Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 6(c) of the Act, the prescribed period is:
(a) if the Commissioner makes a declaration under subsection 42(1) of the Act in relation to the specification concerned--the period mentioned in subregulation (2); or
(b) in any other case:
(i) for a complete specification in respect of a standard patent application--the period mentioned in subregulation (3); or
(ii) for a complete specification in respect of an innovation patent application--the period mentioned in subregulation (4).
(2) For paragraph (1)(a), the period begins on the filing date of the application to which the specification relates and ends 3 months from the date taken to be the date of filing of the specification under paragraph 42(2)(b) of the Act.
(3) For subparagraph (1)(b)(i), the period begins on the filing date of the application to which the specification relates and ends:
(a) at the end of the day immediately before the day on which the application becomes open to public inspection; or
(b) if the application is accepted before the end of the day first mentioned in paragraph (a)--immediately before acceptance.
(4) For subparagraph (1)(b)(ii), the period begins on the filing date of the application to which the specification relates to and ends immediately before acceptance.
(5) If a matter mentioned in paragraph 6(c) of the Act has been included in the specification, the applicant or patentee is taken to consent to a micro - organism being obtained by a person to whom the Commissioner has granted the certification under regulation 3.25 in respect of the deposit:
(a) after the period mentioned in subregulation (1) for the specification to which the application relates; and
(b) from the prescribed depositary institution with which the micro - organism is deposited.