Luís Vieira

Descriptive sufficiency is one of the pillars of the patent system and is an indispensable requirement for the validity of any patent application, as provided in Article 24 of Law No. 9.279/96 (Brazilian Industrial Property Law – LPI). This requirement establishes that the specification, a crucial part of a patent application, must describe the invention clearly and completely, so as to allow its reproduction by a person skilled in the art without undue effort. More than a formality, descriptive sufficiency expresses the essential counterpart of the patent system: the inventor obtains an “exclusive right,” while society receives accessible, comprehensive, and reproducible technical information—an essential condition to promote, for example, insights for other inventors on potential evolutionary developments based on the innovative technologies presented.

The patent is based on the principle of “disclosure,” that is, the disclosure of clear, precise, complete, and relevant information, where the inventor reveals technical knowledge in exchange for temporary “exclusivity.” Without descriptive sufficiency, this logic breaks down. An insufficient description creates exclusivity without a counterpart, preventing third parties from understanding, evaluating, creating technological evolution alternatives, or reproducing the invention after the protection period ends. Thus, the absence of descriptive sufficiency hinders technological knowledge from advancing and restricts social learning.

Moreover, patents do not serve only their holders; they also play a significant social role. Descriptive sufficiency transforms each patent into a high-value source of technical information, available to researchers, companies, universities, and public agents. Among its main social contributions, the democratization of technological knowledge stands out, given that the global patent database is the largest public repository of technology in the world.

In addition to the issues related to failures in the technological dissemination system, the lack of descriptive sufficiency can lead to various undesirable consequences, such as legal uncertainty, and loss of time, investment, and expectations for those involved (investors, partners, inventors, and patent holders)—from the drafting and filing of the patent application to the rejection of the application by the official patent office during technical examination, or even through an eventual administrative or judicial nullity of a patent that was improperly granted.

Descriptive sufficiency, therefore, is not merely a formal requirement: it is a central element for the validity, utility, and social function of patents, acting as a balancing mechanism between the private interest of the holder and the public interest in knowledge dissemination.

Thus, in a global scenario where innovation, technology, and information determine competitiveness, descriptive sufficiency keeps the patent system functional, transparent, and oriented toward promoting a healthy environment for technological development.