Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 3.24

3.24 (1) If, in relation to a patent application or patent in respect of a
micro-organism, the micro-organism is deposited with a prescribed depositary
institution, the Commissioner:

   (a)  on the order of a court in Australia, must; or

   (b)  on his or her own motion or on application in writing by another
        person, may; for the purposes of proceedings before the Commissioner
        or any other legal proceedings in Australia:

   (c)  make to that institution a request referred to in Rule 11.1 of the
        Budapest Treaty for a sample of that micro-organism; and

   (d)  in relation to that micro-organism, make the declaration referred to
        in that Rule.

(2) Before making a request, the Commissioner must give the applicant or
patentee concerned, and any other person who apparently has an interest in the
request, an opportunity to be heard, unless the request is made on the order
of a court.

(3) If the Commissioner decides to make, or to refuse to make, a request, he
or she must inform the applicant or patentee concerned, and any other person
who apparently has an interest in the request, of the decision, and of the
reasons for the decision, by notice in writing as soon as practicable after
the decision.

(4) The Commissioner may make a request referred to in Rule 10.2 (a) (iii) of
the Budapest Treaty for a statement concerning the viability of a
micro-organism if a sample of the micro-organism has been given to the
Commissioner in accordance with a request under subregulation (1). Note: The
text of the Budapest Treaty is set out in Schedule 1.