"'We need to face the facts: patent law is killing job creation,' wrote billionaire tech entrepreneur Mark Cuban over the weekend. “If the current administration wants to improve job creation, change patent law and watch jobs among small technology companies develop instantly.”
I don't think anyone disputes that "patent law is killing job creation." (Note, however, that one can say that generally about most laws and regulations. Indeed, the FDA "is killing job creation," by making it so hard to sell potentially unsafe drugs and medical devices.) The real question is: "does the current system of patent law 'kill' more or less jobs than a reformed system where software patents are unallowable?"
Small-to-medium-sized businesses may flourish, adding some jobs in the process, but could a larger tech company have created more jobs based on software patents it is able to sometimes obtain via the patent office (or otherwise license legitimately or by settlement)?