Routine omnibus – not routine anymore in the UK

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.[i] 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 continue to be effective

Omnibus claims are added to patents in some jurisdictions as a catch all warning to potential infringers. They generally take the form of “the product/method substantially as described with reference to the drawings and/or examples”.   In the recent case of Reckitt Benckiser Healthcare (UK) Ltd v GlaxoSmithKline Australia Pty Ltd (No 5) [2015] FCA 486, the trial judge found for the defendant, that