PRATIBHA BONNERJEA, J.

( 1 ) THIS is an application Under Section 71 of the Patents Act 1970 for rectification of the entry relating to Patent No. 139978 in the register of the respondent. This application is contested by the respondent.

( 2 ) IT is alleged in the petition that Chlorothio-N-Phthalimide is a novel compound and is a new intermediate product suitable for producing various products such as herbicidai compounds or auxiliary agents for rubber. This compound can also be used in the preparation of other compounds which in turn can be used in the treatment of disease in human beings and animals. But this compound by itself is not intended nor is capable of being used as a drug or medicine as defined in Section 2 (1) (1) of the Act. The respondent, however, wrongly classified this product as a 'drug' and fixed the period of the patent for 7 years from the date of the sealing. According to the petitioner the period of this novel compound should have been 14 years by virtue of the provision of Section 53 of the Act. Hence this application for rectification of the register by deleting 7 years and inserting in its place 14 years.

( 3 ) THE respondent filed an affidavit-in-opposition affirmed on 12-1-1981 by one Shanti Kumar Joint Controller of Patents and Designs. According to the respondent this compound is a medicine or drug within the meaning of Section 2 (1) (11 of the Patents Act 1970 and as such the period of patent should be limited to 5 to 7 years from the date of sealing or the date of the patent whichever term is shorter, under the provision of Section 53 (1) (a) of the said Act. Classification of this compound and its 7 years term have been correctly done in accordance with this Act. The respondent further stated that the petitioner as a patentee did not raise any objection when the patent document was issued to him on 28-6-1977 providing for 7 years time from 5-5-1974. This belated application is barred by limitation.

( 4 ) ACCORDING to the respondent's counsel, the application under Section 71 of the Act would be governed by the residuary Article 137 of the Limitation Act of 1963 and as such the application should have been taken out within 3 years from the date of receipt of the patent documents on 28-6-1977 when his right to apply accrued. This application was made on 1-12-1980 and was out of time. The counsel for the petitioner submitted that the Act was a complete and a self-contained Code and in respect of any application under this Act, the Limitation Act of 1963 would not apply. In support of his contention he relied on (K. Venkateswara Rao v. Bekkam Narasimha Reddy ). This is a case on Representation of the People Act of 1951 as amended in 1966. The Supreme Court after construing different sections of this Act held that the Act was a complete and a self-contained Code which did not admit of the introduction of the principles or the provisions of law contained in the Limitation Act. The petitioners' counsel also construed various sections of the Patents Act. of 1970 and incited my attention to the provisions of different sections to show that whenever this Act wanted to out a time limit, the relevant sections have made express provisions for the same. Therefore Limitation Act of 1963 would have no application. According to him there was no time limit for an application under Section 71 of the Act. The next case relied on by him was (Hukumdev Narain Yadav v. Lalit Narain Misra ). This was also a case on Representation of the People Act 1951 and it was held that the Act being self-contained and complete, the provision of Section 5 of the Limitation Act would not apply. He also cited AIR 1942 All 429 (FB) (Raja Pande v. Sheopuian Pande) where a Division Bench of that High Court had held that the Provincial Insolvency Act was a self-contained Act and Limitation Act of 1908 would not apply.

( 5 ) THE respondent's counsel Mr. N. C. Roy Chowdhury invited my attention to Section 71 of the Patents Act 1970 w

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