Reading Comprehension

PT157 · S4 · P4 · Q23 Patenting Software

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This passage was adapted from an article published in 1991.

Topic

Legal protection for computer software, specifically the debate over whether copyright or patent law is more appropriate.

Framework

Challenge Position

Main Point

Patents should not be extended to software programs because software is better protected under copyright law, which already offers sufficient financial incentive for innovation; software algorithms represent general ideas, not inventive processes, and should not be patentable. (The "Most Valuable Sentence" expressing this appears at the start of Paragraph 3: )

P1: Introduction to the Problem and the Debate

Most people agree that software creators need some legal protection from copycats to keep innovation profitable, and while copyright is widely seen as effective, some argue that patent protection should also cover software.

P2: Explaining Algorithms and the Patent Argument

This paragraph explains what algorithms are, and notes that software encodes these algorithms. Proponents of software patents claim that encoding algorithms is like designing a patentable process—like inventing a new way to run a chemical reaction. However, the author argues that algorithms are generic principles, not inventions, and thus shouldn’t be patentable—just as physical laws or general principles aren’t.

P3: Arguing for Copyright, Not Patents

The author claims that granting patents to software would give developers extra protection they don’t really need; software is more suitably protected by copyright, which covers specific ways of expressing ideas, not the underlying concepts themselves. A slight change to copyright laws would be enough, maintaining incentives for innovation without overprotecting software creators.

23.

Which one of the following most accurately expresses the main point of the passage?

Although patent protection is needed
Wrong Viewpoint
This author is arguing that patent protection is not needed ("there is no compelling justification for issuing patents for computer programs"). She thinks of algorithms as general principles, not specific inventions that deserve patent protection.
11% picked this
Correct
Legal protection for software programs
Why this is right
We were looking for, "We should offer patent protection to computer programs / let's just modify existing copyright laws". This seems to capture both of those big payoff ideas. This answer aligns with the first and last sentence of the final paragraph, where we see first our author's rejection of the idea that we extend patent protection to software and then our author's recommendation of what we should do to combat copycat programming.
Skill tested: Main Point · how this choice captures the passage's function is the move to repeat next time.
72% picked this
Without the legal protection afforded
Wrong Viewpoint
The author's final sentence is saying, "if we reject this patent protection idea and instead only slightly modify existing copyright laws, the financial incentive to develop innovative software will thereby be preserved." This answer contradicts that by saying, "If we don't offer patent protection, the financial incentive will largely go away".
3% picked this
Issuing patents for software programs
Too Narrow
This is a very factual, narrow statement. Computer programs are currently covered by copyright law. If we also offer patent protection, then that will expand the level of legal protection, so yes it will offer more protection. Our Main Point answer needs to be giving us our author's big opinion on the topic of patent protection. Her big opinion isn't, "Patent protection would give developers more protection". It's, "we shouldn't extend patent protection to computer programs; let's just modify existing copyright law."
12% picked this
Copyright protects only the unique
Too Narrow
This just rips a sentence verbatim out of the final paragraph, but it's a detail sentence. This answer doesn't convey the big takeaway: "I reject the solution of patent protection; I prefer the solution of slightly modifying existing copyright".
3% picked this

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