Reading ComprehensionDifficulty: Hard

PT116 S1 P4 Q22 Explanation

Faculty Inventions

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsMain PointLaw

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Passage

Faculty researchers, particularly in scientific, engineering, and medical programs, often produce scientific discoveries and invent products or processes that have potential commercial value. Many institutions have invested heavily in the administrative infrastructure to develop and exploit these discoveries, and they expect to prosper both by an increased level of research support and exploitation of faculty inventions in order to determine which would provide the appropriate level of flexibility.

In a recent study of faculty rights, Patricia Chew has suggested a fourfold classification of institutional policies. A supramaximalist institution stakes out the broadest claim possible, asserting ownership not only of all intellectual property produced by faculty in the course of their employment while using university resources, but also for any inventions is employed. Of course, what constitutes significant use of resources is a matter of institutional judgment.

As Chew notes, in these policies “faculty rights, including the sharing of royalties, are the result of university benevolence and generosity. [However, this] presumption is contrary to the common law, which provides that faculty own their inventions.” Others have pointed to this anomaly and, indeed, to the uncertain legal and historical basis most major institutions behave in the ways that maximize university ownership and profit participation.

But there is a fourth way, one that seems to be free from these particular issues. Faculty-oriented institutions assume that researchers own their own intellectual products and the rights to exploit them commercially, except in the development of public health inventions or if there is previously specified “substantial effectively reversed, with the university benefiting in far fewer circumstances.

What this question is testing

Main Point

Your task

Capture the passage's overall primary point — the claim everything else supports.

Common trap

Answers that are true but too narrow (a single paragraph) or too broad (beyond the passage's scope).

Winning move

Summarize the whole passage in one sentence first, then match it to a choice.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
22.

Which one of the following most accurately summarizes the main point of

Answer choices

  1. Too Narrow20% picked this

    While institutions expect to prosper from increased research support and royalties from patentable products resulting from faculty inventions, if they do not establish clear-cut

    This answer just describes the Problem outlined in the 1st paragraph, but it doesn't announce the winning Solution we got at the end of the passage. In any Problem / Solution passage in which the author endorses a solution, that solution is the most important ingredient in the main point answer.

  2. Wrong Emphasis6% picked this

    The fourfold classification of institutional policies governing exploitation of faculty inventions is sufficient to categorize the variety of steps institutions are taking to ensure

    The main clause here is saying, "Patricia's Chew fourfold classification is sufficient!" But the passage was not centered around her classification or exploring whether it was or wasn't a good enough framework for categorizing steps institutions are taking. The passage was about reviewing these policies to figure out which one provides the appropriate level of flexibility. This answer doesn't pick a winner out of the fourfold classification, so we know this answer isn't properly spotlighting the Faculty-Oriented option as the solution.

  3. Too Strong: abandon / alone5% picked this

    To prevent the loss of faculty to commercial firms or research corporations, institutions will have to abandon their insistence on retaining maximum ownership of

    This answer correctly identifies the Problem and heads in the right direction of the Solution, but it goes too far in that direction. The author didn't land on the solution that "faculty alone" should own their inventions. The Faculty-Oriented approach is a compromise between the old mentality of maximum ownership and the opposite extreme of "faculty alone own their inventions". It defaults to faculty ownership of inventions, but it still provides some exceptional cases in which the university would have some ownership.

  4. Correct68% picked this

    While the policies of most institutions governing exploitation of faculty inventions seek to maximize university ownership of and profit from these inventions, another policy

    Why this is right

    The main clause of this answer is "another policy offers faculty greater flexibility", which sounds like we are correctly centering this answer on the Solution, which was the faculty-oriented model. Can we sign off on the loaded language that "most institutions seek to maximize university ownership"? Yes, basically. The final sentence of the 3rd paragraph says "most major institutions behave in the ways that maximize university ownership and profit participation". It's very lovable that this answer is saying the author's preferred option provides faculty "greater flexibility", because the final sentence of the 1st paragraph framed the discussion in paragraph 2, 3, and 4 as a review of policies in order to find "the appropriate level of flexibility".

    Skill tested: Main Point · how this choice captures the passage's function is the move to repeat next time.

  5. Too Strong: indefensible Wrong Emphasis1% picked this

    Most institutional policies governing exploitation of faculty inventions are indefensible because they run counter to common-law notions of ownership and copyright, but they usually

    Even though the author seemed displeased by institutions where the university is, contrary to common law presumptions, assuming ownership of the faculty's intellectual property, she never sounded as scathing as "indefensible". More importantly, this answer doesn't center itself on the Solution the passage identified to the Problem it's discussing. This answer is all Problem.

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