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Date Published

Section 6(c) requires the specification to include Budapest treaty deposit details by the end of the period prescribed in reg 1.5.  Where an applicant applies for an extension of this time, there will generally also be a co-pending section 104 action to insert the Budapest treaty deposit details.  The relevant time must be extended up to when the amendments have been allowed.

Therefore the extension request will need to allow sufficient time for the examiner to consider and allow the section 104 request.

Any shortfall of the total fees payable is covered by reg 22.2C and will need to be paid within the time frame set by that regulation.

Note: An extension of time under section 223 is not available to make a deposit of a micro-organism under the Budapest Treaty.  See Relevant Act and The Commissioner’s discretion under “No useful purpose”

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