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PATENTS REGULATIONS 1991 - REG 3.25B Grant of certification--when Commissioner must grant certification

PATENTS REGULATIONS 1991 - REG 3.25B

Grant of certification--when Commissioner must grant certification

  (1)   Subregulation (2) applies to a request under regulation   3.25 in relation to a patent application if:

  (a)   the applicant for the patent has notified the Commissioner as mentioned in subregulation   3.25A(2); and

  (b)   the period mentioned in subregulation   3.25A(3) has not ended; and

  (c)   regulation   3.25E does not apply to the request.

  (2)   The Commissioner must grant the certification if:

  (a)   the specification relating to the application is open to public inspection; and

  (b)   the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and

  (c)   a person has been nominated as a skilled addressee by the person who made the request; and

  (d)   the Commissioner is reasonably satisfied that the nominated person:

  (i)   is appropriately skilled; and

  (ii)   does not have an interest in the invention; and

  (e)   regulation   3.25C applies to the request.

  (3)   Subregulation (4) applies to any other request under regulation   3.25.

  (4)   The Commissioner must grant the certification if:

  (a)   the specification relating to the application or patent is open to public inspection; and

  (b)   the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and

  (c)   one or more of regulations   3.25C, 3.25D, 3.25E and 3.25F apply to the request.

  (5)   Despite subregulations (1) to (4), the Commissioner must not grant the certification if:

  (a)   the request relates to a micro - organism:

  (i)   that is the subject of a PCT application; or

  (ii)   the use, modification or cultivation of which is the subject of a PCT application; and

  (b)   the applicant of the PCT application has not complied with subsection   29A(5) of the Act.

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