Reading ComprehensionDifficulty: Hard

PT157 S4 P4 Q26 Explanation

Patenting Software

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

TopicsNon-Author OpinionLaw

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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

Non-Author Opinion

Anticipate

Patent fans want the full package: protect the algorithm and protect the code. They think encoding algorithms is genuine invention deserving patent protection. Which answer sounds like a patent proponent talking?

Goal

Find the pro-patent voice.

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

The question
26.

Based on the passage, it can be inferred that proponents of software patents are most likely to hold which one

Answer choices

  1. Wrong Viewpoint27% picked this

    The sequences of computer code through which a computer programmer expresses algorithms are more genuinely a product of the programmer's inventiveness

    This is what the author is arguing. He thinks that expressions of algorithm in code should be protected by copyright because that is where the intellectual property occurs. He thinks that algorithms are less genuinely a product of inventiveness, more like a natural principle everyone knows. This is his rationale for rejecting patent protection so it wouldn't make sense for it to be an opinion shared by proponents of patent protection.

  2. Wrong Viewpoint10% picked this

    Software algorithms are generic principles underlying the specific processes by which tasks are to be

    This is what the author is arguing. He thinks that expressions of algorithm in code should be protected by copyright because that is where the intellectual property occurs. But he thinks that algorithms are more like a general principle that can't be patented. This is his rationale for rejecting patent protection so it wouldn't make sense for it to be an opinion shared by proponents of patent protection.

  3. Too Strong8% picked this

    Patent protection should supplant copyright protection as the sole legal means of preventing copycat exploitation

    This goes beyond any proposal we know the proponents have made. We only know that they want patent protection for the underlying algorithms. We don't have any support that they think "there should no longer be any copyright protection for computer software. It should be exclusively done by patent protection."

  4. Correct54% picked this

    Both the algorithms and the specific way in which a software program expresses them should receive legal

    Why this is right

    The specific way an algorithm is expressed is covered by copyright protection. Both the author and the patent proponents are happy about that (they both want to protect the software developer's intellectual property and incentive for innovating). Where the author disagrees with the patent proponents is that he does not think the underlying algorithms should be patented, comparing them to a general principle like "wind can be used to harness energy". Meanwhile, the patent proponents think of designing an algorithm more like designing a new process, which can be patented. So whereas the author would say "only the specific expression of ideas should be protected", the patent proponents would say "both the algorithm and the specific expression of ideas should be protected (the former by patent law and the latter by copyright)."

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

  5. Out of Scope1% picked this

    As the number of available computer programming languages increases, copycat programming will

    The patent proponents are fueled by the fear that copycat programming is on the rise / is a dire problem in need of a big systemic change. That's why they're urging the extension of patent protection to software. This answer is making it sound like copycat programming isn't something to worry about. It's a declining trend.

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