Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p42
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 108457–111257

or cultivation of which is the subject of a PCT application; and
 (b) the applicant of the PCT application has not complied with subsection 29A(5) of the Act.

3.25C  Grant of certification—limited use undertaking
 (1) For paragraphs 3.25B(2)(e) and (4)(c), this regulation applies to a request if:
 (a) the person making the request or the person nominated as a skilled addressee has undertaken to use the micro‑organism, during the period mentioned in subregulation (2), only for experimental purposes or in relation to:
 (i) opposition proceedings under Chapter 5 of the Act in relation to the grant of a standard patent on that application; or
 (ii) opposition proceedings under section 101M of the Act in relation to an innovation patent; or
 (iii) relevant proceedings in relation to the patent;
  and not to make the micro‑organism, or a culture derived from the micro‑organism, available to another person during that period; and
 (b) the Commissioner is reasonably satisfied that the undertaking given by the person making the request or the person nominated as a skilled addressee is given in good faith.
 (2) For paragraph (1)(a), the period is:
 (a) for a request in respect of a patent application—the period beginning when the request is granted and ending when:
 (i) the application lapses, or is refused or withdrawn; or
 (ii) a patent granted on the application expires, ceases or is revoked; or
 (b) for a request in respect of a patent—the period beginning when the request is granted and ending when the patent expires, ceases or is revoked.

3.25D  Grant of certification—order under section 133 of Act
  For paragraph 3.25B(4)(c), this regulation applies to a request if:
 (a) an order has been made, under section 133 of the Act, requiring the patentee to grant to the person making the request a licence to exploit the patented invention; and
 (b) the Commissioner is reasonably satisfied that the licence provides that the person making the request has a right to obtain a sample of the micro‑organism.

3.25E  Grant of certification—exploitation for Crown purposes
  For paragraph 3.25B(4)(c), this regulation applies to a request if:
 (a) the person making the request is authorised by a relevant authority, under subparagraph 160A(1)(b)(ii) of the Act, to exploit the invention for the services of the relevant authority; and
 (b) the Commissioner is reasonably satisfied that the terms for the exploitation of the invention provide that the person making the request has a right to obtain a sample of the micro‑organism.

3.25F  Grant of certification—expired patent etc.
  For paragraph 3.25B(4)(c), this regulation applies to a request if the request is in respect of:
 (a) a patent application that has lapsed or has been refused or withdrawn; or
 (b) a patent that is