PrepTest 116, Section 1, Question 24

ApplicationDifficulty4 of 5
Passage 4University policies governing faculty inventions
The questionFull text in your LawHub copy of PrepTest 116

Faculty researchers, particularly in scientific, engineering, and medical(465 more words not shown)

Which one of the following(12 more words not shown)

Reading the passage

We have four ownership rules to compare: the broadest institutional claim, a claim based on employment or resources, a claim based on significant resource use, and a faculty-ownership default with exceptions.

What we’re looking for

Maybe an arrangement giving ownership to an outside company wouldn't fit. That's one possibility, not a requirement. We need an arrangement outside all four rules, so let's check the actual ownership conditions in the choices.

Working the answers

  • A

    This fits. A maximalist institution can leave faculty owning inventions produced outside their employment and without university resources. Other less restrictive policies also allow faculty ownership in some circumstances.

  • B
    Correct

    Faculty own every invention, regardless of circumstances. Even the faculty-oriented policy doesn't go that far: it has exceptions for public-health inventions and previously specified substantial university involvement. B instead leaves ownership with faculty in every case and gives the university a share of royalties. None of the four described rules has that arrangement.

  • C

    This fits the maximalist rule, which claims inventions arising from use of university resources. We don't have to force it into resource-provider's narrower significant-use condition.

  • D

    The faculty-oriented policy expressly makes an exception for public-health inventions. The broad supramaximalist claim also covers them. So D fits the classification, even though a faculty-friendly policy might initially make institutional ownership sound surprising.

  • E

    Some resource use needn't be significant use. The resource-provider policy can therefore leave some such inventions with faculty. The faculty-oriented policy also requires previously specified substantial involvement before that exception applies.

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