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2026 Supreme(Online)(Del) 1149

IN THE HIGH COURT OF DELHI AT NEW DELHI
JESAL VIMAL JETHA – Appellant
Versus
CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS – Respondent


* 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 App

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