Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.25C

Grant of certification--limited use undertaking

             (1)  For paragraphs 3.25B(2)(e) and (4)(c), this regulation applies to a request if:

                     (a)  the person making the request or the person nominated as a skilled addressee has undertaken to use the micro-organism, during the period mentioned in subregulation (2), only for experimental purposes or in relation to:

                              (i)  opposition proceedings under Chapter 5 of the Act in relation to the grant of a standard patent on that application; or

                             (ii)  opposition proceedings under section 101M of the Act in relation to an innovation patent; or

                            (iii)  relevant proceedings in relation to the patent;

                            and not to make the micro-organism, or a culture derived from the micro-organism, available to another person during that period; and

                     (b)  the Commissioner is reasonably satisfied that the undertaking given by the person making the request or the person nominated as a skilled addressee is given in good faith.

             (2)  For paragraph (1)(a), the period is:

                     (a)  for a request in respect of a patent application--the period beginning when the request is granted and ending when:

                              (i)  the application lapses, or is refused or withdrawn; or

                             (ii)  a patent granted on the application expires, ceases or is revoked; or

                     (b)  for a request in respect of a patent--the period beginning when the request is granted and ending when the patent expires, ceases or is revoked.



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