Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p41
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 105890–108714

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) The applicant may notify the Commissioner that, if:
 (a) a request is made under regulation 3.25 in relation to the application; and
 (b) regulation 3.25E does not apply to the request;
a sample of the deposited micro‑organism is to be provided during the period mentioned in subregulation (3) only to a person who is a skilled addressee without an interest in the invention.
 (3) For subregulation (2), the period:
 (a) begins when the complete specification relating to the application is open to public inspection; and
 (b) ends when:
 (i) the patent is granted on the application; or
 (ii) the application lapses or is withdrawn or refused.

3.25B  Grant of certification—when Commissioner must grant certification
 (1) Subregulation (2) applies to a request under regulation 3.25 in relation to a patent application if:
 (a) the applicant for the patent has notified the Commissioner as mentioned in subregulation 3.25A(2); and
 (b) the period mentioned in subregulation 3.25A(3) has not ended; and
 (c) regulation 3.25E does not apply to the request.
 (2) The Commissioner must grant the certification if:
 (a) the specification relating to the application is open to public inspection; and
 (b) the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and
 (c) a person has been nominated as a skilled addressee by the person who made the request; and
 (d) the Commissioner is reasonably satisfied that the nominated person:
 (i) is appropriately skilled; and
 (ii) does not have an interest in the invention; and
 (e) regulation 3.25C applies to the request.
 (3) Subregulation (4) applies to any other request under regulation 3.25.
 (4) The Commissioner must grant the certification if:
 (a) the specification relating to the application or patent is open to public inspection; and
 (b) the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and
 (c) one or more of regulations 3.25C, 3.25D, 3.25E and 3.25F apply to the request.
 (5) Despite subregulations (1) to (4), the Commissioner must not grant the certification if:
 (a) the request relates to a micro‑organism:
 (i) that is the subject of a PCT application; or
 (ii) the use, modification 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),