Reading Comprehension

PT139 · S3 · P3 · Q17 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.

17.

Which one of the following comes closest to capturing the meaning of the phrase "invent around" (first sentence of the second paragraph of passage A)?

  1. invent a product whose use

    Too Strong

    Too Strong: no one can have patent This sentence isn't talking about a product that is too obvious to patent. It's talking about a patent already existing for a certain process/technology, and someone else inventing a different way (that isn't copying the patent holder's way) of doing the same process / technology.

    2% picked this

  2. conceal the fact that a

    Out of Scope: conceal infringement

    This sentence isn't talking about hiding the fact that you're copying a patent holder's design. It's talking about inventing a different design (that isn't copying the patent holder's way) that accomplishes the same process / technology as the patent holder's thing does.

    1% picked this

  3. implement a previously patented idea

    Out of Scope

    Out of Scope: new way to use old patent This sentence isn't talking about implementing someone's patented idea in way other than they intended. It's not about using someone's patent to do something they didn't intend to do with their patent. It's about doing what they intended to do with their patent, but doing it a different way that doesn't infringe on the patented design.

    8% picked this

  4. develop new products based on

    Too Strong: entirely different principles

    This is somewhat close to what we want, but inventing around an existing patent is basically like "re-writing an article you found on the internet for your school paper, without plagiarizing it". It doesn't have to be based on entirely different principles. It just has to be a different-enough way of achieving the same outcome that you wouldn't get busted for copying the patent holder without paying a licensing fee.

    7% picked this

  5. Correct

    devise something that serves the

    Why this is right

    This is what we were looking for: "figure out a different way to achieve the same goal/outcome as the patent, without infringing on it".

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

    82% picked this

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