9° innovations whose commercial use is contrary to public order and to morality.
The provisions of paragraph (1) of this article shall not apply to the following inventions:
1° process innovations which, in whole or in part, consist of steps that are performed by a
computer and are directed by a computer program; and
2° product innovations consisting of elements of a computer-implemented innovation,
including in particular:
a) machine-readable computer program code stored on a tangible medium such as a
floppy disk, or any kind of disks or computer memory; and
b) a general purpose computer whose novelty over the prior art arises primarily due to its
combination with a specific computer program.
It is understood that applicants who have filed utility model applications for computer
programs and computer-related innovations listed in paragraph (2) of this article have waived
from their right of seeking copyright protection, if applicable.
SECTION 2: UTILITY MODEL OWNERSHIP
Article 60: Right to the utility model certificate
The right to a patent of utility model shall belong to the inventor. The right to the patent of
utility model is a personal property and may be assigned or transferred by means of
succession.
The right to the patent of utility model may be subject to security or mortgaged.
Article 61: Invention made by several persons; first applicant principle
Where two or more persons have jointly made an invention of utility model, the right to the
patent shall belong to them jointly.
Where the invention of utility model has been carried out jointly by two or more persons, the
use of the patented invention of utility models by one of the owners shall not require the
agreement of the other owners. However, the owners of utility model may only conclude
jointly license agreements relating to the patent of utility model.
Where and insofar as two or more persons have carried out the same invention of utility
model independently of each other, the right to the patent shall belong to the person who has
filed the application whose filing date or, where priority is claimed, the validly claimed
priority date, is the oldest, as long as said application has not been withdrawn, abandoned or
rejected. In order to establish the right of preference, the empowered authority shall take into
account the matter claimed in the applications.
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