Jobs Outsourced Because of US Patent Law

Patently-O makes an important point about US Patent Law and outsourcing:

From a business perspective, this interpretation of the statute gives business executives another reason to send software jobs overseas. If the component was not exported from the U.S., there will be no damages under 271(f).

The Supreme Courty might be able to 'fix' this, but that outcome is unlikely as it would turn over quite a bit of precedent.

Are you excited at the prospect of U.S. software and biotech companies moving all their important research and development offshore? Would you like them to get rid of some of the highest-paying domestic jobs in order to shield themselves from our insane intellectual monopoly protectionism? If so, you should be a big fan of 35 U.S.C. 271.