Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.29

Notification that a deposit requirement has ceased to be satisfied

  (1)   If a deposit requirement ceases to be satisfied in relation to a micro - organism to which a specification filed in respect of a patent application or patent relates, a person other than the applicant or patentee may, after the specification has become open to public inspection, notify the Commissioner in the approved form of the requirement referred to in paragraph   6(c) or (d) of the Act that has ceased to be satisfied.

  (2)   As soon as practicable after receiving a notice under subregulation   (1), the Commissioner must give a copy of the notice to the applicant or patentee.

  (3)   If the Commissioner learns, otherwise than by a notice referred to in subregulation   (1), of facts that may establish that a requirement referred to in that subregulation   has ceased to be satisfied, the Commissioner must cause a notice setting out those facts to be given to the applicant or patentee.

  (4)   As soon as practicable after the Commissioner receives a notice under subregulation   (1) or gives a notice under subregulation   (3), a notice of the receipt or giving of that notification must be published in the Official Journal .

  (5)   The terms of a notice under subregulation   (1) or (3) need not be published, but the notice must be open to public inspection.

  (6)   The applicant or patentee may file a written reply setting out the facts relied upon to establish that the requirement referred to in subregulation   (1) is satisfied.

  (7)   If a reply filed under subregulation   (6) is in answer to a notification under subregulation   (1) by a person, the Commissioner must, as soon as practicable after receiving the reply, give a copy of the reply to that person.

  (8)   As soon as practicable after a reply is filed under subregulation   (6), a notice of the filing must be published in the Official Journal .

  (9)   The terms of a reply filed under subregulation   (6) need not be published, but the reply must be open to public inspection.


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