Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 6

Deposit requirements

                   For the purposes of this Act, the deposit requirements are to be taken to be satisfied in relation to a micro-organism to which a specification relates if, and only if:

                     (a)  the micro-organism was, on or before the date of filing of the specification, deposited with a prescribed depositary institution in accordance with the rules relating to micro-organisms; and

                     (b)  the specification includes, at that date, such relevant information on the characteristics of the micro-organism as is known to the applicant; and

                     (c)  at all times since the end of the prescribed period, the specification has included:

                              (i)  the name of a prescribed depositary institution from which samples of the micro-organism are obtainable as provided by the rules relating to micro-organisms; and

                            (iii)  the file, accession or registration number of the deposit given by the institution; and

                     (d)  at all times since the date of filing of the specification, samples of the micro-organism have been obtainable from a prescribed depositary institution as provided by those rules.

[ Note: see sections 41 and 42 ]



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