The furnishing of samples of biological material by the EPO takes place in conformity with Rule 33 EPC
. As a consequence, if the requirements of Rule 33 EPC
are met, samples of biological material are furnished by the EPO in its capacity as designated Office to third parties as from international publication, i.e. during the international phase. The EPO has notified the IB that if the applicant wishes the biological material to be made available only by the issue of a sample to an expert nominated by the requester, the applicant must inform the IB accordingly before completion of the technical preparations for publication of the international application, where such publication takes place in one of the EPO's official languages. If the international application was not published in an official language of the EPO, notification of the expert solution may be submitted until completion of the technical preparations for publication of the translation of this application. The fact that this solution has been chosen will be published on the front page of the published translation of the application.