Difference Between Discovery and Invention in Patent Registration

Difference Between Discovery and Invention in Patent Registration. Human progress has always been driven by curiosity and creativity. In this journey, discovery and invention are two important milestones that often get confused but carry different meanings. A discovery refers to identifying something that already exists in nature or the universe but was previously unknown, such as gravity, electricity, or new species. On the other hand, an invention is the creation of something entirely new, born out of human imagination and skill, like the telephone, airplane, or computer. While discoveries expand our knowledge of the natural world, inventions apply that knowledge to solve problems and improve human life. The difference between the two is essential for appreciating how science and technology together shape our world.
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Explanation of Discovery 
A Discovery is finding or uncovering something that already exists in nature or the world but was not known before. It is not created by humans, only recognized or identified. The following are the examples:

Newton discovered gravity,

Antonie van Leeuwenhoek discovered bacteria and

Structure of DNA discovered.

Explanation of Invention 
An invention is creating something new that did not exist earlier, usually using human creativity, knowledge, and skill. It is a man-made creation that didn’t exist in nature before. The following are the examples:

Alexander Graham Bell invented telephone,

The light bulb was invented by Thomas Alwa Edison.

As per the Patent Law, discoveries alone are not patentable, but an invention based on discovery, if it is solving a technical problem in a new, useful way can be patentable. 
The courts (in India and globally) have drawn a clear line between discovery and invention while deciding patentability. Here are some important case laws you can use: 
1. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (AIR 1982 SC 1444, India)

Principle: The Supreme Court of India explained that a mere discovery of a new property in a known material or a mere workshop improvement does not qualify as an invention.

Relevance: Reinforces that patents require a true inventive step and not just discovery of something naturally existing.

2. Novartis AG v. Union of India (2013) 6 SCC 1 (India)

Principle: The Court rejected the patent application for the drug “Glivec” (beta crystalline form of imatinib mesylate), holding that it was only a new form of a known substance without enhanced efficacy.

Relevance: Discovery of a new form (polymorph) of an existing compound is not invention unless it shows enhanced technical effect.

3. Funk Brothers Seed Co. v. Kalo Inoculant Co. (333 U.S. 127, 1948, USA)

Principle: The U.S. Supreme Court held that a discovery of naturally occurring bacteria that can be mixed is not patentable because it is a product of nature.

Relevance: Discovery of natural phenomena = not invention. Application with technical advancement = potentially patentable.

4. Diamond v. Chakrabarty (447 U.S. 303, 1980, USA)

Principle: The U.S. Supreme Court allowed a patent on a genetically engineered bacterium capable of breaking down crude oil.

Relevance: Shows the difference a mere discovery of a natural bacterium isn’t patentable, but a man-made modification (invention) is.

5. State of Bihar v. Lal Krishna Advani (AIR 2003 SC 3357, India) (general interpretation)

While not directly on patents, the Court noted the importance of distinguishing between “discovery” and “invention” in legal contexts.

Key Takeaway from Case Laws

Discovery: Finding or identifying something that exists in nature = not patentable.

Invention: Creating something new with human intervention, skill, and technical effect = patentable.

Conclusion 
The distinction between discovery and invention lies at the heart of intellectual property law and scientific progress. A discovery simply reveals what already exists in nature, its value lies in expanding human knowledge. In contrast, an invention transforms that knowledge into a novel product, process, or application through human creativity and skill. Courts in India and abroad have consistently held that discoveries alone are not patentable, but inventions built upon them may be, provided they demonstrate novelty, inventive step, and industrial applicability. Thus, while discoveries form the foundation of science, inventions are the tools that translate those findings into innovations that benefit society. 
FAQ's 
Q1. Can a discovery be patented?
 Ans. No, a discovery cannot be patented because it only reveals something that already exists in nature. 
Q2. When does a discovery become an invention?
 Ans. A discovery becomes an invention when it is applied in a novel, non-obvious, and useful way to create a new product or process. 
Q3. What is the main difference between discovery and invention?
Ans. Discovery is finding something that already exists, while invention is creating something entirely new. 
Q4. Why are inventions patentable but not discoveries?Ans. Patents reward human creativity and technical advancement. Discoveries lack inventive steps as they exist independently in nature. 
Q5. Can discoveries still be protected in any way?
Ans. Yes, discoveries can lead to inventions that may be patented, and research publications can establish recognition, but the discovery itself is not protected.

