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 12^th 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 29^th August, 2013 for the invention titled as „Vertical Rotary Parking System‟ (“subject 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 14^th 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 11^th January, 2019 was submitt