PrepTest 139, Section 3, Question 18

DetailDifficulty2 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(9 more words not shown)

Reading the passage

A explains the industry's problem: questionable, overly broad patents create barriers and pressure companies into defensive stockpiling. B gives the position of a company facing that pressure. It dislikes software patents but is building its own portfolio to protect itself.

What we’re looking for

The relationship is problem to participant's response. B is adapting to the existing system, not claiming to have repaired it.

Working the answers

  • A

    A is not a neutral report of events. Words such as “unfortunately” and “bad patents” show its critical position. B also largely shares that concern rather than taking issue with A's account.

  • B
    Correct

    The broad discussion of an industry problem is followed by a particular company's position on how to deal with it. This captures the difference in scope without inventing a disagreement.

  • C

    A criticizes the conditions that make stockpiling necessary, not the defensive strategy itself. It even calls failing to join the arms race a “fundamental mistake.” B's policy therefore fits A's practical advice.

  • D

    B does not offer a way out of the industry's underlying problem. Adding another defensive portfolio leaves the patent system and the pressure to stockpile in place. Coping with a problem is different from solving it.

  • E

    A does not lay out opposing cases for and against the system. It argues that the system has gone wrong, then explains the resulting pressures. B is not selecting one side from a balanced debate presented in A.

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