Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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(i) the application lapses, or is refused or withdrawn; or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.