Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 41(1A)(b) of the Act, the prescribed circumstances are all of the following:
(a) the micro - organism was deposited with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, on or before the date the provisional specification was filed;
(b) at the time the provisional application to which the provisional specification relates was made, the provisional specification clearly disclosed the invention, other than in relation to the description of the micro - organism;
(c) at the time the provisional application to which the provisional specification relates was made, either:
(i) a document filed for the provisional application included the relevant information on the characteristics of the micro - organism that was known to the applicant at that time; or
(ii) 2 or more documents filed for the provisional application, considered together, included the relevant information on the characteristics of the micro - organism that was known to the applicant at that time;
(d) if the circumstances mentioned in subregulation (2) apply--the requirements of paragraph 6(c) of the Act are satisfied by the complete specification mentioned in paragraph ( 2)(a) of this regulation.
(2) For paragraph ( 1)(d), the circumstances are that:
(a) a complete specification has been filed for a complete application; and
(b) the complete application is associated with the provisional application whose specification is referred to in paragraph ( 1)(b).
Note: A complete application may be associated with a provisional application when the complete application is filed, or as a result of a subsequent amendment to the complete application.