Amendment Procedure When a Request for Certification for Release is Pending

Date Published

Under reg 3.25(1), a person may request that the Commissioner grant a certification authorising the release of a sample of a micro-organism. When such a request is pending, and the applicant or patentee files a request to amend the specification for the purpose of inserting sec 6(c) information (i.e. the name of the prescribed depositary institution and/or the file, accession or registration number of the deposit), the person who made the reg 3.25(1) request should be sent:

  • a copy of the amendment request and the statement of proposed amendments (reg 10.2(8)); together with
  • a covering letter advising that should the person wish to be heard on the matter, they have 21 days from the date of the letter to notify the Commissioner.  

Before allowing an amendment, examiners should bring the matter to the attention of the Supervising Examiner CHEM 1, so that any issues affecting the request for release under reg 3.25(1) can be considered.