What IP Managers Need to Know About MyIPO’s Proposed Patent Fee Hike

The Intellectual Property Corporation of Malaysia (MyIPO) has released a public consultation paper proposing significant revisions to the statutory patent fees under Schedule 1 of the Patents Regulations 1986. Intellectual property managers, patent attorneys, and corporate strategy leads have until 21 September 2026 to review the proposal and submit public feedback.

MyIPO to increase official fees

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1. Overview of the Proposed Fee Changes

MyIPO's proposed schedule introduces fee increases across standard patent filings, examination requests, and register updates.

Form	Application / Request Type	Current Fee (MYR)	Proposed Fee (MYR)	Increase (MYR)
Form 1	Request for Grant of Patent	RM290	RM430	+RM140 [+48%]
Form 2A	Entry into National Phase (PCT)	RM290	RM430	+RM140 [48%]
Form 5	Substantive Examination	RM1,100	RM1,650	+RM550 [+50%]
Form 5A	Modified Substantive Examination	RM640	RM960	+RM320 [+50%]
Form 5D	Request to Amend Register	RM100	RM150	+RM50 [+50%]
Form 5H	Expedited Examination	RM250	RM370	+RM120 [+48%]
Form 14	Request for Utility Innovation	RM140	RM210	+RM70 [+50%]

Along with fee hikes, MyIPO proposes a targeted incentive mechanism providing a fee reduction of up to 20% for a period of 3 years for targeted groups, including individual inventors, SMEs, research institutions, educational bodies, government agencies, and startups.

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2. Why is MyIPO Raising Fees?

According to the consultation document, statutory patent fees have remained unchanged since 2011. MyIPO cites several driving factors for the adjustment:

• ICT Infrastructure & AI Integration: Funding upgrades for automated filing, digital data management, cybersecurity, and AI-driven processing systems.
• Operational Costs & Inflation: Offsetting administrative inflation, rising international database costs, and the Sales and Services Tax (SST) increase from 6% to 8%.
• Technical Capacity Building: Hiring and training specialized examiners for complex domains like AI, semiconductors, biotechnology, and green tech.
• International Benchmarking: Adjusting fees to align more closely with regional and global offices such as IPOS (Singapore), IP Australia, EPO, USPTO, JPO, and CNIPA.

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3. Analysis & Key Recommendations for IP Managers

While system modernization and operational sustainability are vital, IP managers should evaluate the practical implications of these proposals and consider submitting joint industry feedback.

A. Digital Transparency: Will Malaysia Provide Open Full Patent Specifications?

Modernizing ICT infrastructure should go beyond internal filing workflows. Currently, Malaysia does not publish full online patent specifications for public inspection. International offices—such as the USPTO, EPO, and JPO—provide free, open access to full patent specifications, enabling global searchability, technology scouting, and patent analytics.

If fee increases are earmarked for ICT modernization, MyIPO should commit to launching an open full-specification digital portal. Providing open online access to complete patent documents will directly benefit local businesses and research institutions by lowering search costs, preventing redundant R&D, facilitating technology transfer, and promoting commercialization.

B. Sustainability of Targeted Incentives: Is 3 Years Enough?

The proposed 20% fee reduction for startups, SMEs, and research institutions is a welcome step. However, limiting this incentive to just 3 years presents a major bottleneck.

The patent lifecycle—from initial filing and examination to commercial deployment—frequently exceeds three years. Once the 3-year window expires, resource-constrained startups and SMEs will face full fee rates just as maintaining and defending their portfolio becomes most critical. Without extending incentives or offering phased renewals beyond year three, early-stage innovators risk abandoning viable patents prematurely.

C. Restructuring Examination Fees: Form 5 vs. Form 5A

Fee increases across administrative forms (Forms 1, 2A, 5D, 5H, and 14) are generally reasonable and justified to cover rising operational costs. However, the proposed steep increase for Form 5 (Substantive Examination) from RM1,100 to RM1,650 (+50%) creates an unnecessary financial barrier to patent prosecution.

A more balanced counter-proposal is to align the fee structures for standard and modified substantive examinations:

• Form 5 (Substantive Examination): Keep Form 5 at the same price point as Form 5A rather than spiking it to RM1,650.
• Form 5A (Modified Substantive Examination): Adjust Form 5A to RM1,100 (instead of RM960).

Harmonizing Form 5 and Form 5A fees prevents heavy upfront penalties on applicants seeking standard examination while providing MyIPO with balanced fee recovery across both pathways.

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4. How to Submit Your Feedback Before 21 September 2026

MyIPO is inviting all stakeholders, IP practitioners, and industry leaders to voice their perspectives before 21 September 2026.

• Submission Deadline: 21 September 2026
• Method: Complete the public consultation survey via MyIPO's public portal or submit written feedback directly to the Patent Formalities & International Registration Section.
• Contacts:
  • Puan Siti Hasniza binti Mohdin @ Mohd Din (hasniza@myipo.gov.my)
  • Puan Nor Hashila binti Mohamad Hassim (hashila@myipo.gov.my)