PrepTest 144, Section 1, Question 13
The following passage was adapted from a law(455 more words not shown)
Suppose a university researcher wants(32 more words not shown)
- AThe researcher will(23 more words not shown)
- BThe corporation holding(18 more words not shown)
- CThe university that(21 more words not shown)
- DThe researcher has(20 more words not shown)
- EThe corporation will(15 more words not shown)
Reading the passage
This researcher fits the case the author specifically discusses: basic, noncommercial research using patented materials. Recall the two protections. A company may decide that expensive litigation is not worth pursuing, and a judge may recognize the noncommercial research exception if it does sue.
What we’re looking for
That gives us a favorable prediction with limits. The author provides reasons the researcher may avoid liability, not a guarantee of free materials, corporate funding or success in every court.
Working the answers
- A
This repeats the opponents' feared barrier and predicts that it will probably prevent this research. The author's response gives reasons not to assume that a patent holder can simply shut down basic, noncommercial work. The text does not establish that this company will demand an unaffordable payment.
- B
A successful lawsuit is not the author's likely prediction. Expense makes litigation less attractive, and the recognized research exception supplies a reason the company could lose even if it brings the case.
- C
We are not told what the university's policy would be. The author's discussion of patent enforcement does not establish that the university would prohibit the project.
- DCorrect
The author describes a judicial tradition respecting an exemption from infringement liability for research with no commercial purpose (paragraph 3). This research has that character, so the researcher has a good chance of avoiding liability if sued. D allows for uncertainty rather than promising an automatic victory.
- E
A corporation's ability to profit from discoveries does not establish that it would finance this research or propose these terms. Avoiding an infringement judgment and receiving corporate funding are different prospects.
More Application questions
Learn the LSAT our way
Our platform drills Application questions at your level and adjusts as you improve.