The role of specification in patent applications: A comparative study on sufficiency of disclosure

A patent can be defined as a temporary and territorial right granted by the state to the patentee to exclusively exploit, license or foreclose third party the subject matter of its invention. When a patent application is filed, the applicant, among other requirements, must sufficiently disclose the claimed invention so that a person skilled in the art can carry out it. Nevertheless, sufficiency of disclosure, besides being one of the requirements needed to grant a patent, also plays an important role in the so-called “quid pro quo”. Thus, a patent can be considered not only as a “reward”, but also as a “contract” between innovators and society, in which a temporary property right is granted in tradeoff for disclosure. In light of the mentioned above, the aim of this work is to carry out a comparative study on the practices regarding sufficiency of disclosure requirements in three of the largest patent offices around the world; EPO, JPO, USPTO as well as in the Brazilian National Institute of Industrial Property (INPI-BR). The differences and similarities with respect to sufficiency of disclosure requirements among these offices are compared. Ultimately, what innovation could gain with a more harmonized patent specification is discussed.