Legal Definitions - omnibus claim

An omnibus claim in patent law refers to a type of claim within a patent application that does not specifically define the unique features or elements of an invention. Instead, it broadly refers back to the description, drawings, or examples provided elsewhere in the patent document. Essentially, it claims "the invention as described" or "as illustrated."

Most patent systems, particularly in the United States and Europe, generally do not allow or enforce omnibus claims. This is because patent claims are required to precisely define the scope of the invention, informing others what they cannot make, use, or sell without infringing the patent. Omnibus claims fail this requirement of specificity and definiteness, making it unclear what exactly is being protected. They do not clearly "point out and distinctly claim" the invention, which is a fundamental requirement for patentability.

• Example 1: A Novel Kitchen Appliance

  Imagine a patent application for a new multi-functional kitchen appliance that can chop, blend, and steam food. An applicant might include an omnibus claim stating: "A kitchen appliance substantially as described and illustrated in the accompanying figures."

  How it illustrates the term: This is an omnibus claim because it doesn't specify the unique combination of motors, blades, heating elements, or control mechanisms that make the appliance novel. Instead, it vaguely refers to the entire description and drawings, leaving the exact boundaries of the invention undefined. A patent examiner would likely reject this claim for lack of specificity, requiring the applicant to clearly articulate the inventive features.

• Example 2: A New Software Algorithm

  Consider a patent application for an innovative algorithm designed to optimize data compression. An omnibus claim might read: "A method for data compression as hereinbefore described."

  How it illustrates the term: This claim is an omnibus claim because it fails to detail the specific steps, mathematical operations, or logical structures that constitute the novel algorithm. By simply referring to the general description, it leaves the scope of protection ambiguous. A court or patent office would struggle to determine if another algorithm infringes this claim without a precise definition of its elements.

• Example 3: A Unique Medical Device

  Suppose a company invents a new type of surgical tool with a unique ergonomic grip and a specialized cutting edge. An omnibus claim in their patent application might be: "A surgical instrument having the features and characteristics as set forth in the specification."

  How it illustrates the term: This claim is an omnibus claim because it doesn't enumerate the specific design elements of the ergonomic grip, the material composition of the cutting edge, or the precise mechanism of its operation. It relies entirely on the reader to infer the invention's scope from the broader specification, which is insufficient for a valid patent claim that must clearly define what is protected.