Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p45
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 116093–118757

give a copy of the notice to the applicant or patentee.
 (3) If the Commissioner learns, otherwise than by a notice referred to in subregulation (1), of facts that may establish that a requirement referred to in that subregulation has ceased to be satisfied, the Commissioner must cause a notice setting out those facts to be given to the applicant or patentee.
 (4) As soon as practicable after the Commissioner receives a notice under subregulation (1) or gives a notice under subregulation (3), a notice of the receipt or giving of that notification must be published in the Official Journal.
 (5) The terms of a notice under subregulation (1) or (3) need not be published, but the notice must be open to public inspection.
 (6) The applicant or patentee may file a written reply setting out the facts relied upon to establish that the requirement referred to in subregulation (1) is satisfied.
 (7) If a reply filed under subregulation (6) is in answer to a notification under subregulation (1) by a person, the Commissioner must, as soon as practicable after receiving the reply, give a copy of the reply to that person.
 (8) As soon as practicable after a reply is filed under subregulation (6), a notice of the filing must be published in the Official Journal.
 (9) The terms of a reply filed under subregulation (6) need not be published, but the reply must be open to public inspection.

3.30  Prescribed period: deposit requirements taken to be satisfied
  For the purposes of paragraph 41(4)(b) of the Act, if, in relation to a patent application or patent relating to a micro‑organism:
 (a) that micro‑organism is deposited with a prescribed depositary institution; and
 (b) a requirement referred to in paragraph 6(c) or (d) of the Act ceases to be satisfied in relation to the micro‑organism;
the prescribed period is from the day when the requirement ceases to be so satisfied to the end of:
 (c) where the step referred to in paragraph 41(4)(b) of the Act is the making of a new deposit of a sample of the micro‑organism:
 (i) if the Commissioner has given under subregulation 3.29(2) the applicant or patentee a copy of a notice of that requirement—the period of 3 months after the copy was given; or
 (ii) if the Commissioner has given under subregulation 3.29(3) to the applicant or patentee a notice of the requirement—the period of 3 months after the notice was given; or
 (iii) if under Article 4(1) of the Budapest Treaty the authority has notified the depositor of its inability to furnish samples of the micro‑organism and the Commissioner has not, before the notification, given to the applicant or patentee under subregulation 3.29(2) or