Patent Law and Indigenous Knowledge: Non-Patentability-Related Grounds for Challenging Filings

Scholarship on the interaction between existing patent law and Indigenous knowledge typically focuses on patentability standards—whether there is a patentable invention that is novel and non-obvious. This article focuses on non-patentability-related grounds for challenging patent filings in Aotearoa New Zealand. Namely, it analyses the entitlement to be granted a patent and inventorship, that a patent can be opposed or revoked if obtained by fraud, false suggestion, or a misrepresentation, and that the grant of a patent made contrary to law is invalid. The article concludes that there is scope in Aotearoa New Zealand to interpret such provisions to better meet the interests of Indigenous peoples. Of particular potential is the interpretation of "contrary to law" to include "contrary to tikanga Māori (Māori law)" resulting from a Supreme Court decision that tikanga Māori is part of the common law in Aotearoa New Zealand.