Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.25B

Grant of certification--when Commissioner must grant certification

             (1)  Subregulation (2) applies to a request under regulation 3.25 in relation to a patent application if:

                     (a)  the applicant for the patent has notified the Commissioner as mentioned in subregulation 3.25A(2); and

                     (b)  the period mentioned in subregulation 3.25A(3) has not ended; and

                     (c)  regulation 3.25E does not apply to the request.

             (2)  The Commissioner must grant the certification if:

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

                     (b)  the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and

                     (c)  a person has been nominated as a skilled addressee by the person who made the request; and

                     (d)  the Commissioner is reasonably satisfied that the nominated person:

                              (i)  is appropriately skilled; and

                             (ii)  does not have an interest in the invention; and

                     (e)  regulation 3.25C applies to the request.

             (3)  Subregulation (4) applies to any other request under regulation 3.25.

             (4)  The Commissioner must grant the certification if:

                     (a)  the specification relating to the application or patent is open to public inspection; and

                     (b)  the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and

                     (c)  one or more of regulations 3.25C, 3.25D, 3.25E and 3.25F apply to the request.

             (5)  Despite subregulations (1) to (4), the Commissioner must not grant the certification if:

                     (a)  the request relates to a micro-organism:

                              (i)  that is the subject of a PCT application; or

                             (ii)  the use, modification or cultivation of which is the subject of a PCT application; and

                     (b)  the applicant of the PCT application has not complied with subsection 29A(5) of the Act.



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