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Date Published

Section 6 prescribes the deposit requirements which an applicant must satisfy for the purposes of sec 41(1).  Under sec 6, the deposit requirements in relation to a micro-organism are taken to be satisfied if:

a. the micro-organism was, on or before the date of filing of the specification, deposited with a prescribed depositary institution in accordance with the rules relating to micro-organisms; and

b. the specification includes, at that date, such relevant information on the characteristics of the micro-organism as is known to the applicant; and

c. at all times since the end of the of the prescribed period, the specification has included:

i. the name of a prescribed depositary institution from which samples of the micro-organism are obtainable as provided by the rules relating to micro-organisms; and

ii. the file, accession or registration number of the deposit given by the institution; and

d. at all times since the date of filing of the specification, samples of the micro-organism have been obtainable from a prescribed depositary institution as provided by those rules.

Note: There is no requirement that the specification includes the date on which the micro-organism deposit was made.  (This was previously required by sec 6(c)(ii), since repealed).

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