Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p40
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 103326–106148

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 notify 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, 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).

3.25  Request for Commissioner's certification authorising release of sample of a micro‑organism
 (1) If a micro‑organism is deposited with a prescribed depositary institution, a person may request the Commissioner to grant the certification referred to in Rule 11.3(a) of the Budapest Treaty in respect of the deposit.
 (2) The request:
 (a) must be in the approved form; and
 (b) must relate to a micro‑organism:
 (i) that is the subject of a patent application or patent; or
 (ii) the use, modification or cultivation of which is the subject of a patent application or patent; and
 (c) may nominate another person as a skilled addressee.
 (3) Before making a decision under regulation 3.25B (including a decision about imposing conditions under regulation 3.25G), the Commissioner must:
 (a) by notification to each person mentioned in subregulation (4), invite the person to make, within a reasonable time specified in the notification, a submission about the matter; and
 (b) if a person mentioned in subregulation (4) makes a submission within the time specified in the notification—take the submission into account.
 (4) For subregulation (3), the persons are as follows:
 (a) the person who made the request;
 (b) the applicant or patentee;
 (c) any other person who apparently has an interest in the request.

3.25A  Request for certification—micro‑organism subject of application for standard patent
 (1) This regulation applies if:
 (a) the micro‑organism, or the use, modification or cultivation of the micro‑organism, is the subject of an application for a standard patent; and
 (b) the complete specification relating to the application is not open to public inspection.
 (2)