  The difference in formation process between binary stars and planetary
systems is reflected in their composition as well as their orbital
architecture, particularly orbital eccentricity as a function of orbital
period. It is suggested here that this difference can be used as an
observational criterion to distinguish between brown dwarfs and planets.
Application of the orbital criterion suggests that with three possible
exceptions, all of the recently-discovered substellar companions discovered to
date may be brown dwarfs and not planets. These criterion may be used as a
guide for interpretation of the nature of sub-stellar mass companions to stars
in the future.
