What is the difference between invention and discovery in patent law?

In patent law, the distinction between invention and discovery is crucial. An invention refers to a novel idea, process, or product that is created by human ingenuity. It involves the process of developing something new that did not exist before. On the other hand, a discovery is the identification or realization of something that already exists in nature or has always been present but was not previously known.

Criteria for Invention Eligibility

To qualify for patent protection, an invention must meet certain criteria, including:

• Originality: The invention must be original and not obvious to a person skilled in the relevant field.
• Novelty: It must be new and not previously known or disclosed to the public.
• Inventive Step: The invention must involve an inventive step that is not obvious to someone skilled in the field.
• Industrial Applicability: The invention must be capable of being made or used in some kind of industry.

Overall, while inventions involve a creative process of coming up with something new, discoveries are about uncovering or finding something that already exists. Both can drive scientific advancements and innovation but are treated differently in the realm of intellectual property and patent law.