Commonwealth Numbered Regulations

1987 No. 78 PATENTS REGULATIONS (AMENDMENT) - REG 6

6. The First Schedule to the Patents Regulations is amended:
(a) by omitting from Form 22 "Regulation 34" and substituting "Subregulation
19ZL (2) and regulation 34";

   (b)  by omitting Form 27 and substituting the following form:

"FORM 27
Sub-regulations 16F (2),
19ZP (1), 50 (2) and 81A (1)
COMMONWEALTH OF AUSTRALIA
APPLICATION FOR LICENCE I, (insert full name of applicant), of (insert
business or residential address of applicant, not being a post box address),
hereby apply under section 159C of the Patents Act 1952 (or) under
subregulation 16F (2) (or) 19ZP (2) (or) 50 (2) of the Patents Regulations
(omit whichever are not applicable) for the grant of a licence to make, use,
exercise or vend (vary these words if necessary in accordance with the kind of
licence applied for) the invention
that is the subject of Application No.    (or) Patent No.    (omit whichever
is not applicable) The grounds upon which this application is made are as
follows: My address for service is:
Dated this day of          19  .
(Signature) To: The Commissioner of Patents"; and

   (c)  by adding at the end the following forms:

"FORM 36
Paragraphs 19ZB (1) (c)
and 19ZF (3) (a)
COMMONWEALTH OF AUSTRALIA DECLARATION CONCERNING THE DEPOSIT, IN RELATION TO A
PATENT APPLICATION OR
PATENT, OF A MICRO-ORGANISM WITH AN INTERNATIONAL DEPOSITARY AUTHORITY (A
declaration should relate to only one deposit) * In the matter of the
application made by (insert name of applicant for patent) for a patent. * In
the matter of the patent held by (insert name of patentee) for an invention
entitled (insert title of patent). * I, (insert full name of declarant), of
(insert address of place of business or residence of declarant), declare as
follows: * 1. I am the *applicant for the patent for (or) *patentee of the
invention referred to above.
(or, in the case of an application by a body corporate) * 1. I am authorised
by (insert full name of the applicant for the patent), the *applicant for the
patent for (or) *patentee of the invention referred to above, to make this
declaration on its behalf. 2. A micro-organism was deposited with (insert name
of international depositary authority) on (insert date on which the deposit
was made) and accorded (state whether that authority gave the deposit a file,
accession or registration number and state that number). 3. The deposit
referred to in paragraph 2 was:

*(a) an original deposit within the meaning of Rule 7.3 of the Budapest Treaty
Regulations.

*(b) a new deposit within the meaning of Rule 7.4 of the Budapest Treaty
Regulations.

*(c) a sample that was transferred to that international depositary authority
under Rule 5.1 (a) (i) of the Budapest Treaty Regulations. 4. Samples of that
micro-organism are obtainable from that international depositary authority as
provided by:

   (a)  such provisions of the Budapest Treaty on the Intenational Recognition
        of the Deposit of Micro Organisms for the purposes of Patent
        Procedure, and the Regulations annexed to that Treaty as affected by
        any amendments made under Article 12 of that Treaty, as are
        applicable; and

   (b)  such provisions of the Patents Regulations as are applicable. *5. * I
        am (or)

* The applicant for the patent for the invention referred to above is (or)

* The patentee of the invention referred to above is the depositor, within the
meaning of Article 2 of the Budapest Treaty, of the deposit referred to in
paragraph 2. *5. The depositor, within the meaning of Article 2 of the
Budapest Treaty, of the deposit referred to in paragraph 2 is (insert full
name and address of place of business or residence of depositor). 6. * I rely
(or)

* I have the consent of the depositor referred to above to rely (or)

* The applicant for the patent for the invention referred to above relies (or)

* The applicant for the patent for the invention referred to above has the
consent of the depositor referred to above to rely (or)

* The patentee of the invention referred to above has the consent of the
depositor referred to above to rely on that deposit for the purposes of
section 40 of the Patents Act 1952 in relation to

* the application for the patent (or)

* the patent for the invention referred to above. *(Omit whichever is
inapplicable)
Declared at this          day of          19  .

