Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If a micro-organism is deposited with a prescribed depositary institution, a person may request the Commissioner to grant the certification referred to in Rule 11.3(a) of the Budapest Treaty in respect of the deposit.
(2) The request:
(a) must be in the approved form; and
(b) must relate to a micro-organism:
(i) that is the subject of a patent application or patent; or
(ii) the use, modification or cultivation of which is the subject of a patent application or patent; and
(c) may nominate another person as a skilled addressee.
(3) Before making a decision under regulation 3.25B (including a decision about imposing conditions under regulation 3.25G), the Commissioner must:
(a) by notification to each person mentioned in subregulation (4), invite the person to make, within a reasonable time specified in the notification, a submission about the matter; and
(b) if a person mentioned in subregulation (4) makes a submission within the time specified in the notification--take the submission into account.
(4) For subregulation (3), the persons are as follows:
(a) the person who made the request;
(b) the applicant or patentee;
(c) any other person who apparently has an interest in the request.