Patent law is an extremely contentious issue at the moment. Much, much moreso than the other divisions of IP (Trademark and Copyright, both largely settled law, comparatively).

The legal profession is developed to the point where there are literally "Patent Trolls" and they are major inhibitors to real economic growth.

It's the type of issue that will end up in a SCOTUS decision. The problem is that neither the Conservatives (Roberts) nor the "Liberals" (Sotomayor, Kagan) are likely to understand the consequences or defend progress (a.k.a. the interest of the individual).

What that tells me is -- within 5 years, there will have to be a major technological advancement wherein information (as it always does) finds a way to be free.