[Fsfe-ie] ACLU: You Can't Patent Pure Abstraction

Seth Johnson seth.johnson at RealMeasures.dyndns.org
Sun Apr 6 00:52:54 CEST 2008


> http://www.aclu.org/freespeech/gen/34784prs20080404.html
> http://www.aclu.org/pdfs/freespeech/in_re_bilski_aclu_amicus.pdf

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ACLU Introduces First Amendment Argument In Key Patent Law Case
(4/4/2008)

FOR IMMEDIATE RELEASE

CONTACT: (212)549-2666; media at aclu.org

Patenting Abstract Ideas Violates The Constitution, Group Says

WASHINGTON - Introducing a rare argument applying the First Amendment
to patent law, the American Civil Liberties Union filed a friend of
the court brief today urging a federal court to uphold the denial of a
patent that would, if awarded, violate freedom of speech. In the
brief, the ACLU argues that Bernard L. Bilski is seeking a patent for
an abstract idea, and that abstract ideas are not patentable under the
First Amendment.

"The court must ensure that any test it uses in determining whether to
award a patent is in line with the Constitution," said Christopher
Hansen, senior staff attorney with the ACLU First Amendment Working
Group, who filed the brief. "If the government had the authority to
grant exclusive rights to an idea, the fundamental purpose of the
First Amendment - to protect an individual's right to thought and
expression - would be rendered meaningless."

In 2006, Bilski sought a patent for his idea that the weather risk
involved in buying and selling commodities could be minimized if
sellers had conversations with two buyers instead of one. The U.S.
Patent and Trademark Office denied his request and the Board of Patent
Appeals and Interferences affirmed the denial. Bilski appealed that
decision to the U.S. Court of Appeals for the Federal Circuit, and the
court has agreed to hear the case in a single joint session in May.

"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 Hansen. "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."

The ACLU's brief is available online here:
www.aclu.org/freespeech/gen/34783lgl20080403.html




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