Reading Comprehension

PT139 · S3 · P3 · Q21 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.

21.

Which one of the following, if true, would cast doubt on the position concerning innovation in software development taken in the first paragraph of passage B?

  1. Most patents for software innovations

    Weak Impact

    Patents grant temporary exclusive rights to a certain technology. The patent holder can restrict others from using that technology or make others pay them a licensing fee if they want to use it. This answer is saying that after 20 years, most patents expire and then everyone can use that technology unimpeded, but 20 years is a long time, especially in the world of tech! If you owned a tech company, you wouldn't want to have to find workarounds for obvious design features for 20 years.

    15% picked this

  2. Software companies that do not

    No Impact

    This is only talking about reliability, which doesn't have any clear connection to innovation. Also, this is drifting opposite of our goal. We want to hear something good about patents (they're actually good for innovation). This seems to be telling us something good about companies who don't patent.

    9% picked this

  3. Some proprietary vendors oppose software

    No Impact / Weak Language

    Correct answers on Strengthen and Weaken are almost never as weak as "some / sometimes". This doesn't give us any way to argue that patents facilitate innovation in software development.

    15% picked this

  4. Correct

    Software innovation would be less

    Why this is right

    This is basically just saying the real world reason why patents exist. They're supposed to encourage innovation by making it worthwhile for people to spend the time and money it takes to invent something. If everyone were able to steal your invention once you finished it, then it wouldn't be worth putting years of your life into developing it. But ... if you can patent your invention so that you have 20 years of exclusive rights to it, then you have assurance that you can make a bunch of money off your invention, thereby justifying the efforts you invested in creating your invention. If you couldn't patent software, software innovation would be less profitable, so businesses would be less interested in software innovation, so less software innovation would occur. Thus we're making the case that patents don't impede innovation, they solidify a strong incentive for innovation.

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

    47% picked this

  5. The main beneficiaries of software

    Unclear Impact

    It's not clear how learning who the main beneficiaries of innovations are will connect to whether or not patents impede / assist innovation. We'd have to argue, "patents actually encourage innovation, because the main beneficiaries of innovation are large corporations (not individual people)." That doesn't sound as common sense as "patents actually encourage innovation, because they make innovation more profitable".

    14% picked this

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