PrepTest 139, Section 3, Question 16

ApplicationDifficulty4 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(10 more words not shown)

Reading the passage

Both discuss patent stockpiles and the problems they create. A adds a distinct obstacle near its end: a developer may be unable even to find every relevant patent because the search is prohibitively expensive. B discusses the cost of litigation instead.

What we’re looking for

The answer must be in A and absent from B. Merely finding a topic in A will not finish the comparison.

Working the answers

  • A

    Both discuss amassing patents. B describes large companies' portfolios and then announces that the company will build one of its own.

  • B
    Correct

    A expressly describes the expense of finding all the patents a product might infringe. B's expense concern is the expense of patent lawsuits (Passage B, paragraph 2), not the research needed to identify relevant patents.

  • C

    Both connect patents to difficulties in software development. A explains barriers to developing and licensing a product; B directly says patents impede innovation. This is a shared concern.

  • D

    B explicitly mentions high litigation costs, which alone rules this out. We don't need to claim that A uses the same cost language to see why D fails the absent-from-B requirement.

  • E

    A calls many patents bad and criticizes their breadth; B refers to their questionable nature. Dubious means questionable, so the idea is present in both.

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