Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsFor 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.