Section 11 – THE PATENTS ACT, 1970
Priority dates of claims of a complete specification —(1) There shall be a priority date foreach claim of a complete specification.(2) Where a complete specification is filed in pursuance of a single application accompaniedby—(a) a provisional specification; or(b) a specification which is treated by virtue of a direction under subsection (3) ofsection 9 as a provisional specification,and the claim is fairly based on the matter disclosed in the specification referred to inclause (a) or clause (b), the priority date of that claim shall be the date of the filing of therelevant specification.(3) Where the complete specification is filed or proceeded with in pursuance of two or moreapplications accompanied by such specifications as are mentioned in sub-section (2) andthe claim is fairly based on the matter disclosed—(a) in one of those specifications, the priority date of that claim shall be the date of thefiling of the application accompanied by that specification;(b) partly in one and partly in another, the priority date of that claim shall be the dateof the filing of the application accompanied by the specification of the later date.(3A) Where a complete specification based on a previously filed application in India has beenfiled within twelve months from the date of that application and the claim is fairly basedon the matter disclosed in the previously filed application, the priority date of that claimshall be the date of the previously filed application in which the matter was first disclosed.(4) Where the complete specification has been filed in pursuance of a further application madeby virtue of sub-section (1) of section 16 and the claim is fairly based on the matterdisclosed in any of the earlier specifications, provisional or complete, as the case may be,the priority date of that claim shall be the date of the filing of that specification in which theTHE PATENTS ACT, 1970Page 15matter was first disclosed.(5) Where, under the foregoing provisions of this section, any claim of a complete specificationwould, but for the provisions of this sub-section, have two or more priority dates, thepriority date of that claim shall be the earlier or earliest of those dates.(6) In any case to which sub-sections (2), (3), (3A), (4) and (5) do not apply, the priority date of aclaim shall, subject to the provisions of section 137, be the date of filing of the completespecification.(7)The reference to the date of the filing of the application or of the complete specification inthis section shall, in cases where there has been a post-dating under section 9 or section 17or, as the case may be, an ante-dating under section 16, be a reference to the date as sopost-dated or ante-dated.(8)A claim in a complete specification of a patent shall not be invalid by reason only of—(a) the publication or use of the invention so far as claimed in that claim on or after thepriority date of such claim; or(b) the grant of another patent which claims the invention, so far asclaimed in the first mentioned claim, in a claim of the same or a later priority date. 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