For the application of Article R. 612-42 (1° and 2°), a derived crop is any crop that still has the characteristics of the registered crop that are essential for implementing the invention. The undertakings provided for in Article R. 612-42 (1° and 2°) do not prevent the deposit of a derived culture for the purposes of patent proceedings.
The applicant for the patent may indicate by a written declaration made before completion of the technical preparations for publication referred to in Article R. 612-39 that, until publication of the grant of the patent, the withdrawal or rejection of the application, only an expert appointed by the applicant may have access to the culture filed.
The following may be appointed as an expert by the applicant:
1° Either any natural person, provided that the applicant furnishes proof, when filing the application, that the applicant for the patent has given his consent to such appointment;
2° Or any natural person appearing on a list drawn up by the Director General of the National Institute of Industrial Property.
The expert shall have access to the culture filed under the conditions provided for in Article R. 612-42 and must subscribe to the undertakings provided for therein; these shall also apply with regard to the applicant.
A note shall be made on the request, where appropriate, by the National Institute of Industrial Property, that a patent application relating to the micro-organism has been filed and that the applicant or the expert appointed by him has the right to obtain a sample of the culture. A copy of the request thus completed shall be communicated to the body with which the culture has been deposited and to the applicant or patent holder.