Waiver under Rule 33(2) EPC
The issue of a sample of biological material may be requested by any person under the conditions set out in Rule 33(1) EPC. It requires that the requester has undertaken vis-à-vis the applicant in accordance with Rule 33(2) EPC not to make the biological material concerned available to any third party and to use that material for experimental purposes only, until such time as the European patent application is refused or withdrawn or deemed to be withdrawn, or before the European patent has expired in all the designated states.
OJ 2010, 498
In Form 1200, Section 8, the applicant is given the option of waiving his right to an undertaking by the requester pursuant to Rule 33(2) EPC on condition that the applicant is the depositor of the biological material. A waiver may, however, be filed at any time in the form of a signed statement containing a specification of the biological material concerned.

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