Where the invention concerns a micro-organism, any person may, either from the date of publication provided for in Article R. 612-39, or before that date if it has been notified of a copy of the patent application, request access to the culture filed in accordance with Articles R. 612-14 and R. 612-15.
The request is made in writing to the National Institute of Industrial Property. It shall include, in particular, the name and address of the applicant and his undertaking:
1° Not to communicate the crop or a crop derived therefrom to anyone, unless the patent application has been rejected or withdrawn or the patent has ceased to have effect;
2° Not to use the crop or a crop derived therefrom other than for experimental purposes, unless the patent application has been rejected or withdrawn or the mention of the grant provided for in Article R. 612-74 has been published; however, the latter undertaking shall not prevent the use of the crop under a compulsory licence or an ex officio licence.