1. The interpretation to be placed on rule 7 of the Patents Rules, 2003, arises for consideration in this writ petition. The brief facts of the case are as follows:

2. The petitioner submitted an application for a patent under section 7 of the Patents Act, 1970 (hereinafter referred to as ‘the Act’ for short) accompanied by a provisional specification relating to “The method and manner of a device for mechanical automatic water level controller”. The fee payable on an application for a patent accompanied by a provisional specification by a natural person at the relevant time was Rs.1,000/-. The petitioner however paid only Rs.750/- as fee by demand draft dated 17.1.2005 drawn on City Union Bank Ltd. Since there was a deficiency in the fee payable, the petitioner was called upon to pay the deficit fee of Rs.250/- which he paid by demand draft dated 5.2.2005. Thereupon a receipt dated 17.2.2005 [Ext.P1(2)] was issued to his attorney. It was mentioned therein that a formal receipt for application number will follow. On the same day the original of Ext.P1 receipt No.44 dated 17.2.2005 was issued wherein the date 17.2.2005 was entered after striking off the following entry namely, 19.01.05 3:07:30 PM. It was also stated therein that the application has been numbered as Patent Application No.44/CHE/2005 and the date and time of submission of the application was mentioned as 19.01.05, 3:07:30 PM.

3. Section 7(1) of the Act stipulates that every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office. Sub section (4) of section 78 of the Act stipulates that every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification. Section 9(1) of the Act stipulates that where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application. It is also stipulated that if the complete specification is not so filed, the application shall be deemed o be abandoned. The petitioner submitted the complete specification on 20.1.2006, well within the period of one year from the date on which he remitted the fee of Rs.1,000/- ion full. No objection was taken to the filing of the complete specification and his application was not treated as abandoned for non filing of the complete specification within 12 months from the date of filing of the application as stipulated in sub section (1) of section 9 of the Act.

4. Section 11 of the Act stipulates that there shall be a priority date for each claim of a complete specification. In sub section (2) thereof it is stipulated that where a complete specification is filed in pursuance of a single application accompanied by a provisional specification, the priority date of that claim shall be the date of filing of the relevant specification, meaning thereby the provisional specification. Section 118 of the Act stipulates that no application for a patient shall be examined unless the applicant or any other interested person makes a request in the prescribed manner, for such examination, within the prescribed period. The period for submission of a request for examination of an application for a patent is prescribed in rule 24B of the Patents Rules, 2003 (hereinafter referred to as ‘the Rules’ for short), wherein it is stipulated that a request for examination under section 11B shall be made in Form 18, within 48 months from the date of priority of the application, or, from the date of filing of the application, whichever is earlier.

5. The petitioner applied for examination of his application for a patent, by submitting Ext.P2 application dated 17.12.2008. The fee payable by