DONG YANG PC, INC vs CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A. (COMM.IPD-PAT) 60/2024 DONG YANG PC, INC .....Appellant Through: Mr. Pravin Anand, Mr. Ravi Aggarwal, Advocates (M:9910696749) versus CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Ankur Mittal, CGSC with Mr. Aviraj Pandey, Advocates (M:8827993500) Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 01.07.2025 MINI PUSHKARNA, J: 1. The present appeal has been filed under Section 117A of the Patents Act, 1970 (“Patents Act”) against the order dated 12th April, 2024, passed by the respondent, i.e., Controller of Patents and Designs. By way of the impugned order, the respondent rejected the appellant‟s Indian Patent Application no. 2554/DEL/2013 (“subject application”), under Section 15 of the Patents Act. 2. Brief facts relevant to decide the present appeal, are as follows: 2.1 The appellant filed the subject application on 29th August, 2013 for the invention titled as „Vertical Rotary Parking System‟ (“subject Signature Not Verified Digitally Signed C.A. (COMM.IPD-PAT) 60/2024 Page 1 of 32 By:HARIOM Signing Date:01.07.2025 18:05:46 invention”), used as a parking system so as to park as many vehicles as possible in a narrow space. 2.2 A request for examination of the said application was filed on 04 th September, 2013. The application was published under the provisions of Section 11A of the Patents Act. 2.3 The application was examined and subsequently the First Examination Report (“FER”) was issued on 14th August, 2018 by the respondent in terms of Sections 12 and 13 of the Patents Act. 2.4 In response to the objections raised in the aforesaid FER, a response dated 11th January, 2019 was submitted by the appellant before the Indian Patent Office. 2.5 The opponent, i.e.,