“[T]he Constitution protects the right to receive information and ideas. . . . This right to receive information and ideas, regardless of their social worth, is fundamental to our free society.” Stanley v. Georgia, 394 U.S. 557, 564 (1969) (citations omitted). Patents, which function as government-sanctioned monopolies,invade core First Amendment rights when they are allowed to obstruct the essential channels of scientific, economic, and political discourse.
Software is a form of language—in essence, a set of instructions.... It is inherently abstract because it is merely “an idea without physical embodiment,”... Given that an “idea” is not patentable... and a generic computer is “beside the point” in the eligibility analysis ... all software implemented on a standard computer should be deemed categorically outside the bounds of section 101.
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