Reading Comprehension

PT139 · S3 · P3 · Q15 Software Patents

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Passage A is from a 2007 article on the United States patent system; passage B is from a corporate statement.

Topic

The problems and responses surrounding software patents in the United States, especially their impact on innovation and industry practices.

Framework

Problem / Solution (with a dash of Present Debate)

Main Point

Both passages argue that software patents are overly broad, impede innovation, and are difficult to navigate, yet companies often feel forced to collect patents defensively because legal and business realities leave them little alternative. - (Passage A, P2) - (Passage B, P3)

P1 (Passage A): Flawed Patent Standards & Example Lawsuit

It opens by criticizing how patents are supposed to only be for nonobvious inventions, but recent rulings allow patents on pretty obvious software ideas. The author points to a situation where even a basic idea, like translating between internet addresses and phone numbers, was patented and enforced.

P2 (Passage A): Problem: Overly Broad Patents

Here, we get the author’s main concern: patents should be narrow, letting others "invent around" them, but courts have made it easier to patent obvious things, leading to overly broad patents that are hard or impossible to avoid.

P3 (Passage A): Industry Response: Patent “Arms Race”

Companies respond by stockpiling patents just to defend themselves—if they get sued, they countersue. If a company doesn’t join this arms race, it becomes legally vulnerable.

15.

Which one of the following pairs would be most appropriate as titles for passage A and passage B, respectively?

  1. "The Use and Abuse of

    Bad 2nd Choice

    The first one is fine enough for Passage A, but the second one fails to capture the main thrust of Passage B "we need to stockpile our own nuclear patent arsenal". This title is talking about eliminating patents, not joining the patent war.

    16% picked this

  2. "Reforming Patent Laws""In Defense of

    Neither Match

    The first passage doesn't have any Solutions to suggest, so it's not Reforming patent law, just bemoaning its broken reality and suggesting we need to reform it. The second passage is definitely not defending software patents. They loathe this whole patent stockpiling "mutually assured destruction" escalation and are only joining it reluctantly.

    4% picked this

  3. Correct

    "Patenting the Obvious""Patents: A Defensive

    Why this is right

    The first title is a tricky match, but the Problem described in the first passage is that when courts lowered the bar and allowed software patents to cover obvious stuff, they created this whole problem that the author is describing. So since the title is an allusion to the source of the Problem, it's a fitting title for an article that describes a Problem. The second title effectively relates to "we don't like this, but we have to. Prudence dictates it. We would otherwise be defenseless against patent lawsuits. We don't plan to go on the offense, after other companies. We hate this whole patent war situation. But we should stockpile some patents as a defensive strategy to lessen the likelihood that some other company tries to sue us." The beginning of B's last paragraph says, "One defense against such (patent portfolio) misuse is [to do the thing I will ultimately propose we should do]."

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

    66% picked this

  4. "A Misunderstanding of Patent Policies""Keeping

    Neither Match

    Passage A doesn't bring up any misunderstanding of patent policies. She brings up an alteration in the legal standards of granting patents, and she thinks it's a bad alteration, but that doesn't mean the same thing as "misunderstanding". Passage B never talks about keeping software safe.

    6% picked this

  5. "Developing a Credible Deterrent Against

    Weak Match / Bad Match

    Passage A does talk about how companies are now motivated to stockpile patent portfolios, as a deterrent against patent lawsuits, but it's far from the main point, which is a broader discussion of the Problem with software patents. Passage B is way off, though. It's reluctance, not an apology. And it's a passage that is seemingly addressed to an audience internal to the company, like its board of directors or shareholders or employees. It's not a front-facing press release to customers. Customers don't need to know that a software company is amassing a patent portfolio to ward off scurrilous lawsuits.

    8% picked this

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