Published on 07.05.2026
What counts as an invention and how to protect it
Discovery vs. invention: what’s the difference?
A discovery is a new insight into or observation of something that already exists but was previously unknown. Discoveries advance knowledge, but on their own, they cannot be protected nor commercialized.
A famous example is penicillin. Its antibiotic effect was discovered when a mold was observed killing bacteria – a naturally occurring phenomenon.
An invention goes one step further. It is a new, practical or technical solution to a specific problem, with a clear real‑world application.
In the case of penicillin, inventions emerged when scientists developed methods to isolate, cultivate, and produce the mold at a large scale, transforming a scientific discovery into a usable and life‑saving drug.
Why knowing the difference is important
When a discovery becomes an invention, it can have significant commercial potential. Without legal protection, however, the invention can be exploited, copied, or even stolen by competitors. Acting early allows you to take measures to protect your research, retain control over how it is used, and maximize its impact through commercialization.
How can I protect my invention?
Legal protection through patents
A patent gives the owner of the invention the exclusive right to prevent others from using it, providing a competitive advantage. At the University of Fribourg, the Innovation Knowledge and Technology Transfer Service helps you identify the best way to protect your invention and assists you along the way.
Invention disclosure: the crucial first step
When you believe your research may lead to an invention, submit an invention disclosure form to the Innovation Knowledge and Technology Transfer Service as early as possible, before any public disclosure (such as publications, posters, or conference talks). Once an invention has been publicly disclosed, it cannot be patented anymore. The invention disclosure remains confidential and should describe your invention in detail, including information on its commercial value.
Ownership and incentives
At the University of Fribourg, inventions created by employees whilst at work are owned by the University, which also funds the patent protection process.
The University offers generous incentives in the event of successful commercialization:
- 1/3 of the revenue goes to the inventors
- 1/3 to the research group
- and 1/3 to the University
What are the next steps?
Once submitted, the Innovation Knowledge and Technology Transfer Service evaluates your invention for:
- Its patentability: can it be legally protected?
- Its commercial potential: can it make a tangible impact?
You will also present your work to the Intellectual Property (IP) Board of the University. The result of the evaluation and feedback from the Board will guide towards the appropriate strategy: protection through patenting if appropriate, license to an existing company, or creation of a spinoff.