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 indefinite in that it fails to point out what is included or excluded by the claim language.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(R) - Omnibus Claim,
Patent Law,
Patent Procedure