Why are omnibus claims rejected in patent applications?
Omnibus claims are typically rejected in patent applications because they are considered indefinite. The MPEP 2173.05(r) states:
“This claim should be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it is indefinite in that it fails to point out what is included or excluded by the claim language.”
In other words, omnibus claims do not provide clear boundaries for the invention, making it difficult to determine the scope of protection sought. This lack of clarity violates the requirements of 35 U.S.C. 112(b), which demands that claims particularly point out and distinctly claim the subject matter of the invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(R) - Omnibus Claim,
Patent Law,
Patent Procedure