Until completion of the technical preparations for publication of the European patent application, the applicant may inform the European Patent Office that,
until the publication of the mention of the grant of the European patent or, where applicable,
for twenty years from the date of filing, if the application is refused or withdrawn or deemed to be withdrawn,
the availability referred to in Rule 33 shall be effected only by the issue of a sample to an expert nominated by the requester.
The following may be nominated as an expert:
any natural person, provided that the requester furnishes evidence, when filing the request, that the nomination has the approval of the applicant;
any natural person recognised as an expert by the President of the European Patent Office.
The nomination shall be accompanied by a declaration from the expert vis-à-vis the applicant in which he enters into the undertaking given under Rule 33 until either the date on which the patent expires in all the designated States or, where the application is refused, withdrawn or deemed to be withdrawn, the date referred to in paragraph 1(b), the requester being regarded as a third party.