What is the difference between an invention and a discovery?

In the area of Intellectual Property Law, the difference between an invention and a discovery is an important distinction. An invention is an idea or concept that is created, developed, or improved through the mental labor of an individual or group. It could be a product, a process, or a combination thereof. An invention would typically be protected by a patent, which gives the inventor the right to exclude others from making, using, or selling the invention. A discovery, on the other hand, is a finding or uncovering of something that already exists. This could be a new plant species, the structure of a protein, or a moon orbiting a planet - these things already exist, so they cannot be patented. In New York, discoveries are generally protected by copyright or trademark laws, not patent laws. In summary, inventions are created through mental labor, and are thus protectable through patent laws. Discoveries already exist in nature, and are typically protected through copyright or trademark laws.

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What is the difference between an invention and a discovery?

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