What is an omnibus claim in patent law?
An omnibus claim is a type of patent claim that typically reads as follows: “A device substantially as shown and described.” This type of claim is generally considered problematic in patent law. According to MPEP 2173.05(r), “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…
Read MoreWhat is an “omnibus claim” and how is it addressed in patent examination?
An “omnibus claim” is a type of claim that fails to point out what is included or excluded by the claim language. The MPEP provides a specific form paragraph (7.35) to address omnibus claims in patent examination. According to the MPEP, an example of an omnibus claim is: “A device substantially as shown and described.”…
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