In an interesting development, the Israel Commissioner of Patents, Dr. Meir Noam, has decided that omnibus claims, or at least independent omnibus claims, are no longer acceptable.
Omnibus claims date back to the British patent ordinances that were in force in the pre-state Mandate period. Under UK Law, the “pith & marrow” of a patent is protected, even if there is some flaw in the claims.
The problem with drafting a claim for “A device and method substantially as described and illustrated herein” is that modern patent specifications often include various features that lack novelty or inventive step, and inventiveness is anyway subjective in nature.
It’s probably a good thing that this somewhat anachronistic and vague type of claim is no longer acceptable, but is it within the power of a patent commissioner to cancel a type of claim formerly allowed? Shouldn’t the regulations be written by the Minister of Justice?
Noam has also happily ruled that omnibus claims are incompatible with the 1968 Israel Patent Regulations. Assuming he is right, why didn’t his predecessors notice the incompatibility? Why didn’t he notice it himself in the five years since assuming office?
