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Hastings Law Journal

Abstract

The United States Court of Appeals for the Federal Circuit has recently interpreted the breadth of 35 U.S.C. §§ 271(f) and (g) in a series of important cases. While § 271(f) has been interpreted broadly, § 271(g) has been interpreted narrowly, creating a legal quandary in which companies are effectively rewarded by U.S. patent law for moving their production abroad. This is contrary to the original protectionist goals of both statutes.

This Note examines the history and original goals of both statutes and recent divergent interpretations of the statutes by the Federal Circuit. It then examines the impact of such interpretations on United States industry, looking in particular at the software and information products industry.

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