Human progress has always been driven by curiosity and creativity. In this journey, discovery and invention are two important milestones that often get confused but carry different meanings. A discovery refers to identifying something that already exists in nature or the universe but was previously unknown, such as gravity, electricity, or new species. On the other hand, an invention is the creation of something entirely new, born out of human imagination and skill, like the telephone, airplane, or computer. While discoveries expand our knowledge of the natural world, inventions apply that knowledge to solve problems and improve human life. The difference between the two is essential for appreciating how science and technology together shape our world.

Leran more about Patent Registration.

Explanation of Discovery

A Discovery is finding or uncovering something that already exists in nature or the world but was not known before. It is not created by humans, only recognized or identified. The following are the examples:

Newton discovered gravity,
Antonie van Leeuwenhoek discovered bacteria and
Structure of DNA discovered.

Explanation of Invention

An invention is creating something new that did not exist earlier, usually using human creativity, knowledge, and skill. It is a man-made creation that didn’t exist in nature before. The following are the examples:

Alexander Graham Bell invented telephone,
The light bulb was invented by Thomas Alwa Edison.

As per the Patent Law, discoveries alone are not patentable, but an invention based on discovery, if it is solving a technical problem in a new, useful way can be patentable.

The courts (in India and globally) have drawn a clear line between discovery and invention while deciding patentability. Here are some important case laws you can use:

1. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (AIR 1982 SC 1444, India)

Principle: The Supreme Court of India explained that a mere discovery of a new property in a known material or a mere workshop improvement does not qualify as an invention.
Relevance: Reinforces that patents require a true inventive step and not just discovery of something naturally existing.

2. Novartis AG v. Union of India (2013) 6 SCC 1 (India)

Principle: The Court rejected the patent application for the drug “Glivec” (beta crystalline form of imatinib mesylate), holding that it was only a new form of a known substance without enhanced efficacy.
Relevance: Discovery of a new form (polymorph) of an existing compound is not invention unless it shows enhanced technical effect.

3. Funk Brothers Seed Co. v. Kalo Inoculant Co. (333 U.S. 127, 1948, USA)

Principle: The U.S. Supreme Court held that a discovery of naturally occurring bacteria that can be mixed is not patentable because it is a product of nature.
Relevance: Discovery of natural phenomena = not invention. Application with technical advancement = potentially patentable.

4. Diamond v. Chakrabarty (447 U.S. 303, 1980, USA)

Principle: The U.S. Supreme Court allowed a patent on a genetically engineered bacterium capable of breaking down crude oil.
Relevance: Shows the difference a mere discovery of a natural bacterium isn’t patentable, but a man-made modification (invention) is.

5. State of Bihar v. Lal Krishna Advani (AIR 2003 SC 3357, India) (general interpretation)

While not directly on patents, the Court noted the importance of distinguishing between “discovery” and “invention” in legal contexts.

Key Takeaway from Case Laws

Discovery: Finding or identifying something that exists in nature = not patentable.
Invention: Creating something new with human intervention, skill, and technical effect = patentable.

Conclusion

The distinction between discovery and invention lies at the heart of intellectual property law and scientific progress. A discovery simply reveals what already exists in nature, its value lies in expanding human knowledge. In contrast, an invention transforms that knowledge into a novel product, process, or application through human creativity and skill. Courts in India and abroad have consistently held that discoveries alone are not patentable, but inventions built upon them may be, provided they demonstrate novelty, inventive step, and industrial applicability. Thus, while discoveries form the foundation of science, inventions are the tools that translate those findings into innovations that benefit society.

FAQ's

Q1. Can a discovery be patented?

Ans. No, a discovery cannot be patented because it only reveals something that already exists in nature.

Q2. When does a discovery become an invention?

Ans. A discovery becomes an invention when it is applied in a novel, non-obvious, and useful way to create a new product or process.

Q3. What is the main difference between discovery and invention?

Ans. Discovery is finding something that already exists, while invention is creating something entirely new.

Q4. Why are inventions patentable but not discoveries?
Ans. Patents reward human creativity and technical advancement. Discoveries lack inventive steps as they exist independently in nature.

Q5. Can discoveries still be protected in any way?

Ans. Yes, discoveries can lead to inventions that may be patented, and research publications can establish recognition, but the discovery itself is not protected.