Commonwealth Consolidated Regulations

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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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