PrepTest 139, Section 3, Question 19

DetailDifficulty3 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)

The authors of the passages(14 more words not shown)

Reading the passage

Both distinguish opposition to the system from practical self-protection. A warns that a company without a stockpile can be defenseless against lawsuits. B announces its own portfolio as a defense against misuse. So we should expect agreement on building a portfolio, even though neither treats the need to do so as a good feature of the system.

Working the answers

  • A
    Correct

    Amassing patents supplies the threat of a countersuit that A describes and the defensive position B adopts. It reduces vulnerability; it does not guarantee that the company will never face a lawsuit.

  • B

    A discusses licensing but explains why identifying and licensing everything relevant may be impractical. B doesn't present licensing as its recommended response. We lack a shared recommendation here.

  • C

    Neither advises deliberately exploiting a competitor's patented invention. Warning that infringement is difficult to avoid is not an instruction to infringe. Their common response is to build a defense.

  • D

    Complete avoidance sounds desirable, but A explains why it can be nearly impossible in software development. Neither presents this as the practical solution to the situation being discussed.

  • E

    A says the search itself can be prohibitively expensive, and B does not recommend more thorough patent research. This is not the protective strategy they both endorse. It adds an effort that the discussion has not established as a workable common answer.

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