Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p47
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 120902–123762

of section 40 of the Act unless the deposit requirements are satisfied in relation to a micro‑organism, he or she must give to the applicant or patentee a statement of the facts relied upon to justify the making of that declaration.
 (4) A person to whom:
 (a) a copy of an application under subregulation (2); or
 (b) a statement under subregulation (3);
has been given:
 (c) may, within 3 months, give to the court to which the application is made or to the Commissioner a reply to that application or statement; and
 (d) must give a copy of the reply to the applicant or patentee and to such other persons as the court or the Commissioner directs.
 (5) As soon as practicable after:
 (a) a copy of a declaration by a court under subsection 42(1) of the Act is given to the Commissioner under subsection 42(6) of the Act; or
 (b) the making of a decision of the Commissioner under subsection 42(1) of the Act;
notice of the making of the declaration or decision must be published in the Official Journal.
 (6) The terms of a declaration or decision referred to in subregulation (5) need not be published, but the declaration or decision must be open to public inspection.

3.32  Provisional specifications—prescribed circumstances
 (1) For paragraph 41(1A)(b) of the Act, the prescribed circumstances are all of the following:
 (a) the micro‑organism was deposited with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, on or before the date the provisional specification was filed;
 (b) at the time the provisional application to which the provisional specification relates was made, the provisional specification clearly disclosed the invention, other than in relation to the description of the micro‑organism;
 (c) at the time the provisional application to which the provisional specification relates was made, either:
 (i) a document filed for the provisional application included the relevant information on the characteristics of the micro‑organism that was known to the applicant at that time; or
 (ii) 2 or more documents filed for the provisional application, considered together, included the relevant information on the characteristics of the micro‑organism that was known to the applicant at that time;
 (d) if the circumstances mentioned in subregulation (2) apply—the requirements of paragraph 6(c) of the Act are satisfied by the complete specification mentioned in paragraph (2)(a) of this regulation.
 (2) For paragraph (1)(d), the circumstances are that:
 (a) a complete specification has been filed for a complete application; and
 (b) the complete application is associated with the provisional application whose specification is referred to in paragraph (1)(b).
Note: A complete application may be associated with a provisional application when the complete application is