Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 3.29

3.29 (1) If a deposit requirement ceases to be satisfied in relation to a
micro-organism to which a specification filed in respect of a patent
application or patent relates, a person other than the applicant or patentee
may, after the specification has become open to public inspection, notify the
Commissioner in the approved form of the requirement referred to in paragraph
6 (c) or (d) of the Act ("deposit requirements") that has ceased to be
satisfied.

(2) As soon as practicable after receiving a notice under subregulation (1),
the Commissioner must give a copy of the notice to the applicant or patentee.

(3) If the Commissioner learns, otherwise than by a notice referred to in
subregulation (1), of facts that may establish that a requirement referred to
in that subregulation has ceased to be satisfied, the Commissioner must cause
a notice setting out those facts to be given to the applicant or patentee.

(4) As soon as practicable after the Commissioner receives a notice under
subregulation (1) or gives a notice under subregulation (3), a notice of the
receipt or giving of that notification must be published in the Official
Journal.

(5) The terms of a notice under subregulation (1) or (3) need not be
published, but the notice must be open to public inspection.

(6) The applicant or patentee may file a written reply setting out the facts
relied upon to establish that the requirement referred to in subregulation (1)
is satisfied.

(7) If a reply filed under subregulation (6) is in answer to a notification
under subregulation (1) by a person, the Commissioner must, as soon as
practicable after receiving the reply, give a copy of the reply to that
person.

(8) As soon as practicable after a reply is filed under subregulation (6), a
notice of the filing must be published in the Official Journal.

(9) The terms of a reply filed under subregulation (6) need not be published,
but the reply must be open to public inspection.