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Simple English definitions for legal terms
nonstatutory claim
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A quick definition of nonstatutory claim:
A nonstatutory claim is a type of claim in a patent application that does not distinctly describe how to carry out a function but instead refers to the drawings or description. It is also known as an omnibus claim. This type of claim is rejected in the United States but accepted elsewhere. Patent claims are formal statements that describe the novel features of an invention and define the scope of the patent's protection. There are different types of patent claims, such as apparatus claims, method claims, product claims, and design claims.A more thorough explanation:
A nonstatutory claim is a type of claim in a patent application that does not distinctly narrate a means to carry out a function but rather refers to the drawings or description. It is also known as an omnibus claim. This type of claim is rejected in the United States but is accepted elsewhere.
An example of a nonstatutory claim is a claim that refers to the drawings or description of an invention without distinctly narrating a means to carry out a function. For instance, a patent application for a new type of car may include a nonstatutory claim that refers to the drawings or description of the car without distinctly narrating how the car works.
This type of claim is not allowed in the United States because it does not clearly define the scope of the patent's protection. It can create loopholes that infringers can take advantage of, and the inventor may not receive all they are entitled to.