Missing the bus

Omnibus claims laconically claim the invention as described in the specification and/or illustrated in the figures of a patent application, instead of reciting strctural detail or listing method steps.

Back in 2008, the then Israel Commissioner of Patents, Dr Meir Noam, banned independent omnibus claims as being unclear, see here. That was some five years after Dr Noam assumed office. He failed to  explain why their clarity had suddenly changed for the worst, or why he’d suddenly noticed.

The present Commissioner of Patents, Mr Assa Kling, has now issued a circular ruling (Circular 008/011) due to the inherent lack of clarity, omnibus claims will henceforth not be allowed, whether submitted in dependent or independent form.

COMMENT

He is, of course correct, but then again, they are no more unclear now than they were previously. We hope that this indicates that henceforth, dependent claims are going to be examined on their merits. We also wonder if there is any scope for Israel courts to enforce the “pith and marrow” of a patent, regardless of claim deficiencies.

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