JESAL VIMAL JETHA vs CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADE MARKS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 08.01.2026 Judgment delivered on: 23.01.2026 + C.A.(COMM.IPD-PAT) 233/2022 JESAL VIMAL JETHA .....Appellant Through: Ms. Deepshikha Malhotra & Mr. Dhavish Chitkara, Advocates. versus CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADE MARKS .....Respondent Through: Ms. Arunima Dwivedi, CGSC along with Ms. Priya Khurrana & Ms. Himanshi Singh, Advocates. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. The present appeal has been filed under Section 117A(ii) of the Patents Act, 1970 (hereinafter referred to as “the Act”) by the appellant impugning the order dated 07.10.2020 of the learned Controller of Patents refusing the Patent Application No. 20181101422, stated to have been passed at the stage of examination of the Patent Application on the ground that the objection regarding Section 2(1)(ja) of the Act is still not met. 2. The facts in brief are as under: a) The appellant submitted its Patent Application No. 20181101422 with the Patent Office, New Delhi, on 12.04.2018, under the title “A Comforter System Having an Application in Conjunction with a Supporter.” It is stated that the said Patent Application was published on 01.06.2018. An application for request for examination under Form 18A Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 233/2022 Page 1 of 12 By:YASHRAJ Signing Date:23.01.2026 17:17:07 of the Act was filed by the agent/attorney of the applicant on 06.01.2020. It is stated that the First Examination Report (hereinafter referred to as “FER”) was issued by the Patent Office on 10.01.2020. b) The present invention pertains to a comforter system with a supporter for therapeutic use, providing support and comfort to users in various settings, including in