Reading ComprehensionDifficulty: Medium

PT116 S1 P4 Q26 Explanation

Faculty Inventions

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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

Locate Detail

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

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

The question
26.

According to the passage, what distinguishes a resource-provider institution from the other types of institutions identified by

Answer choices

  1. Wrong Ambiguity18% picked this

    vagueness on the issue of what constitutes university as opposed to

    The author is saying that resource providers are vague on the issue of what constitutes significant vs. insignificant use of university resources. This answer is saying the vagueness surrounds university vs. nonuniversity resources.

  2. Too Strong: insistence / substantial / unlimited1% picked this

    insistence on reaping substantial financial benefit from faculty inventions while still providing faculty

    This answer talks about "insisting on big financial benefit". There's nothing in those final two sentences of the 2nd that matches up with insisting on big monetary gains. There's also nothing about providing faculty with unlimited flexibility.

  3. Too Strong: inversion of the usual4% picked this

    inversion of the usual practices regarding exploitation of faculty inventions in order to give

    The 4th paragraph is where we get the inversion of the usual. It's at faculty-oriented institutions where the faculty is given greater flexibility, rather than exploited for their inventions. The 3rd paragraph lumps resource-provider, maximalist, and supramaximalist policies together. At a resource-provider institution, the institution can still exploit the faculty's inventions. They just assert, "Sorry, your use of university time and facilities was 'significant', so we're asserting claim to your IP."

  4. Contradicted3% picked this

    insistence on ownership of faculty inventions developed outside the institution in order to maximize financial

    Resource-provider institutions are only staking a claim to faculty inventions where there was significant use of university time and facilities. We don't think they will insist on owning inventions developed outside the institution.

  5. Correct74% picked this

    reliance on the extent of use of institutional resources as the sole criterion in determining

    Why this is right

    This matches well with the last two sentences of the 2nd paragraph. The resource-provider model relies on the metric of whether or not "significant use of university time and facilities" was involved in a faculty member's intellectual property. That metric is assessing "to what extent were the university's institutional resources involved in this faculty member's invention"? If we use too much of our LR brain here, we might get mad at "sole criterion". Technically, the passage only says that "significant use" is a sufficient criterion for the university to assert a claim of ownership. The passage doesn't say that it's the only possible criterion. But RC is a little more sloppy, fuzzy, real-world. Our common sense tells us that at resource-provider institutions, this metric is how the institution decides whether or not to assert any claim of ownership.

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

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