Quick Navigation

Print
 

Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
VI. Biological material & nucleotide and amino acid sequences
Waiver under Rule 33(2) EPC
Waiver under Rule 33(2) EPC
521
The issue of a sample of biological material may be requested by any person under the conditions set out in Rule 33(1) EPC and 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.
R. 33(2) EPC
OJ 2010, 498
522
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.