Why are omnibus claims rejected in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.

Topics: MPEP 2100 - Patentability MPEP 2173.05(R) - Omnibus Claim Patent Law Patent Procedure
Tags: Aia Practice