INFORMATION FROM THE EPO
Notices of the President of the EPO
Notice of the President of the EPO dated 28 July 1981 concerning the procedure for informing the EPO that the "expert" option (Rule 28, paragraph 4, EPC) has been chosen, and the publication of that fact
1. As provided for in Rule 28, paragraph 4, of the European Patent Convention, until the date on which the technical preparations for publication of the European patent application are deemed to have been completed, the applicant may inform the European Patent Office that, until the publication of the mention of the grant of the European patent or until the date on which the application has been refused or withdrawn, the availability of the micro-organism deposited for the purpose of the said Rule shall be effected only by the issue of a sample to an expert.
2. The information referred to in point 1 of this Notice must be supplied in the form of a written statement addressed to the EPO and separate from the description and claims of the European patent application. It may be submitted in the request for the grant of a European patent referred to in Rule 26 of the European Patent Convention.
3. If the statement is admissible, the fact that it has been made will be mentioned in the published European patent application, on a separate form (EPA/EPO/OEB Form 1165).