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.