PrepTest 116, Section 1, Question 25

ApplicationDifficulty2 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)

The passage suggests that the(21 more words not shown)

Reading the passage

I don't immediately remember which policy creates the most uncertainty. Let's revisit the definitions. We need the rule that leaves faculty least able to tell whether their particular invention belongs to them or the university.

Working the answers

  • A

    Commercial firms are mentioned as sponsors or consulting partners. Their ownership rules aren't described, so we can't identify them as the most uncertain.

  • B

    The supramaximalist institution's position is broad but clear: it asserts ownership of faculty inventions even with outside sponsorship. Disliking a rule doesn't make its claim uncertain.

  • C

    Maximalism refers to employment or use of university resources. Its reach is broad, but the text doesn't highlight the discretionary threshold that appears in D.

  • D
    Correct

    How much use counts as “significant use”? The writer expressly says that is “a matter of institutional judgment.” A researcher may know they used university time or facilities without knowing whether the university will consider the use significant enough to claim the invention. That is the specific uncertainty in applying this rule.

  • E

    Faculty-oriented institutions start with faculty ownership, and substantial university involvement must be previously specified. That makes D's open-ended institutional judgment the better answer. This doesn't mean a faculty-oriented rule could never lead to a dispute.

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