* 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 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 institutional and domestic use, such as hospitals, nursing homes, clinics, chairs, beds, recliners, sofas, or seats of vehicles, aircraft, or ships. The invention addresses issues such as backache, slip disc, cervical, and improper posture, and offers customization to suit individual users' needs, allowing for adjustments to components such as head, neck, independent left and right shoulder and other parts of the body. These components can be independently adjusted by the user, either manually or electronically, to provide therapeutic and recreational benefits.

The invention overcomes limitations of prior arts, which are mass-produced with a "one-size-fits-all" approach and offer limited customization, typically restricted to parameters like temperature, pressure, and vibration. In contrast, the present invention allows for extensive customization, considering factors such as:

i.⁠ ⁠Weight, Height, Build and Posture of user ii.⁠ ⁠Individual/multiple muscles needing attention/support iii.⁠ ⁠Incremental support for specific areas, such as vertebrae iv.⁠ ⁠Place of use such as bed, chair, seat and standing, etc.

v.⁠ ⁠Users with different spinal curves, different head shapes and different weight distribution in their body vi.⁠ ⁠Provide stimulus to paralyzed users or otherwise vii.⁠ ⁠Portability and user-friendliness, allowing operation without assistance viii.⁠ ⁠Users with different shoulder widths ix.⁠ ⁠Gender of the user x.⁠ ⁠Use for transporting/storing equipment/ items requiring care As per the appellant, the invention's customization capabilities enable it to cater to diverse user needs, such as cervical relief for a tall person lying in bed, lower-back pain for a small child standing, or support for a person with a dislocated shoulder sitting in a chair. Additionally, the invention can benefit users with skin ulcers/other skin concerns, thereby creating an indentation to reduce pressure on affected areas and promote blood flow and circulation.

c) The appellant further submitted that the invention contains a plurality of compartments positioned according to the structure of the human body such that the compartments can be moved laterally and longitudinally. It is claimed that the compartments may also be adjusted in the vertical plane by adjusting the pressure within the compartment in order to take