5.6 Biological material and nucleotide and amino acid sequences
5.6.2.Waiver under Rule 33(2) EPC
5.6.004The issue of a sample of biological material may be requested by any person under the conditions set out in Rule 33(1) EPC. Rule 33(2) EPC requires that the requester has undertaken vis-à-vis the applicant not to make the biological material, or any biological material derived therefrom, 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to use that material for experimental purposes only, until such time as the European patent application is refused or withdrawn or deemed to be withdrawn, or before the European patent has expired in all the designated states.
5.6.005In Form 1200, Section 8, applicants are given the option of waiving their right to an undertaking by the requester pursuant to Rule 33(2) EPC on condition that they are the depositor of the biological material. The waiver must be submitted in a separate letter in the form of a signed statement containing a specification of the biological material concerned. Such waiver may be filed at any time during the proceedings before the EPO.