Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p39
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 100775–103567

patent office:
 (a) the patent application or patent;
 (b) a document given by the applicant, or another person, to the Commissioner in connection with the patent application or patent;
 (c) a document in the Commissioner's possession that relates to the patent application or the application of the patent;
 (d) any information in the Commissioner's possession that relates to a document mentioned in paragraph (a), (b) or (c);
whether or not the application is open for public inspection.
 (2) However, if the patent application, document or information is not open for public inspection, the Commissioner must not disclose the application, document or information without the consent of the applicant.
Note: Section 194 of the Act also authorises the Commissioner to give a person certain information about patents, patent applications and other documents in certain circumstances.
 (3) The Commissioner may disclose the patent application, document or information by depositing it in an approved digital library or by any other means.

Part 2—Inventions that are micro‑organisms

3.23  Documents in accepted applications and patents involving micro‑organisms
 (1) Where a micro‑organism is deposited with a prescribed depositary institution for the purposes of section 41 of the Act, the following documents must be filed in relation to an application that has been accepted under section 49 or 52 of the Act or a patent in respect of the micro‑organism:
 (a) if the deposit is an original deposit within the meaning of Rule 7.3 of the Budapest Treaty or a new deposit within the meaning of Rule 7.4 of that Treaty—a copy of a receipt issued by the institution under Rule 7 of the Treaty;
 (b) if samples of the micro‑organism were transferred to that institution under Rule 5.1(a)(i) of the Treaty—a copy of a receipt issued by the institution under Rule 7 of the Treaty;
 (c) if a receipt referred to in paragraph (a) or (b) is not in English—a translation of the receipt into English.
 (2) The documents referred to in subregulation (1) must be filed within 3 months from the date of receipt of the micro‑organism by the prescribed depositary institution.

3.24  Commissioner may request samples and viability statement
 (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