PrepTest 144, Section 1, Question 8

DetailDifficulty3 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)

The academic researchers mentioned in(20 more words not shown)

Reading the passage

Whose principle do we need? These are the researchers at the end of paragraph two who oppose biotechnology patents because they fear fees will prevent basic research. We are not answering for the author, who later challenges their concern.

What we’re looking for

A principle against charging research-blocking fees would fit their position. Keep the objection specific: the problem they identify is making needed materials unaffordable.

Working the answers

  • A

    These researchers are worried about what patent holders' financial demands might do to basic research. They do not endorse letting market competition determine its course. That would not express their objection to the resulting restrictions.

  • B
    Correct

    If they oppose fees that could prevent basic research, they would support a rule forbidding fees with that effect. B does not require that every use be free; it targets fees high enough to block research.

  • C

    This recommends restricting competitors' access. The author does mention researchers who did that in the past, but a shared label—researchers—does not establish that the particular opponents in paragraph two endorse that practice.

  • D

    Nothing attributes a desire for aggressive enforcement to this group. Their concern is that patent rights could interfere with access, not that universities fail to enforce those rights vigorously enough.

  • E

    Funding tied to patentability helps explain why some academic researchers favor patents. That is a different position from the opponents identified here. We cannot transfer the first paragraph's funding rationale to this group's principles.

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