What is the difference between an invention and a discovery?
An invention and a discovery are both forms of intellectual property, but they are each distinct in important ways. An invention is any new and useful process, machine, article of manufacture, or composition of matter that is created by an inventor that is not obvious to another person with ordinary skill in the same field. An invention is typically protected by patents. A discovery is a finding or uncovering of something that was previously hidden or unknown. Discoveries cannot be protected by patents since they are not the result of innovation. In South Carolina, inventions and discoveries are generally treated in the same manner, as far as intellectual property law is concerned. Both inventions and discoveries are considered intellectual property that can be protected if all of the elements of a valid claim are met. This includes the requirement that the invention or discovery must be novel, useful, and non-obvious. In summary, inventions and discoveries are both forms of intellectual property. An invention is a new and useful process, machine, article of manufacture, or composition of matter that is created by an inventor that is not obvious to another person with ordinary skill in the same field. A discovery is a finding or uncovering of something that was previously hidden or unknown, but cannot be protected by patents. In South Carolina, inventions and discoveries are generally treated in the same manner as far as intellectual property law is concerned.
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