Define: Omnibus Claim

In a patent application, an omnibus claim outlines the distinctive characteristics of an invention and establishes the extent of patent protection. This formal summary of the invention’s novel aspects is typically accompanied by a standard format. While an omnibus claim is not recognized in the United States, it is accepted in other countries and referred to as a nonstatutory claim. It should not be confused with a design claim, which is the sole claim permitted in a design patent application.

An omnibus claim is a type of patent claim that does not provide a clear description of how a function is performed, but instead refers to the drawings or description of the invention. It serves as a formal statement that outlines the extent of the patent’s protection. This type of claim is also referred to as a nonstatutory claim. For instance, a patent claim may refer to a drawing or description using phrases like “as described and shown.” Another example is a chemical-patent claim that only includes the name of the new material. Additionally, a claim in a patent application may fail to clearly explain how a function is carried out. These examples demonstrate the use of an omnibus claim in a patent application. It is important to note that omnibus claims are not accepted in the United States but are allowed in other countries. They are considered less effective than other types of claims because they do not provide a clear definition of the invention and its unique features.

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This glossary post was last updated: 17th April 2024.