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Chapter IX Applications available to the public 30. (1) When the documents of a utility model application, prior to the creation being registered, is made available to the public under section 16 of the Utility Models Act, the abstract shall be published. Copies of the published abstract shall be obtainable from the Patent Office against payment. If the application has been shelved or it has been decided to refuse the application, the documents shall not be made available to the public unless the applicant requests resumption, makes a complaint against the refusal or invokes the provisions in section 44 of this Order. (2) The advertisement to be made when an application is made available to the public shall state the number and classes of the application, its date of filing, the effective date, if different from the date of filing, the title of the creation, and the applicant's name or firm name and mailing address, and the creator's name and mailing address. If priority has been claimed, the advertisement shall also state where the application whose priority is claimed was filed, the date of filing of the said application and its number. If the application is made on the basis of a patent application under section 6 of the Utility Models Act, the advertisement shall state the nature of the patent application, cf. section 13(1), the date of filing of the application and its number. If the application includes a deposit of a sample of biological material, this shall be stated in the advertisement. If the applicant has requested under section 8(2) of the Utility Models Act that a sample shall be furnished only to an expert in the art, that shall also be advertised. (3) If the translation of the description and the utility model claims of an international application have been amended prior to the expiry of the time limit applying under section 41 of this Order, but after the files of the application have been made available to the public, that fact shall be advertised. 31. (1) A request under section 8(2) of the Utility Models Act for the furnishing of a sample of deposited biological material shall be filed with the Patent Office and drawn up in accordance with Rule 11 of the Regulations under the Budapest Treaty. (2) If the request referred to in subsection 1 hereof is made before the utility model application to which the deposit relates has been finally decided upon, the person requesting the sample shall undertake vis-a-vis the applicant to use the sample for experimental purposes only, until such time as the application is finally decided upon, and not to make the sample available to any third party within the same period or, if the creation is registered as a utility model, until such time as the utility model registration ceases to have effect. (3) If the request referred to in subsection 1 hereof is made for a sample of a deposit relating to a utility model registration, the person requesting the sample shall undertake vis-a-vis the proprietor of the utility model not to make the sample available to any third party until such time as the utility model registration ceases to have effect. (4) As far as biological material derived from the sample is concerned, biological material which still exhibit the characteristics of the deposited biological material which are essential to carrying out the creation, the person requesting the sample shall accept the same obligations as those applying to the sample. (5) Where the person requesting the sample is required to accept the said obligations, it shall be done in a declaration accompanying the request. 32. (1) A request under section 8(2) of the Utility Models Act to the effect that the furnishing of a sample shall only be effected to an expert in the art shall be submitted to the Patent Office not later than on the date on which the application is made available to the public under section 16 of the Utility Models Act. (2) If the furnishing of a sample may only be effected to an expert in the art, cf. subsection 1 hereof, the request for a sample shall indicate the expert to be used. The request shall be accompanied by a declaration from the expert in which he accepts the obligations vis-a-vis the applicant to the extent referred to in section 31(2) and (4) of this Order. In those cases the person making the request shall not be required to make any declaration himself. (3) Any person entered on a list drawn up by the Patent Office or any person approved by the applicant in the individual case may be used as an expert. 33. Notwithstanding any declaration made under sections 31 and 32 of this Order, biological material derived from a furnished sample may be deposited for the purpose of a new utility model or patent application, if the deposit of the derived biological material is required for that application. 34. If a request has been made for the furnishing of a sample, and if under the Utility Models Act or this Order there is nothing to prevent such furnishing, the Patent Office shall issue a certificate to that effect. The Patent Office shall transmit the request for the furnishing of a sample and the certificate to the depositary institution with which the sample is deposited. At the same time, the Patent Office shall transmit a copy of the request and the certificate to the applicant or the proprietor of the utility model.

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