ACLU makes free speech argument on Bilski

Commondreams notes: “Patent law prohibits the patenting of abstract ideas, but recently the courts and the patent office have been granting patents that consist essentially of speech or thought,” said Chrsitopher Hansen of the ACLU First Amendment Working Group. “If the government continues to allow patents of speech or thought it risks violating the First Amendment. No one can have a monopoly on an idea or prohibit speech on a particular subject.”

Of "abstract ideas," recall Mark Lemley's pro-patentee position in the Metabolite case. Lemley comment on Metabolite case

Of the Bilski case:

http://ipbiz.blogspot.com/2008/02/in-re-bilski-and-warsaw.html

http://ipbiz.blogspot.com/2008/02/bilski-scaling-up-delivery-of-energy.html