PrepTest 144, Section 1, Question 7

Main PointDifficulty2 of 5
Passage 2Biotechnology patents and access to basic research
The questionFull text in your LawHub copy of PrepTest 144

The following passage was adapted from a law(455 more words not shown)

Which one of the following(9 more words not shown)

Reading the passage

We've already predicted the main point: the fears about patents blocking basic biotechnology research are overstated, and patents can also encourage useful discoveries. The final paragraph answers the concerns raised earlier.

What we’re looking for

Look for that overall response. An answer can describe a real concern or a valid supporting reason and still miss the position the author ultimately defends.

Working the answers

  • A

    This states the threat the author challenges. The final paragraph gives reasons to doubt that patent enforcement will block basic research and adds an incentive to innovate. A points in the wrong direction.

  • B

    The controversy is real, but reporting that a controversy exists leaves out the author's answer to it. We go on to learn why the concerns are considered mistaken or exaggerated.

  • C

    The author does not argue that the system unfairly penalizes both groups. Instead, patent holders can receive rewards while basic researchers have practical and legal protections against enforcement.

  • D
    Correct

    This captures the central response: the researchers' fears are “largely misguided.” The costs of litigation, the research exception and the incentive to innovate support that conclusion. D need not list every reason to express the main point.

  • E

    This is an important supporting reason, not the whole argument. It addresses the likelihood of lawsuits but leaves out the judicial exception and the positive incentive patents provide. Our conclusion concerns patents' effects on research, not just the price of litigation.

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