Reading ComprehensionDifficulty: Hard

PT144 S1 P2 Q12 Explanation

Biotechnology Patents

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsInferenceLaw

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Passage

The following passage was adapted from a law journal article 1998.

Industries that use biotechnology are convinced that intellectual property protection should be allowable for discoveries that stem from research and have commercial potential. Biotechnology researchers in academic institutions increasingly share this view because of their reliance on research funding that is in part conditional on the patentability of their results. However, questions biotechnology inventions are now the focus of increased scrutiny by scientists and policy makers.

The perceived threat to basic research relates to restrictions on access to research materials, such as genetic sequences, cell lines, and genetically altered animals. These restrictions are seen as arising either from enforcement of a patent right or through operation of a contractual agreement. Some researchers fear that patenting biological materials will prohibitively high fees for the right to conduct basic research involving the use of patented materials.

While it is true that the communal tradition of freely sharing research materials has shifted to a market model, it is also undoubtedly true that even in the early days of biotechnology, some researchers took measures to prevent competitors from gaining access to materials they had created. Scientists who resist the idea economic rewards as well as a degree of licensing control over the use of their discoveries.

What this question is testing

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

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

The question
12.

The passage provides the strongest support for inferring which one of

Answer choices

  1. Unsupported Comparison12% picked this

    Policy makers are no less likely than academic researchers to favor new restrictions

    We can't aggregately compare what percentage of policy makers favor new restrictions vs. what percentage of academic researchers do. We know biotech academic researchers are increasingly in favor of patents and policy makers are giving patents increased scrutiny, but the fact that each group moved in a certain direction doesn't tell us how their overall stats compare. For example, we could see Republicans increasingly support universal healthcare and Democrats look at universal healthcare with increased scrutiny, but if the starting point for those moves was 20% of R's approved and 70% of D's approved, and increase of R support and a decrease of D support could still end up with either one "being in the lead".

  2. Too Strong: most8% picked this

    Most biotechnology patent holders believe that the pursuit of basic research in academic institutions threatens

    Nothing in this passage talks about what is true of 51% or more of biotech patent holders. If anything, the author goes against the gist of this answer in the final paragraph by saying, "you don't have to worry about patent holders coming after basic research ... they'll only come if they're worried someone is threatening their market position (and they're not worried that basic research is doing that)."

  3. Too Strong: generally11% picked this

    Biotechnology researchers who work in academic institutions and oppose biotechnology patents are generally unable to obtain

    The second sentence of the passage is our closest support to this, but it seems to say that "if your results weren't patentable, then you wouldn't get research funding". It doesn't say, "If you oppose patents, then you won't get research funding". They might oppose patents but still have their results patented by the people who funded them. It's also not clear what percentage of the biotech research field we can apply this sentence to. The sentence seems to be saying that "for the biotech researchers who increasingly favor biotech patent, they are reliant on funding that is contingent on patentable results."

  4. Correct67% picked this

    Suing for patent infringement is not the only way in which patent holders can assert legal control over the

    Why this is right

    This is lovably weak: not the only way is provable as long as there's "at least one other way, besides suing, in which patent holders can assert legal control over use of their materials". There is at least one other way. The second sentence of the second paragraph says the restrictions on access to materials would come "either from enforcement of a patent right or through operation of a contractual agreement". Rather than forbidding someone to use their patented materials and then suing them for infringement if that person does use the materials, a patent holder can agree to letting someone use the patented materials if they sign a materials-transfer agreement or license agreement. Suing is not the only way to exert legal control over your materials.

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

  5. Too Strong: rapid / dearth1% picked this

    Rapid commercialization in the field of biotechnology has led to a dearth of highly educated biologists willing to

    The author acknowledges a shift towards a market model, but never says that there's been "rapid" commercialization. And the author never claims there's a dearth (scarcity / shortage) of "highly educated" biologists willing to teach.

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