The Pope, Patents, and the Universal Destination of Knowledge

In his 2026 encyclical Magnifica Humanitas, Pope Leo XIV reflected on the implications of artificial intelligence and technological power for human dignity and social justice. Among the many topics addressed, one passage is likely to catch the attention of lawyers, innovators, and intellectual property professionals alike. Discussing the universal destination of goods, the Pontiff argued that this principle should extend to “patents, algorithms, digital platforms, technological infrastructure, and data,” which should be regarded as resources intended for the benefit of all humanity.

At first glance, it may seem unusual to find a Pope discussing patents. Patents are typically the subject of debate among lawyers, engineers, and businesses—not in papal encyclicals. Yet, upon closer examination, the Pope’s reference is far less surprising than it may initially appear. Patents are not merely private commercial instruments; they are legal mechanisms created by society and for society.

The patent system is built on a bargain. An inventor receives a temporary exclusive right over a technical invention. In return, society gains disclosure of the invention, access to the technical knowledge it embodies, and, once the patent term expires, the freedom for anyone to use it. The patent owner receives protection and recognition for innovative efforts, while society benefits from technological progress, the dissemination of knowledge, and incentives for further innovation. This mutual benefit forms the moral and legal justification for the temporary monopoly granted by a patent.

Because patents create a legal monopoly, lawmakers have always had to determine what may legitimately become the subject of exclusive ownership. European patent tradition reflects this concern. From its earliest days, patent law has excluded certain subject matter from patent protection, including discoveries, scientific theories, mathematical methods, and computer programs “as such.” The reason is not that these things lack importance. Quite the opposite: they are so fundamental that they must remain accessible to everyone.

A scientific theory explains reality. A mathematical formula expresses an abstract truth. An algorithm represents a method of reasoning or calculation. All belong to humanity’s shared intellectual heritage. They are tools that must remain available for research, education, engineering, and future innovation. Allowing exclusive ownership over them would effectively give an individual or company control over the very foundations of knowledge.

Patent law protects not abstract knowledge itself, but its technical application. A mathematical formula should not be privately owned. However, a novel technical device, industrial process, or specific technical application that uses that formula may deserve patent protection. Likewise, a scientific principle should remain freely available, while a new machine or process that applies that principle in a practical and technical way may qualify as a patentable invention. This distinction preserves the public domain of knowledge while rewarding genuine technological innovation.

The same philosophy explains why patent rights are not absolute. Legal systems include mechanisms that allow government intervention when required by the public interest. Spanish law, for example, provides for compulsory licensing in certain circumstances involving public interest, including the protection of public health, national defense needs, situations that seriously affect the country’s economic or technological development, or specific supply-related concerns. This demonstrates that even after a patent is granted, the monopoly remains subordinate to the common good.

Viewed from this perspective, the Pope’s remarks are not an attack on the patent system, but rather a reminder of its social purpose. Patents are legitimate when they promote innovation and contribute to human development. They become problematic when they enable the concentration of essential knowledge, strategic technologies, or critical digital infrastructure in the hands of a few without adequate mechanisms to ensure broader access.

For this reason, the inclusion of patents alongside algorithms, data, digital platforms, and artificial intelligence in the Pope’s message is entirely consistent. In the digital age, knowledge has become a source of power. When that power is concentrated without limits, it can deepen inequalities and exclude entire populations from the benefits of technological progress. Patent law has long recognized that certain forms of knowledge must remain accessible to all and that protected inventions may, under certain circumstances, be subject to limitations when required by the public interest.

The Pope’s reflection fits squarely within that tradition. Some forms of knowledge, because they constitute the foundation upon which science, technology, and human development are built, should never become instruments of domination. They should remain at the service of all humanity.

Alexandros Stavrinadis - European Patent Attorney