PATENTS REGULATIONS 1991 - REG 3.24 Commissioner may request samples and viability statement

PATENTS REGULATIONS 1991 - REG 3.24

  (1)   If, in relation to a patent application or patent in respect of a micro - organism, the micro - organism is deposited with a prescribed depositary institution, the Commissioner:

  (a)   on the order of a court in Australia, must; or

  (b)   on his or her own motion or on application in writing by another person, may;

for the purposes of proceedings before the Commissioner or any other legal proceedings in Australia:

  (c)   make to that institution a request referred to in Rule   11.1 of the Budapest Treaty for a sample of that micro - organism; and

  (d)   in relation to that micro - organism, make the declaration referred to in that Rule.

  (2)   Before making a request, the Commissioner must give the applicant or patentee concerned, and any other person who apparently has an interest in the request, an opportunity to be heard, unless the request is made on the order of a court.

  (3)   If the Commissioner decides to make, or to refuse to make, a request, he or she must notify the applicant or patentee concerned, and any other person who apparently has an interest in the request, of the decision, and of the reasons for the decision, as soon as practicable after the decision.

  (4)   The Commissioner may make a request referred to in Rule   10.2(a )( iii) of the Budapest Treaty for a statement concerning the viability of a micro - organism if a sample of the micro - organism has been given to the Commissioner in accordance with a request under subregulation   (1).