Between publication of a patent application and issuance of the patent, if a 3rd party commences to use an invention or utility solution which is identical with the invention or utility solution described in the application, the applicant shall be entitled to warn such party of the filed application. If, in spite of the above warning, this party continues using the invention or utility solution, the patent owner, after being granted, shall be entitled to seek damages for patent infringement for activities occurring between publication of a patent application and issuance of the patent.