Right to remain silent during patent enablement

[eamon.otuathail@clipcode.com]

just wondering ... does the "skilled in the art" person have a right to 
remain silent during patent enablement?

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Background to this question:

One aspect of patenting, known as enablement, is that a person skilled in the 
art can construct the invention based on information in the patent.  

That person has rights, like any other person. A person has the right to free 
speech, which in turn includes the right not to make speech, the right to 
remain silent. In current US and European patent law, does that person have 
the right to remain silent during the construction of a patent? If so, how 
can software patents be legal (as they would force that person to "write" 
software). 

It is noted that some of those pushing the changes to current EU patenting 
publicly claim their only wish is to see absolute clarity in what is/is not 
permitted. Would these people and (many politicians) object if some clause 
based around "right to remain silent during patent enablement" were added to 
the current proposals? 
 
Eamon O'Tuathail