Patent documents are fundamental role in preserving and disseminating new technologies, both nationally and internationally. By filing a patent, the inventor temporarily secures their right to commercialize a specific invention in exchange for disclosing their findings.<\/p>\n
To obtain patent rights for their invention, the inventor must submit documentation to the office responsible for intellectual property in the country where they wish to apply for rights. This documentation includes a specification, claims, drawings, and a abstract. The office handling the application typically conducts a technical examination to determine if the application meets the required conditions.<\/p>\n
Among these conditions is the descriptive sufficiency of the invention, which aims to ensure that interested parties can reproduce the subject matter. The criterion of descriptive sufficiency is common in most patent offices worldwide, including Brazil, where the evaluation of patentability requirements is conducted by the National Institute of Industrial Property (INPI), with examiners ensuring compliance with legal provisions.<\/p>\n
The Industrial Property Law (LPI), Law No. 9,279 of May 14, 1996, is the main legal instrument regulating rights and obligations in the field of industrial property in Brazil. Within this legislation, the need for descriptive sufficiency for patent applications is established, as provided for in Article 24: \"The report must clearly and sufficiently describe the object, enabling its realization by a skilled person in the field and indicating, when applicable, the best method of execution.\"<\/p>\n
To provide a more precise interpretation of this article, the INPI developed Instruction Normative IN30\/2013, which details the mandatory specifications for the specification, including auxiliary methods for clear and sufficient description of the object. Furthermore, the INPI established the Examination Guidelines for Patent Applications - Block I, through Resolution No. 124 of December 4, 2013. In the \"Descriptive Sufficiency\" section of the document, it is defined that the skilled person in the field is one who has average knowledge of the technical field of the application, being able to conduct usual experiments for the realization of the invention. However, the patent application must contain sufficient information for the skilled person to carry out the invention without the need for undue experimentation, and their contribution to the state of the art must be notable. Undue experimentation refers to seeking knowledge beyond what was described in the application text.<\/p>\n
Also concerning the LPI, the reference to the need for descriptive sufficiency is not limited to Article 24; Article 41 reinforces the importance of descriptive sufficiency in a patent document. This article emphasizes that, although the scope of protection is limited to the claimed content, its interpretation must be based on the specification, highlighting the need for a precise description of the invention to ensure its proper understanding. Additionally, it is important to note Article 50(II) of the LPI, which determines the invalidity of the application if it does not meet the requirements of descriptive sufficiency.<\/p>\n
In this sense, the importance of preparing a comprehensive descriptive report when submitting a patent application is evident. The lack of adequate detail can lead to the invalidity of the application, as stipulated in Article 50(II) of the LPI. It is essential to emphasize that, once considered deficient in this aspect, the application cannot be corrected by adding new information, as described in Article 32 of the LPI. Thus, the detailed drafting of the specification from the outset of the process is crucial to avoid patent invalidation.<\/p>\n
Finally, it is worth noting that the requirement of descriptive sufficiency is justified by the fact that the exchange of commercial rights over the invention for its publication will only be effective if the invention can be understood and reproduced from that publication, enabling the sharing of new knowledge and fostering the development of new technologies. Otherwise, the state would grant the inventor a \"temporary monopoly\" over their invention without obtaining the expected benefits.<\/p>\n
<\/p>\n
by Vin\u00edcius Miranda Patitucci - Mechanical Engineer by PUC-PR and Master in Intellectual Property in course by the BPTO.<\/em><\/p>","protected":false},"excerpt":{"rendered":" Os documentos de patente desempenham um papel fundamental na preserva\u00e7\u00e3o e divulga\u00e7\u00e3o de novas tecnologias, tanto em \u00e2mbito nacional, quanto internacional. Ao depositar uma patente, o inventor assegura temporariamente seu direito sobre a comercializa\u00e7\u00e3o de uma determinada inven\u00e7\u00e3o em troca da divulga\u00e7\u00e3o de suas descobertas. Para obter o direito de patente sobre sua inven\u00e7\u00e3o, o […]<\/p>\n","protected":false},"author":26,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8106","post","type-post","status-publish","format-standard","hentry","category-leao-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/8106","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/users\/26"}],"replies":[{"embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/comments?post=8106"}],"version-history":[{"count":1,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/8106\/revisions"}],"predecessor-version":[{"id":8107,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/8106\/revisions\/8107"}],"wp:attachment":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/media?parent=8106"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/categories?post=8106"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/tags?post=8106"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}