2 The right of priority may be claimed by the first applicant or the person who has acquired the right belonging to the first applicant to file a patent application in Switzerland for the same invention.60
3 If the first filing, the filing in Switzerland or both were effected by a person who was not entitled to the grant of the patent, the entitled person may claim the priority deriving from that first filing.61
59 Repealed by No I of the FA of 17 Dec. 1976, with effect from 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).