Patent, property rights are ‘divine’

OPINION:

Thomas Edison, a religious skeptic, and Samuel Morse, a devout Christian, both became iconic inventors in America’s golden age of patenting and invention because they embraced the true nature of creativity, ownership, human flourishing and common grace. This is what I explore in my book “To Invent Is Divine: Creativity and Ownership.”

These concepts are foundational to property rights, economic freedom, the rule of law and ordered liberty. They constitute the underpinnings of the development of intellectual property laws. They undergird the U.S. Constitution’s Article I, section 8, clause 8 and the American IP system that followed.

Their unique application in the United States gave rise to the iconic inventors, spectacular technological flourishing and the wealthiest nation with the highest standard of living in the world.

Yet today, America risks squandering our intellectual property heritage. Particularly regarding patents, the U.S. IP system has been weakened in the past few decades. The necessary connection of creativity and ownership that characterizes the biblical model for human flourishing is being severed.

“To Invent Is Divine” puts in sharp relief the stakes from loss of that fruitful, beneficial framework. It also points the way to recover the American patent system’s historical assets.

When people think of creativity, they may think of paintings, music or movies. Some might think of a new electronic device, next-generation microchips or a new miracle medicine.

For others, specific works of art or invention may come to mind. Some think of the divine Creator: “In the beginning, God created the heavens and the earth” (Genesis 1:1). Of all the creatures, humans alone share God’s communicable attributes, such as reason and intellect. Only people are designed with human ingenuity to create. “To Invent Is Divine” examines human creativity and property rights through the framework of Judeo-Christian principles.

These qualities may lead us to think of creative individualsinventors like Thomas Edison and Samuel Morse, musicians like Beethoven or Lennon and McCartney, or artists like Michelangelo or Rembrandt.

The right to own what we create is intuitive and divinely inherent. God claims ownership of his creation: “The earth is the Lord’s and the fullness thereof” (Psalm 24:1). Likewise, humans own their creative works, which constitute property that didn’t previously exist.

Divinely based property rights, like those named in the Ten Commandments, are illustrated by the biblical metaphor of the potter and the clay. There the creator has the right to decide what to make, how to make it, its use, and whether to sell it, give it away or throw it away.

In the Garden of Eden, God charged his image bearers to “Be fruitful and multiply and fill the earth and subdue it” (Genesis 1:28). This creation mandate directs humans to put their creativity to use, employing their dominion over nature for productive and constructive purposes.

Work is applying our abilities and creating something out of nature. This produces surplus, i.e., creates wealth. Work is the means of human flourishing.

Another biblical metaphor is the vine and fig tree. It represents enjoying the fruits of one’s labor, flourishing in peace and prosperity. Human flourishing abounds when creativity and ownership are joined, because creativity and ownership are mutually reinforcing.

Together, creativity and property rights undergird our relationship to God and our relationship to people. Part of human flourishing is our carrying out the creation mandate, sometimes called the cultural mandate.

Human creative endeavors give fulfillment. As the Creator enjoys his own handiwork, humans derive pleasure from their handiwork. Enjoying the fruits of one’s labor is central to flourishing, where one benefits from what his creative endeavor produces.

Common grace is divine blessing upon all creation, regardless of someone’s faith. God causes the sun to shine on both the righteous and the unrighteous. This type of grace means the laws of science and mathematics apply generally for practical purposes. The laws of nature are discoverable and applicable to humans.

Not only individuals but society benefits from the fruits of individuals’ labors. Inventions and creative works may spark new industries and uses. They may lead to new products and services, new types of jobs, new wealth and new opportunities for others to create. Flourishing is what improves the human condition.

• James R. Edwards Jr. is founder and CEO of ELITE Strategic Services and author of To Invent Is Divine: Creativity and Ownership (Fidelis, 2025), from which this essay is adapted.