The changes provide clearer operational guidelines for rights holders seeking protection in Malaysia. Given the specific deadlines, procedural nuances, and cost implications, it is advisable for stakeholders to review their Malaysian IP strategies and consider seeking professional guidance to navigate these new provisions effectively.
Source: https://www.myipo.gov.my/
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