the availability referred to in Rule 33 shall be effected only by the issue of a sample to an independent expert nominated by the requester.
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 that he undertakes to comply with the aforementioned requirements and obligations and that he knows of no circumstances which might give rise to justified doubts as to his independence or which might conflict in any other way with his function as expert.
The nomination shall also 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33 until either the date on which the patent expires in all the designated States or, where the application is refused, withdrawn or deemed to be withdrawn, the date referred to in paragraph 1(b), the requester being regarded as a third party.
Date retrieved: 24 November 2017
21 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ EPO 2017, A61 - Notice from the European Patent Office dated 10 July 2017 concerning amended Rules 32 and 33 EPC (expert solution)
XOJ EPO 2017, A60 - Decision of the President of the European Patent Office dated 10 July 2017 concerning the requirements and obligations for experts nominated under Rule 32 EPC
XOJ EPO 2017, A55 - Decision of the Administrative Council of 28 June 2017 amending Rules 32 and 33 of the Implementing Regulations to the European Patent Convention ( CA/D 3/17 )
XOJ EPO 2017, A54 - Report on the 152nd meeting of the Administrative Council of the European Patent Organisation (28 and 29 June 2017)
XOJ EPO 2017, A35 - Synopsis of the territorial field of application of international patent treaties
XOJ EPO 2010, 498 - Notice from the European Patent Office dated 7 July 2010 concerning inventions which involve the use of or concern biological material