PrepTest 139, Section 3, Question 15

Difficulty4 of 5
Passage 3Software patents and defensive portfolios
The questionFull text in your LawHub copy of PrepTest 139

Passage A is from a 2007 article on(491 more words not shown)

Passage A(300 more words not shown)

Passage B(199 more words not shown)

Which one of the following(14 more words not shown)

Reading the passage

Our main points give us two working titles: overly broad patents create problems, and this company is reluctantly using patents for defense. The pair needs to capture those different jobs. In particular, defending yourself with patents is not the same as defending the patent system as a good idea.

Working the answers

  • A

    The first title is broadly relevant, but the second misses B's central decision. B voices opposition to software patents, then explains why the company will nevertheless build a defensive portfolio. It does not center on a plan to eliminate them.

  • B

    B is not an argument in favor of software patents. The company expressly maintains its opposition. Its explanation of a protective policy cannot be turned into an endorsement of the system.

  • C
    Correct

    Patenting the obvious captures A's complaint that protection has become too easy to obtain and too broad. A defensive policy captures B's reason for participating despite its objections.

  • D

    A does not say the industry has misunderstood the rules. It says the patent system has departed from an ideal. A bad policy and a misunderstanding of a policy are different diagnoses.

  • E

    The first title names an important strategy in A but not the broader problem that prompts it. The second is also wrong: B explains a reluctant decision, without apologizing to its customers for a particular wrong.

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