The priority date is to protect the novelty of the invention over the inventions for which application for the same subject matter is filed at later date
The priority date is to protect the novelty of the invention over the inventions for which application for the same subject matter is filed at later date.
Section 11A(7) provides the provisional protection of the invention from the date of publication of the application, according to which, accordingly, the patent right accrue from the date of publication of a patent application under section 11(A). However, as per Section 11A(7), the patent right can be enforced only when patent is granted i.e. the patentee can claim the damages from said date of publication only after the patent is granted and, also, the applicant is not entitled to institute any infringement proceeding until grant of patent.
