PrepTest 139, Section 3, Question 20

Difficulty3 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)

In terms of what it(28 more words not shown)

Reading the passage

Read backward from “this same stance.” B has just described developing a corresponding patent portfolio for defensive purposes and says other software makers do that. The company is choosing the same protection.

What we’re looking for

In A, that portfolio works by making a potential opponent worry about a countersuit. We need the phrase naming that defensive effect, not a phrase about what qualifies for a patent or how software is constructed.

Working the answers

  • A

    Nonobvious concerns the supposed standard for receiving a patent. It does not name the company's decision to acquire a defensive portfolio.

  • B

    Inventing around a patent means developing a noninfringing alternative. B's stance is to obtain patents of its own, not merely to work around competitors' inventions.

  • C

    Lowering the bar describes how courts made patent protection easier to obtain. That is part of the background problem, not the protective response B adopts.

  • D
    Correct

    A portfolio creates a “credible deterrent” because a lawsuit can trigger a countersuit. That is the protection B seeks through its corresponding collection of patents.

  • E

    Modular components are the pieces from which software products are assembled. They help explain why software may touch many patents; they are not the components of a defensive business strategy.

More Reading Comprehension questions

Learn the LSAT our way

Our platform drills questions at your level and adjusts as you improve.

See plans and pricing

HFL LSAT Advisor

Online

Hi! I'm HFL's LSAT advisor.

Tell me your score and goal and I'll point you to the right plan — or ask me anything.