Omnibus is the Latin word meaning "for all, for everyone," and as per the dictionary, one of the meaning is “a printed anthology of the works of one author or of writings on related subjects”. Patent claims are expressions, usually follow the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application, when applicable. They are of the utmost importance both in examination proceedings and in litigation, for instance during infringement actions. There are two basic types of claims: independent claims and dependent claims. Claims further can be defined as Jepson claim, Markush claim, Means-plus-function claim, Product-by-process claim, Swiss-type claim and Omnibus claim based on the structure.
Omnibus claims are common in UK and Indian patent practice. They are worth including while filing a patent application. They do have to be drafted carefully to avoid including prior art embodiments. Omnibus claims are not allowed in U.S. patent applications and should be rejected by the patent examiner because such claims are indefinite. See MPEP § 2173.05(r).
An omnibus claim is usually added as the last claim in order to include the drawings and description within the scope of the claims. So, while the claims put boundaries of what is being claimed as invention, the omnibus claim expands those boundaries to include the parts of the invention mentioned in the specification and drawings but not expressly mentioned in the claims. The omnibus claim is usually used in order to ensure that nothing that has been mentioned in the description and drawings has been left out of the claims. In India, it is possible to exclude an omnibus claim. The Indian Patent Office does not require the inclusion of omnibus claims, and in fact, specifies in its Manual of Patent Procedure that omnibus claims are allowed only if the specification includes a statement of invention. However, omnibus claims are very useful in ensuring that any aspect of the description that has been omitted by accident will be incorporated by reference. For this reason, it is recommended to include omnibus claims for the sake of protecting whatever is disclosed in the drawings and specification apart from the claims. Probably it’s just a tool used by patent drafters now to 'feel' safe that they have covered everything.
Omnibus claims are common in UK and Indian patent practice. They are worth including while filing a patent application. They do have to be drafted carefully to avoid including prior art embodiments. Omnibus claims are not allowed in U.S. patent applications and should be rejected by the patent examiner because such claims are indefinite. See MPEP § 2173.05(r).
An omnibus claim is usually added as the last claim in order to include the drawings and description within the scope of the claims. So, while the claims put boundaries of what is being claimed as invention, the omnibus claim expands those boundaries to include the parts of the invention mentioned in the specification and drawings but not expressly mentioned in the claims. The omnibus claim is usually used in order to ensure that nothing that has been mentioned in the description and drawings has been left out of the claims. In India, it is possible to exclude an omnibus claim. The Indian Patent Office does not require the inclusion of omnibus claims, and in fact, specifies in its Manual of Patent Procedure that omnibus claims are allowed only if the specification includes a statement of invention. However, omnibus claims are very useful in ensuring that any aspect of the description that has been omitted by accident will be incorporated by reference. For this reason, it is recommended to include omnibus claims for the sake of protecting whatever is disclosed in the drawings and specification apart from the claims. Probably it’s just a tool used by patent drafters now to 'feel' safe that they have covered everything.
