11.086. What possibility is there, when a reference is made in an international application to the deposit of biological material, of third persons obtaining a sample? The furnishing of samples is governed by the national laws applicable in the designated Offices. Rule 13bis.6, however, provides for the delaying of any furnishing of samples under the national law applicable in each of the designated (or elected) Offices until the start of the national phase, subject to the ending of this delaying effect brought about by the occurrence of either of the following two events:
(i) the applicant has, after international publication of the international application, taken the steps necessary to enter the national phase before the designated Office (see National Phase, paragraph 4.001);
(ii) international publication of the international application has been effected, and that publication has the same effects, under the national law applicable in the designated Office, as the compulsory national publication of an unexamined national application (in other words, the international application has qualified for the grant of provisional protection); for the Contracting States whose national laws provide for provisional protection, and the conditions which have to be met for an international application to qualify for that protection, see Annexes B.
11.087. With respect to certain designated Offices (for instance, the European Patent Office), the applicant may take advantage of the procedure whereby, until the occurrence of a certain event, the biological material may be made available only by the issue of a sample to an expert nominated by the requester. For details, see Annex L.
Date retrieved: 24 November 2017