Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p33
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 78914–81818

or a complete specification if—
    (a) the claim claims matter that involves the use, modification or cultivation of a micro-organism other than a micro-organism referred to in sub-section 40 (4);
    (b) on the date of lodgment (in this sub-section referred to as the 'lodgment date') of the further application referred to in sub-section (4) of this section, subsection 40 (3) applied to the specification in relation to the micro-organism;
    (c) where the lodgment date was after the expiration of the prescribed period referred to in paragraph 40 (5) (c)—some or all of the requirements of subsection 40 (5) were not satisfied in relation to the specification in relation to the micro-organism as at the lodgment date; and
    (d) where the lodgment date was before the expiration of the prescribed period referred to in paragraph 40 (5) (c)—some or all of the requirements of paragraphs 40 (5) (a), (b) and (e) were not satisfied in relation to the specification in relation to the micro-organism as at the lodgment date.".

After sub-section 54a (1)—
Insert the following sub-section:
"(1a) If sub-section 40 (3) applies to a complete specification in relation to a microorganism, the applicant is not entitled to make a request for the purposes of sub-section (1) of this section in relation to the specification unless the specification includes the
SCHEDULE 1—continued
name of a prescribed depositary institution from which samples of the micro-organism are obtainable as provided by the rules relating to micro-organisms, the date on which the relevant deposit was made and the file, accession or registration number of the deposit given by the institution.".

Before sub-section 54a (2)—
Insert the following sub-section:
"(1b) An applicant is not entitled to make a request for the purposes of sub-section (1) in relation to a complete specification if the abstract of the specification does not comply with the requirements of the regulations.".

Paragraph 54b (1) (f)—
Omit "and".

After paragraph 54b (1) (f)—
Insert the following paragraph:
    "(fa) any document lodged under sub-section 35 (5); and".

After paragraph 54b (2) (c)—
Insert the following paragraph:
    "(ca) any document lodged under sub-section 35 (5);".

Paragraph 55 (1) (ca)—
Omit "or".

After paragraph 55 (1) (cb)—
Insert the following word and paragraph:
    "or (cc) a document lodged under sub-section 35 (5) which has not become open to public inspection,".

Sub-section 58c (2)—
Omit "sub-section 40 (1) or (2)", substitute "section 40".

Sub-section 58c (3)—
Omit "sub-section 40 (1a) or (2)", substitute "section 40".

Sub-section 58e (3)—
Omit "sub-section 40 (1) or (2)", substitute "section 40".

Sub-section 58e (4)—
Omit "sub-section 40 (1a) or (2)", substitute "section 40".

After section 86—
Insert the following section:

Amendments relating to micro-organisms
"87. (1) Regulations under section