Is time an invention or a discovery

Free University of Berlin

A discovery ...
concerns something that already existed at the time of discovery, but was previously unknown. As a result of the discovery, nothing has changed except for the associated increase in knowledge. Discoveries are thus the first description of a natural law or a law derived from natural laws.

An invention...
concerns something that has not been there before. However, there is a connection with what is already known, to which changes are made so that the effect is improved quantitatively or qualitatively. Today there is a tendency to relate inventions only to material things and to exclude abstract things from inventions. Inventions are creative achievements that enable previously unknown solutions and applications in the field of technology. In the case of inventions, laws of nature are applied in an unprecedented constellation to solve a given problem, the first description or application of this technique representing an invention. If this can be used commercially, it can be protected by patent or utility model.

A patentable invention (ยง 1 Patent Act) is a

  • commercially applicable,
  • new,
  • not obvious doctrine for
  • technical action, that is
  • an instruction for the use of controllable natural forces for the immediate achievement of a causally foreseeable success.

Patents are therefore granted for inventions that are new, involve an inventive step and are commercially applicable.

A patent ...
is an officially granted property right to an invention that grants a time-limited right of exclusion. A patent gives its owner the right to prohibit others from using the patented invention, i. H. For example, to manufacture, offer or use a protected product commercially or to apply a protected process commercially.