PrepTest 139, Section 3, Question 17
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(20 more words not shown)
- Ainvent a product(14 more words not shown)
- Bconceal the fact(6 more words not shown)
- Cimplement a previously(13 more words not shown)
- Ddevelop new products(15 more words not shown)
- Edevise something that(12 more words not shown)
Reading the passage
Inventing around a patent means finding a lawful way to accomplish the same function without using what the patent protects. The context matters: this is an alternative when the companies cannot reach a licensing agreement. The inventor still wants a usable competing product, but needs a route that avoids infringement.
Working the answers
- A
This concerns whether the new product can be patented. Our issue is whether it avoids violating someone else's existing patent. A changes the question from finding a workaround to obtaining protection.
- B
Concealing infringement leaves the infringement in place. Inventing around it means avoiding the violation, not hiding it more successfully.
- C
Using a patented idea in an unexpected way might still violate the patent. The holder's intended use is not the boundary the author gives us. We need a noninfringing alternative.
- D
Entirely different principles go beyond what is required. A competing invention could accomplish the same job through a different implementation without abandoning every underlying principle. D also loses the essential point about avoiding the patent's protection.
- ECorrect
This keeps both necessary pieces: the alternative serves the same function and does not violate the existing patent. That is why it can substitute for licensing the protected invention.
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