(Signature of declarant)
------------ To:
The Commissioner of Patents Lodged by: (insert the name and address of the
person who lodges this declaration and the name of any person on whose behalf
it is lodged)

"FORM 37
Regulation 19ZA and
subregulation 19ZF (1)
COMMONWEALTH OF AUSTRALIA REQUEST FOR COMMISSIONER'S CERTIFICATION AUTHORISING
RELEASE OF A SAMPLE OF A
MICRO-ORGANISM I, (insert full name of person making request) of (insert
business or residential address of person, not being a post box address),
hereby:

   (a)  declare that a micro-organism was deposited with (insert name and
        address of the international depositary authority) under file,
        accession or
registration No.    (insert number of the deposit given by that authority) on
(insert date on which that micro-organism was deposited) and that samples of
that micro-organism are obtainable from that authority as provided by the
rules relating to micro-organisms;

   (b)  declare that that micro-organism and the name of that international
        depositary authority are referred to in the specification for patent
application (if patent has been granted, omit 'application') No.    (insert
number of patent application or patent, as the case requires);

   (c)  declare that the invention to which that patent application (if patent
        has been granted, omit 'application') applies is that micro-organism
        or involves the use, modification or cultivation of that
        micro-organism;

   (d)  give an undertaking, if a sample of that micro-organism is furnished
        in accordance with this request:

        (i)    not to make that micro-organism, or any culture derived from
               that micro-organism, available to any other person; and

        (ii)   to use that micro-organism only for experimental purposes;
during any period when that patent application, or any patent granted in
accordance with that application, is in force (if patent has been granted,
omit 'application, or any patent granted in accordance with that
application,') and:

        (iii)  if that patent application lapses under subsection 47D (1) of
               the Patents Act 1952-the period of 9 months after that
               application so lapses; or (omit this subparagraph if the patent
               application is not an international application or if patent
               has been granted)

        (iv)   if that patent application lapses under subsection 47D (1) of
               the Patents Act 1952-the period of 6 months after that
               application so lapses; or (omit this subparagraph if the patent
               application is an international application or if patent has
               been granted)

        (v)    if the patent granted in accordance with that patent
               application ceases under subsection 68 (2) of the Patents Act
               1952-the period of 6 months after that cessation (if patent has
               been granted, omit 'the patent granted in accordance with that
               patent application' and substitute 'that patent'); and (if that
               patent application or patent, as the case may be, is not in
               force and if the period referred to in subparagraph (d) (iii),
               (iv) or (v), as the case may be, has expired, omit paragraph
               (d) and insert the following paragraph:)

   (e)  declare that that patent application (if patent has been granted, omit
        'application') is not in force because of the following circumstances:
        (set out those circumstances); and (if patent has been granted and the
        person making the request is a person to whom the patentee has granted
        a licence under section 108 of the Act, omit paragraph (d) and insert
        the following paragraph:)

   (f)  declare that the patentee of that patent has granted under section 108
        of the Patents Act 1952 the following licence to the person making the
        request: (set out details of the compulsory licence that was granted)
        upon terms a copy of which is set out in an annexure to this request;
        and (if the person making the request makes, uses, exercises or vends
        the invention to which that patent application or that patent refers
        under subsection 125 (1) of the Patents Act 1952, omit paragraph (d)
        and insert the following paragraph:)

   (g)  declare that the person making the request makes, uses, exercises or
        vends the invention to which that patent application (if patent has
        been granted, omit 'application') refers under subsection 125 (1) of
        the Act upon terms a copy of which is set out in an annexure to this
        request; and

   (h)  request the Commissioner under subregulation 19ZF (1) of the Patents
        Regulations to furnish to me the certification referred to in
        paragraph (a) of Rule 11.3 of the Budapest Treaty Regulations. My
        address for service is: (insert an address in Australia which may be a
        post box address). ......................................
(Insert signature of person making the
request) ......................................
(Insert name and address of that
person's patent attorney, if any)
------------

"FORM 38
Paragraph 19ZG (5) (a)
and subregulation
19ZK (1)
COMMONWEALTH OF AUSTRALIA NOTIFICATION THAT A REQUIREMENT OF PARAGRAPH 40 (5)
(c) or (e) OF THE PATENTS
ACT 1952 HAS CEASED TO BE SATISFIED IN RELATION TO A MICRO-ORGANISM I, (insert
full name of person giving the notification), of (insert business or
residential address of person, not being a post box address), in accordance
with subregulation 19ZK (1) of the Patents Regulations hereby:

   (a)  declare that a micro-organism was deposited with (insert name and
        address of the international depositary authority) under file,
        accession or
registration No.    (insert number of deposit given by that authority) on
(insert date on which the micro-organism was deposited);

   (b)  declare that that micro-organism is referred to in the specification
        in respect of patent application (if patent has been granted, omit
        'application') No. (insert number of patent application or patent, as
        the case requires);

   (c)  declare that the following *requirement *requirements of paragraph 40
        (5) (c) or (e) of the Act *has *have ceased to be satisfied in
        relation to that patent application (if patent has been granted, omit
        'application'): (set out that requirement or those requirements); and

   (d)  declare that the following facts are relied upon to establish that

*that requirement is (or) *those requirements are not satisfied: (set out a
statement of those facts). My address for service is: (insert an address in
Australia which may be a post box address). *(Omit whichever is inapplicable)
......................................
(Insert signature of person giving the
notification) ......................................
(Insert name and address of that
person's patent attorney, if any)".