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PATENTS REGULATIONS 1991 - REG 3.30

Prescribed period: deposit requirements taken to be satisfied

                   For the purposes of paragraph 41(4)(b) of the Act, if, in relation to a patent application or patent relating to a micro-organism:

                     (a)  that micro-organism is deposited with a prescribed depositary institution; and

                     (b)  a requirement referred to in paragraph 6(c) or (d) of the Act ceases to be satisfied in relation to the micro-organism;

the prescribed period is from the day when the requirement ceases to be so satisfied to the end of:

                     (c)  where the step referred to in paragraph 41(4)(b) of the Act is the making of a new deposit of a sample of the micro-organism:

                              (i)  if the Commissioner has given under subregulation 3.29(2) the applicant or patentee a copy of a notice of that requirement--the period of 3 months after the copy was given; or

                             (ii)  if the Commissioner has given under subregulation 3.29(3) to the applicant or patentee a notice of the requirement--the period of 3 months after the notice was given; or

                            (iii)  if under Article 4(1) of the Budapest Treaty the authority has notified the depositor of its inability to furnish samples of the micro-organism and the Commissioner has not, before the notification, given to the applicant or patentee under subregulation 3.29(2) or (3) a copy of the notice, or the notice, as the case may be, of the requirement--the period of 3 months after the depositor received that notification under Article 4(1)(d) of the Treaty; or

                            (iv)  in any other case--the day when that new deposit is so made; or

                     (d)  where the step referred to in paragraph 41(4)(b) of the Act is an amendment of the specification in respect of that patent application or patent--the date of the allowance of the amendment, unless:

                              (i)  the Commissioner has given the applicant or patentee a copy of a notice under subregulation 3.29(2) or a notice under subregulation 3.29(3), and the applicant or patentee has not asked for leave to amend the specification within the period of 3 months after the copy or the notice was given; or

                             (ii)  the authority has notified the depositor under Article 4(1) of the Budapest Treaty of its inability to furnish samples of the micro-organism and:

                                        (A)  the Commissioner has not, before the notification, given to the applicant or patentee under subregulation 3.29(2) or (3) the notice, or a copy of the notice, as the case may be, of the requirement; and

                                        (B)  the applicant or patentee has not asked for leave to amend the specification within the period of 3 months after the depositor received the notification under Article 4(1)(d) of the Treaty.



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