Commonwealth Consolidated Regulations

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Request for certification--micro - organism subject of application for standard patent

  (1)   This regulation applies if:

  (a)   the micro - organism, or the use, modification or cultivation of the micro - organism, is the subject of an application for a standard patent; and

  (b)   the complete specification relating to the application is not open to public inspection.

  (2)   The applicant may notify the Commissioner that, if:

  (a)   a request is made under regulation   3.25 in relation to the application; and

  (b)   regulation   3.25E does not apply to the request;

a sample of the deposited micro - organism is to be provided during the period mentioned in subregulation   (3) only to a person who is a skilled addressee without an interest in the invention.

  (3)   For subregulation   (2), the period:

  (a)   begins when the complete specification relating to the application is open to public inspection; and

  (b)   ends when:

  (i)   the patent is granted on the application; or

  (ii)   the application lapses or is withdrawn or refused.

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