Malaysia: Newly Intoruduced Patent Opposition in the Patent Act Amended in 2022

The Intellectual Property Corporation of Malaysia (MyIPO) has announced a Patents(Amendment) Act 2022 that comes into force on March 18, 2022. 

Here below is detail about newly introduced Patent Opposition under Patent Act Amendment, 2022:

• Eligibility for filing opposition proceedings: Any interested person (including the Federal and State government) may commence opposition proceedings.
• How to file: By filing a notice of opposition against a patent owner.
• The grounds of opposition: Same as those specified in Section 56(2)(a), (b) and (c) of the Act for invalidation proceedings.
• Conclusion of the opposition proceedings, the Registrar has three options: 
• Maintain the patent
• Maintain the patent subject to amendment
• Invalidate the patent

If the Registrar arrives at the conclusion that the patent ought to be invalidated, the effects of invalidation as set out under Section 57 of the Act will apply to opposition proceedings under the new Section 55A as well.