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Ug this is off topic

Software doesn't get patented. Patents apply to "ways of doing things". Incidentally software is used to describe a "way of doing things" but it's the concept that gets patented, not the software.

Also, your assertion that the software is the free speech is a false-presupposition. The private key is data, and data is speech. It's no different than a book or a newspaper, except it's written in a way that only 1 person (device) can understand it.

No.

Books are definitely speech and we have copyright laws.

copyrights != patents

It's not difficult to see how software can be simultaneously a patentable process and free expression. Videogames are the most obvious example.

An important distinction between patents and copyright is that independent invention is not a defense to patent infringement and the patent covers the concept rather than the specific implementation. Which means that unlike copyright, software patents create concepts that you aren't allowed to express, even if they're your own ideas.

And most purely-software developments in video gaming shouldn't be patentable.