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Simple English definitions for legal terms
omnibus claim
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A quick definition of omnibus claim:
An omnibus claim is a statement in a patent application that describes the unique features of an invention and defines the scope of protection for the patent. It is a formal way of summarizing the points of novelty of the invention and is usually followed by a fixed form. An omnibus claim is rejected in the United States but is accepted elsewhere. It is also known as a nonstatutory claim and is different from a design claim, which is the single claim allowed in an application for a design patent.A more thorough explanation:
An omnibus claim is a type of patent claim that does not distinctly describe how a function is carried out, but instead refers to the drawings or description of the invention. It is a formal statement that defines the scope of the patent's protection. This type of claim is also known as a nonstatutory claim.
- A patent claim that refers to a drawing or description with phrases such as "as described and shown."
- A chemical-patent claim consisting only of the name of the new material.
- A claim in a patent application that does not distinctly narrate a means to carry out a function.
These examples illustrate how an omnibus claim can be used in a patent application. It is important to note that omnibus claims are rejected in the United States but are accepted elsewhere. They are not as effective as other types of claims because they do not clearly define the invention and its novel features.