Reading Comprehension

PT139 · S3 · P3 · Q19 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.

19.

The authors of the passages would be most likely to agree that software companies would be well advised to

  1. Correct

    amass their own portfolios of

    Why this is right

    This aligns with our predictions. The 3rd paragraph of Passage A talks about companies stockpiling patents as a deterrent to other companies, warning that there will be possible retaliation (countersuits) were they to be sued for patent infringement. And Passage A says that "a fundamental mistake" is when software companies don't join this arms race. So we can flip that to derive that passage A would say they would be well-advised to join this arms race. Passage B is writing an internal memo to explain why they are deciding to amass their own portfolio of software patents. It's common sense that if they are taking this action, they consider it a well-advised action.

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

    81% picked this

  2. attempt to license software patented

    No Support from Either

    Neither author is ever discussing (let alone recommending) that software companies attempt to license entire software that's patented by other companies. Passage A speaks at one point about developing software and finding out that your modular components infringe on some patented components. And Passage A was not suggesting that companies try to license those components. To the contrary, she was saying that "it is often prohibitively expensive" to find all the applicable patents in order to license them.

    2% picked this

  3. exploit patents already owned by

    Opposite of Passage A

    The final paragraph of Passage A is talking about how onerous and expensive it is to find and license (exploit) the patents already owned by competitors, so Passage A is definitely not suggesting that route.

    1% picked this

  4. refrain from infringing on any

    Unsupported from Both

    Passage A never warns companies, "You better not infringe on anyone's patents". She seems to think a ton of modern patents are for obvious stuff that shouldn't have been granted a patent, so she definitely isn't suggesting that everyone respect and obey the existing patents.

    11% picked this

  5. research the patents relevant to

    Trap

    Opposite of Passage A No Support from B The final paragraph of Passage A is talking about how onerous and expensive it is to find (research) and license the patents already owned by competitors. She ends by saying that a company would be unlikely to be able to do this successfully, so it doesn't make sense to think she'd find this course of action "well-advised".

    5% picked this

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