Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 6

    For the purposes of this Act, the deposit requirements are to be taken to be satisfied in relation to a micro - organism to which a specification relates if, and only if:

  (a)   the micro - organism was, on or before the date of filing of the specification, deposited with a prescribed depositary institution in accordance with the rules relating to micro - organisms; and

  (b)   the specification includes, at that date, such relevant information on the characteristics of the micro - organism as is known to the applicant; and

  (c)   at all times since the end of the prescribed period, the specification has included:

  (i)   the name of a prescribed depositary institution from which samples of the micro - organism are obtainable as provided by the rules relating to micro - organisms; and

  (iii)   the file, accession or registration number of the deposit given by the institution; and

  (d)   at all times since the date of filing of the specification, samples of the micro - organism have been obtainable from a prescribed depositary institution as provided by those rules.

[ Note: see sections   41 and 42 ]