Omnibus claims consequential amendment

At a glance

Policy ID: 83

Status: Completed

Priority: High


Issue summary

The Raising the Bar Act introduced s40(3A) into the Patents Act to prohibit omnibus claims unless it is absolutely necessary to define the invention. Due to drafting oversight the amendment only allowed this to be considered during the examination of patent applications. It failed to allow reporting on this requirement at other stages.

Amendments to the Patents Act to allow patents specifications to be assessed for their compliance with s40(3A) during re-examination, opposition or revocation proceedings, or when amendments are proposed to the specification will ensure omnibus claims cannot be introduced at other stages.


  • Legislative drafting 26 March 2018
  • Consultation 23 July 2018 to 31 August 2018
  • Legislative drafting 1 September 2018
  • In Parliament 25 July 2019
  • Royal Assent 26 February 2020
  • Completed 26 February 2020


This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 which commences on 27 February 2020. 

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