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ARTICLE · 16 MARCH 2017

Routine omnibus claims in patent applications – not routine anymore in the UK

These changes are intended to simplify, clarify and bring greater certainty to users of the UK patent system.

AustraliaIntellectual Property

From the 6 April 2017, the United Kingdom Intellectual Property Office ("UKIPO") will only allow omnibus claims in United Kingdom (UK) patent applications and European patent application designating Great Britain (GB) in limited instances.1 Furthermore, it will no longer be possible to amend a granted UK patent or a European patent designating GB to include one or more omnibus claims. However, it will not be a ground of revocation for a granted UK patent to have an omnibus claim.2

The change has been adopted after stakeholder consultation and a UKIPO review of omnibus claim practice.3 Indeed this is one of several practice "improvements" being administered by the UKIPO after public consultation in 2016 regarding a set of proposed changes to the Patents Rules 2007 which set out the procedural and administrative requirements that apply to patents and patent applications in the UK. These changes are intended to simplify, clarify and bring greater certainty to users of

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