Because computer source code is an expressive means for the exchange of information and ideas about computer programming, we hold that it is protected by the First Amendment. One is patent law, and one is copyright law.
Patent law covers machines and processes.
Copyright law covers particular expressions. If code is protected by the First Amendment, then it is clearly an expression. Yet the Patent Office issues patents on code, by which I mean that a particular code expression can be found in violation of a patent. But I think this is a valuable example of a clear inability of the current system to deal with the conditions brought on by the Information Revolution. It's not going to work.