Commonwealth Consolidated Regulations

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Request for Commissioner's certification authorising release of sample of a micro-organism

             (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.

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