Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 1.5

  (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.