Reading ComprehensionDifficulty: Easy

PT157 S4 P4 Q25 Explanation

Patenting Software

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

TopicsLocal PurposeLaw

Keep going in LSAT Lab

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

Full official LSAT questions are available through LawHub. This page provides LSAT Lab's explanation, strategy, and review tools without republishing the full official question.

Passage

This passage was adapted from an article published

Because it is relatively easy and inexpensive to produce copycat computer programs, most people believe that some form of legal protection should be extended to creators of computer software. Without a legal deterrent to copycat programming, the resources expended by an individual or a company to develop an innovative software program could means of preventing this exploitation, some contend that patent protection is also needed to combat copycatting.

In essence, every piece of software is an encoding of one or more algorithms. An algorithm is simply defined as a series of steps to be followed in carrying out a task; to be usable in computer applications, an algorithm must be expressed in terms that can be processed by a computer. processes by which tasks are to be carried out by computers, should not be considered patentable.

Issuing patents for computer programs would extend protection to software developers beyond that afforded by copyright when there is really no compelling justification for doing so. Insofar as software programs constitute the expression of ideas in the form of specific texts (i.e., sequences of computer code), they fall more appropriately within the to existing copyright laws, and the financial incentive to develop innovative software could thereby be preserved.

What this question is testing

Local Purpose

Anticipate

The author says patents are not needed (conclusion), then says software is text-based expression (reason), therefore copyright is the right fit. This assertion is the reason supporting the conclusion.

Goal

Find "rationale for the author's position" or equivalent.

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

The question
25.

In the final paragraph, the assertion that software programs constitute the expression of ideas in the form of specific

Answer choices

  1. Wrong Emphasis4% picked this

    an example of a counterintuitive

    Nothing in the passage ever talks about any claims being counterintuitive. There isn't anything confusing or surprising about this sentence we're being asked about. If anything, the author is building the case that since computer programs are ultimately the expression of ideas in written texts, then intuitively they belong under copyright law.

  2. Correct78% picked this

    a rationale for the author's

    Why this is right

    This whole final paragraph is solidifying the author's position that we should be protecting computer programs with copyright, not patent law. Why? What's the author's rationale for that? Well, software programs are expression of ideas in the form of specific text. Patents protect the underlying design of an invention, even if it's never executed. Copyright protects only the particular way in which the underlying ideas are expressed.

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

  3. Wrong Emphasis4% picked this

    a causal explanation for a particular

    Nothing in the last paragraph has anything to do with talking about what is causing a certain phenomenon to occur. The best we could do to make this answer work is say, "The author is saying that the fact that computer programs are the expression of ideas in the form of specific texts causes the phenomenon of software programs' being covered by copyright law." That's too much of a stretch when we have the more appropriate language offered by (B). The final paragraph isn't trying to tell us the causal backstory of how software ended up being covered by copyright law. The final paragraph is where the author is convincing us that software is correctly covered by copyright law only.

  4. Wrong Emphasis7% picked this

    a layperson's definition of a technical

    The sentence in question provides an abstract description that applies to software programs. It's not a definition of what a software program is, and most importantly "software program" is not a technical legal term.

  5. Unsupported6% picked this

    a point of consensus between opposing

    It's true that everyone in the debate over whether software should/shouldn't get patent protection would probably agree to the idea that software programs express ideas in the form of specific texts of code. So while this sentence presumably is a point of consensus among people with differing viewpoints, that's not why the author is uttering this sentence. There's nothing in the last paragraph that suggests the author is trying to establish some common ground between opposing viewpoints. In the final paragraph, the author is consolidating her conclusion, which goes against the opposing viewpoint.

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free