45 Micro-organism ceasing to be reasonably available

(1)

A patent may be revoked under section 99 or subpart 11 on the ground referred to in section 114(1)(c) (which relates to complete specifications that do not comply with this subpart) if—

(a)

the patent was granted for an invention that involves the use, modification, or cultivation of a micro-organism, other than a micro-organism mentioned in section 42(1); and

(b)

the micro-organism was, at the filing date of the complete specification, reasonably available to a person skilled in the relevant art in New Zealand; and

(c)

the micro-organism has ceased to be reasonably available to a person skilled in the relevant art in New Zealand.

(2)

This section does not limit section 39(1).